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PRHSPSC PKT 04-14-2003
1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF MARCH 10, 2003 SUMMARY 5. COMMITTEE BUSINESS A. Steel Lake Soccer Field Project Agreement Action Sanders B. Red, White and Blues Festival Fireworks RFP Action Faber C. King County Developmental Disabilities Grant Action Faber D. Update on Kenneth Jones Pool Information Faber E. 2003 Human Services Commission Work Plan Action Assefa-Dawson F. Parks Commission Work Plan Action Reuter G. 2003 Interlocal Agreement for Waterfowl Management Action Reuter Program H. Amendment to extend Myers Master Lawn Care Contract Action Reuter I. Amendment to extend Facility Maintenance Contractors Action Reuter Contract J. Dumas Bay Centre, Roof Maintenance System, Final Action Reuter Acceptance and Release of Retainage K. Valley Special Response Team Action Kirkpatrick L. Special Olympics Washington Action Kirkpatrick M. Purchase of Storage Trailer for Traffic Cones Action Kirkpatrick 6. PENDING ITEMS Internet Safety • Voice Stress Analysis • Digital/Video Analysis Equipment • Pea Patch • Celebration Park Art Sculpture Program • Federal Way Coalition of Performing Arts • Community Center 7. NEXT MEETING —May 12, 2003 8. ADJOURNMENT Committee Members: Staff: Linda Kochmar, Chair Jennifer Schroder, Director Mary Gates Mary Jaenicke, Administrative Assistant Jack Dovey 661-4041 City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, March 10, 2003 4:00 p.m. SUMMARY In attendance: Council Committee members Chair Linda Kochmar, Jack Dovey and Mary Gates, Council member Dean McColgan. Staff: David Moseley, City Manager, Chief Kirkpatrick, Director Public Safety, Pat Richardson, City Attorney, Kelli O'Donnell, CDBG Coordinator, Jennifer Schroder, Director Parks, Recreation and Cultural Services, Kurt Reuter, Park Maintenance Superintendent, Mary Faber Recreation & Cultural Services Superintendent, Mary Jaenicke, Administrative Assistant. Guests: C.T. Purdom, Chair Parks & Recreation, Iris Marshall, Arts Commission, Linda Purlee, Multi -Service Center, H. David Kaplan, Citizen, Judy Turpin, Friends of the Hylebos, Barbara Reid, citizen, Chris Carrel, Friends of the Hylebos. Chair Kochmar called the meeting to order at 4:05 p.m. PUBLIC FORUM Linda Purlee: Stated that it has been a pleasure working with Human Services Commission, and she is very excited about the proposed employment program that will offer services to residents of Federal Way. Judy Turpin: Stated that she is in support of the Friends of the Hylebos Wetlands Interest to Donate Land to the City of Federal Way. Barbara Reid: spoke in support of the Pea Patch Program. She stated this is a very desirable program. She does not want people to forget about this program. This may not be the year to do the program, but maybe next year would be. She would also like the city to look at volunteer labor. Chair Kochmar requested that she and Reid work together with her on this program. COMMISSION COMMENT Iris Marshall: Spoke regarding the Arts Commission's Art Gallery programs, and the new artwork that has been installed at the Skate Park. The dedication will take place April 12. Gates moved that item 5G changes from an update to an action item. Dovey seconded. Motion passed. Gates moved that the revised agenda be adopted as the agenda the Council Committee work from. Dovey seconded. Motion passed. APPROVAL OF SUMMARY Council members Gates and Dovey approved the February meeting minutes as written. Motion passed. BUSINESS ITEMS Extension of CDBG Housing and Community Development Four — Year Strategies through 2004 O'Donnell stated that the current CDBG strategies expire in 2003. They are beginning to allocate funds for 2004. Staff recommended extending the Strategies through 2004 at their February Human Services Commission meeting. They would like the extension to allow time to analyze Census data and prepare a new Consolidated Plan, which will cover 2005 through 2009. Dovey moved that the committee recommend extending the Community Development Block Grant (CDBG) Housing and Community Development four-year Strategies through 2004. This recommendation is forwarded to the full City Council for consideration at the March 18, 2003 meeting. Gates seconded. Motion passed. Cancellation & Reallocation of Previously awarded Project & Amendment to 2003 CDBG Contingency Plan. O'Donnell reported that this project is a result of a 2003 CDBG award of $99,999 not being utilized. During the 2003 funding process, the Human Services Commission realized there was a large need in the employment services area for programs that applied to serve Federal Way residents. The commission saw this as an opportunity to look at other ways of addressing this issue in Federal Way, with a Federal Way organization. After approval from Council the Human Services Commission opened a request for concept papers for an employment program from eligible Community Based Development Organization (CBDO). This is also a special process for CDBG because it allows them to use Capital Dollars. A concept paper was received from the Multi -Service Center, which is an eligible CBDO. After reviewing the concept paper, and additional information that was requested, the Multi - Service Center was asked to apply for the funding. The proposal would offer services to a minimum of 75 Federal PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, February 10, 2003 Summary Page 2 Way clients. Gates moved that the committee recommends canceling the Community Housing Assistance Program — Ocean Ridge Apartments Child Care Project, a 2003 CDBG Capital Project for $99,999; and, reallocating 2003 CDBG Capital funds for $99,999 to the Multi -Service Center — Employee Development Services Project, and authorizing the City Manager to enter into a contract with the Multi -Service Center and amend the 2003 King County Housing and Community Development Contract to include the Multi - Service Center Employee Development Services Project. Dovey seconded. Discussion was held. Dovey stated that the Commission would need to think about the following two to three years after this year. He would like to see incentives for employers to hire the clients that go through this program. Purlee reported that the Multi -Service Center is looking for ways to partner with employers. Their goal is to build employer relations. Deputy Mayor McColgan asked if outcome measurements would be reviewed. O'Donnell replied that the outcome measurements would be reviewed quarterly. Chair Kochmar requested that the Council Committee receive a periodic report of the outcome measures. Motion passed. Dovey moved that the Committee recommend amending the 2003 Community Development Block Grant Contingency Plan to state that if any additional capital funds are received, funds will be allocated to the Multi -Service Center Employee Development Services Project to the requested level of $103,050. This recommendation is forwarded to the full City Council for consideration at the March 18, 2003 meeting. Gates seconded. Motion Passed. Kenneth Jones Pool Faber reported that King County has assigned a new pool manager, and he has been on site for two months. Federal Way staff is meeting regularly with King County staff, and the King County pool staff. The pool was closed for one week for repairs. Faber reported that she would be able to report on revenues after the first quarter. Initially, things are looking fairly well for revenues. The full-time job descriptions are under evaluation by the Human Resources Department, and hope to advertise soon for these positions. The City of Federal Way is scheduled to take the pool over by contract July 1, but will actually be taking the pool over by June 23, because that is the opening of the summer pool session. Faber stated that the current lifeguards are planning to remain. The pool manager position will manage both the Kenneth Jones Pool and the Seasonal Beach operations at Steel Lake. There will be programming changes in the future. Schroder reported that the Department would be doing some cosmetic changes to bring the facility to City standards, and an open house will be scheduled when we are in full operation. Faber stated that all positions would be open for people to apply. Lakehaven Utility District Sewer Easement Reuter presented a request by the Lakehaven Utility District for an easement on a section of City Open Space property to install a 6 -inch force main and an 8 -inch gravity sewer line. These are both connected to pump station 45. The easement being requested is on park property. The purpose of the project is to connect a service area within Federal Way to the Lakehaven Utility District Sewer Treatment Plant and disconnect from the City of Tacoma sewer system. Dovey moved to recommend to council a "do pass" to authorize the City Manager to grant the sanitary sewer easement as requested, and to place this item before Council on the April 1, 2003, consent agenda. Gates seconded. Discussion was held. Reuter stated that a different company purchased the Whispering Hills neighborhood. Reuter has researched the play area, and discovered that there is no agreement for the installation of the play area. The play area has been added to the Parks Department Inventory to ensure that it receives monthly inspections. Reuter said that if he is unable to find any history on this playground, and agreement will be drafted with the Whispering Hills Association so that the play structure is identified as being on City property, and will come to terms regarding the management and maintenance of the play structure. Chair Kochmar requested that the playground be added to the City's insurance list for liability. Chair Kochmar recused herself from the vote. Motion passed. 2003 Authorizing Resolution — Grant Application Schroder reported that the Washington State Interagency Committee for Outdoor Recreation is currently accepting applications for the 2003 Land and Water Conservation Fund. The State has a standard form that needs to be used for Grant Applications. The Grant Project is the BPA Trail Phase IV/Community Park. Gates moved to recommend a "do pass" to the City Council authorizing the City Manager to submit a 2003 grant application and Authorizing Resolution for the development of the Armstrong Property, and forward to the Full Council on March 18, 2003. Dovey seconded. Motion passed. Friends of the Hylebos Wetlands Interest to Donate Land to the City of Federal Way Schroder discussed a letter received from the Friends of the Hylebos. This letter talks about an opportunity to donate properties that they are actively pursuing acquisition of in the Hylebos Wetlands. The Friends of the Hylebos are looking for a permanent owner of that property The Hylebos is in the City's Comprehensive Plan. There are five policies in the Comp Plan that supports the Councils consideration to accept this acquisition. Friends PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, February 10, 2003 Summary Page 3 of the Hylebos, Chris Carrel had an opportunity to review the recommendation to the Council. Dovey moved to place this item under consent at the April 1, 2003 Council meeting, authorizing the City Manager to negotiate acceptance of the properties within the West Hylebos Creek Habitat south of S. 356`" street, and west of Pacific Highway, identified by and from these partnerships: Friends of the Hylebos Wetlands, King County and the Cascades Lands Conservancy for open space and conservation parkland based on the conditions presented by staff. Gates seconded. Motion passed. Chair Kochmar requested that this property be added to the City's Insurance list. Community Center Advisory Group Schroder stated that the Council did approve as part of their work plan at their retreat a community center/pool/senior center work plan. The work plan included many ways for the community to be involved. A staff team is working on the project. The proposed Advisory Group has representation from all of the standing advisory groups, as well as from the chamber, seniors, youth and adult athletics, school district, aquatics, instructors and users of the Recreation Departments existing programs. Eight meetings are scheduled for the Advisory Group to participate in. Deputy Mayor McColgan commented that 21 people are a lot of people to manage with an Advisory Group. He stated this will be a challenge and will require strong leadership. Gates moved to recommend a "do pass" the City Council approve the Advisory Group as presented, and forward to Full Council on March 18, 2003. Dovey seconded. Motion passed. Batting Cage Proposal Schroder reported that the Mentinks let their permit for the batting cage expire. A letter was sent to them, and they responded that they are not going to pursue. It was going to be more costly than originally estimated. Staff is recommending doing another RFP, to see if there is any more interest. PENDING ITEMS Voice Stress Analysis and Digital/Video Analysis Equipment Chair Kochmar would like a report on voice stress analysis and Digital/Video Analysis Equipment. Chief Kirkpatrick said she is attending a seminar on these items. She as asked Detective Burns to give a presentation at a future meeting. Council member Gates would like the presentation to include the Pros and Cons of the equipment. Farmers Market Council member Dovey stated he would like to see research done on a Farmers Market. Gates responded that this is being looked at in other Committees. Federal Way Coalition of Performing Arts Chair Kochmar would like a periodic report at the Committee Meetings. Barbara Reid stated she would talk to Joann Piquette about this. Other Gates would like a report on how the deployment of staff to other parts of the world is affecting the Public Safety Department. Chief Kirkpatrick said she would give a presentation at the next Committee meeting. Chair Kochmar would like the presentation to include all the Departments. Schroder stated she would talk with David Moseley regarding the report. Council member Dovey would like to discuss different methods for notifying the community on upcoming activities/events/meetings at a future meeting. Gates stated there should be an emerging issues report. NEXT MEETING April 14, 2003, 4:00 p.m. in the Mt. Baker Conference Room ADJOURNMENT - Meeting adjourned at 5:27p.m. 5.A CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: April 7, 2003 To: PRHSPS Council Committee From: B Sanders, Park Planning & Development Coordinator Via: David Moseley, City Manage , v Subject: Steel Lake Soccer Field Project Agreement Background: The Parks, Recreation and Cultural Services Department applied for a Land and Water Conservation Fund (LWCF) grant in 2002 to renovate the Steel Lake Soccer Field with artificial turf. The project, which is estimated to cost $800,000, was selected to receive $400,000 in grant funds in 2003. The City will provide a 50% match of $400,000, which was included in the 2003/04 biennium budget. The grant is provided by the National Park Service and is administered locally by the Washington Interagency Committee for Outdoor Recreation (IAC). In order to accept the funds and begin the project the City must sign the attached LWCF Project Agreement with IAC. Please note that a draft of the agreement is provided in the packet, and a final version with signatures from IAC is expected within a week. Funding commitments from the National Park Service were delayed while a final federal budget was approved, and this has affected our expected start of construction date. To expedite construction so that the renovated soccer field will be available during the soccer season late this summer, we are also seeking authorization to bid this project at this time. Committee Recommendation: Motion to recommend a "do pass" to the City Council Authorizing the City Manager to sign an agreement with the IAC to receive grant funds to renovate Steel Lake Soccer Field and to advertise Requests for Bids for construction of the project. APPROVAL OF COMMIT"IEE REPORT: Committee Chair Committee Member Committee Member N—, Project Sponsor: Project Tltle: rM LIV. JuVouLJULU r. uC LWGF 'root Agreement Recreaftm R seurue Account Federal Way Parks & Rec Dept Project Number: 02-1025D Steel lake Soccer Field Ran** Approval Date: 9/19/2002 A. PAfJ0 OF THL AGREEMENT This Project Grant Agreement (Agreement) is entet-re into 1�o the Interagency Committee for Outdoor Recreation (IAC), P.O. Box 40917, Olympia, Washington 98504-4017 2WA Peftrai Way parks & Rec Dept, 335301st Way S, PO pox 9718, Federal Way, WA 98063 (Speffsdr)4M al ly IM r►9 wpon tate agents and all persons acting by or through the partles. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by *Mh a gratit is made from the Recreation Resource Account of the State of Washington's General Fund. Tito grMt I&=MIRHiMigtorM by the IAC to the Sponsor for the project named above. C, DESCRIPTION_O.FPROJECT The subject Project is described on the attached Project SuMrrary. D. ELRU OF A GR-MENT The Project Sponsor's on-going obligation forge dWva ftrrA t Is p*rpetval unless otherwise identified in this Agreement. E. MRtOt7 OF PERFORMANCE The Project reimbursement period shall begin on M t 19, M, and end on December 31, 2003. No expenditure made before or after this period is eligible for reiMbe, r-ee' �rv't urk—w incorporated by written amendment into this Agreement. F, PROJECT FIJAMING The total grant award provided by the IAC for this prdj-t shatl not exceed $400,000.00. The IAC shall not pay any amount beyond that approved for funding of the p TM Sponsar shall be responsible for all total project costs that exceed this amount. The contribution by the S hAvr toward work on this project at a minimum shall be as indicated below: IAC - Land and Water Conservation Project Sponsor Total Project Cast Percentage Dollar Amount 50.00% $400,000.00 50.00% $400,000.00 100.00% $800,000,00 G. MOHjrSAND 9§00-ATION$ All rights and obligations of the parties to thia Agr"mew era subjenct to oris Agreement and its attachments, including the Sponsor's Application, Project Summary, EI''Vfb% R6b—rs mwffnt Activities Report, Project Milestones, and the General Provisions, all of which are attached herft and irtcoWrated herein. Except as provided herein, no alteration of any of 6e torm$ or conditions of this Agreement will be effective unless provided in writing. All such alterations, except to oto the period of performance, must be signed by both parties. Period of perfotmance extensions need only W sigmd by IAC's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. LWCF Proiect Aqreement Recreation Resource Account Pnoe 1 of 2 F. UJ H. COMPLIANCE WIZH_APPLICAOLESTAT LTES ,M VIA&.Aftffi,'C M_'WfigS This Agreement is governed by, and the Sponsor oll win ply with, sli applitabla state and federal laws and regulations, including Chapter 79A.25 RCW, Char WAC and published agency policies, which are Incorporated herein by this reference as if fully set forth. 1. A2p1jT0NAL EROVISIONS OR MODIF1 (none) J. EM AL FUND INFORMATION A portion or all of the funds for this project are providW through a federal funding source. Funds provided from the US Dept of Interior must be reported under CFDA Land & Water Conservation and Award Number Apport Ltr FY02 for federal ftteal year 2002. As a sub -recipient of the federal funds, you are req&W * ptylift ft 1AC with a summary of the federal.expendittires by CFDA# for each year. If your total federal expthdOW-M, A ft� -$M,00aG;r_more in -a one-year period, you are required to have a federal single audit in ccn, 9'Rafto WM, Oft Cif lArar A-133, K. ER ,�."J 0TA&AffTAQ&fflM M T &EP AM written communications sent to the Sporwr ~ ft ASoM, &M *0 It giddressed and delivered to: ProlectConfMdtt Name: Betty Sanders Title: Park Planner Address: 335301 st Way S Federal Way, WA 98083 160tri*ency Committee for Outdoor Recreation Natural Re -sources Building PO Box 40917 04yrripla, Washington 98504.0917 WwW.Wa.goVT1aC These addresses shall be effective until receipt by of pity from the other of a written notice of any change. L. J , ErAG6§_ffM,9N_ This agreement, along with all attachments, con SIM19MIftell0b aplWoerit of the partles. No other understandings, oral or otherwise, regarding this Agreement shall 0XISt GY VM'MV *ffib VdAW& M. !„FMMI PALE, This agreement, for project #02-1025D, shalil be eff6t-five upon s1going by all parties. STATE Of WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RSCOAXIM11 BY: Laura Eckert J VVIrector 9W PROJECT SPONSOR;6 BY; TITLE: Pre -approved as to form: BY: %q! AssistantAttorney General f�_3 aATE. DAM _ scree ion Resource Accoun-f ('.f,nntar 7.QA 95 RCW. Chaoter 286 WAC Paae 2 of 2 an CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: April 7, 2003 To: PRHSPS Council Committee From: Mary Faber, Recreation and Cp1tural Services Coordinator Via: David Moseley, City Manage s ,- Subject: Red, White and Blues Festival Fireworks RFP Background: A fireworks display is a part of every Red, White and Blues Festival held on July 4 each year. Fireworks services are contracted with professional pyrotechnic vendors. The budget for fireworks is $15,000 annually; a two-year contract would total $30,000. The previous contract executed in 2000 expired on January 1, 2003. Staff issued an RFP for fireworks for and received three proposals. Two staff members and an employee from the fire district evaluated the proposals. The current vendor, Entertainment Fireworks Inc. received the highest ratings based on response to the proposal, competitive pricing and creativity. Committee Recommendation: Motion to recommend to Council a "do pass" to authorize staff to negotiate a two-year contract with Entertain Fireworks Inc. for a total $30,000 or $15,000 annually, and place this item before City Council on May 6, 2003 for approval. '1'ltOVAI OI+' (OMh11'1"FE IZ.I+;hQIY'1. m�rntlec C Ila* (°onimiltcc 111cmbcr (�'om�nitl c n(cmbcr 16— 5.0 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: April 7, 2003 To: PRHSPS Council Committee From: Mary Faber, Recreation and Cultural Services Coordinator Via: David Moseley, City Manage V Subject: King County Developmental Disabilities Grant Background: The Parks, Recreation and Cultural Services Dept. would like to renew our Interlocal Agreement with King County Community and Human Services Department/Developmental Disabilities Division. This would allow us to receive funds for our Horticulture and Swimming and Fitness programs, which are geared toward people with developmental disabilities in the Federal Way area. Our department would receive $2,100 for the period of service between now and June 30, 2003. This is an opportunity for the City to help serve low-income families and promote health, fitness and wellness. Committee Recommendation: Motion to recommend to Council a "do pass" to accept this agreement and to place this item before City Council on May 6, 2003 for approval. �� 1 King County Contract No. D32540D Federal Taxpayer ID No. 91-1462550 Department/Division Community and Human Services/Developmental Disabilities Division Agency City of Federal Way Project Title Developmental Disabilities Contract Amount $ 21100 Fund Code 0107 Contract Period From: January 1, 2003 To June 30, 2003 KING COUNTY AGENCY SERVICES CONTRACT - 2003 THIS CONTRACT is entered into by KING COUNTY (the "County") and CITY OF FEDERAL WAY, whose address is P.O. Box 9718, Federal Way, WA 98063-9718, (the "Agency"). WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY FEDERAL Federal Catalogue No. 84.181 STATE $2,100 January 1 to June 30, 2003 TOTAL $2,100 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 14517. This form is available in alternate formats for people with disabilities upon request. City of Federal Way L -2- Page 1 of 18 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Certificates of Insurance/Endorsements Attached hereto as Exhibit I ® 504/ADA Assurance of Compliance Attached hereto as Exhibit II ® General Requirements Attached hereto as Exhibit III ® Family Support Community Service Grant Attached hereto as Exhibit IV ❑ Attached hereto as Exhibit ❑ Attached hereto°as Exhibit ❑ Attached hereto as Exhibit ❑ Attached hereto as Exhibit 11. DURATION OF CONTRACT This Contract shall commence on the 1st day of Janua 2003, and shall terminate on the 30th day of June 2003, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. III. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Payable monthly upon submission of required reports in accordance with terms and conditions expressed in this contract, including attached exhibits. B. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 10 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 45 days after a complete and accurate invoice is received. C. The Agency shall submit its final invoice and all outstanding reports within 4 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of L-3 City of Federal Way Page 2 of 18 V. M Vll. VIII the Contract amount. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. AUDITS A. If the Agency expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County their response and corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of .those communications and the Agency's response and corrective action plan. B. If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VII.A. C. Additional audit or review requirements which may be imposed on the County will be passed on to the Agency and the Agency will be required to comply with any such requirements. EVALUATIONS AND INSPECTIONS (,_ L1 City of Federal Way Page 3 of 18 A. The Agency shall provide right of access to its facilities, including those' of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to ' make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IX. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Agency in writing of the nature of the breach; The Agency shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; C. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B; D. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI, Subsections A, B, C, D, and E. C-5 City of Federal Way Page 4 of 18 X. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assignor subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. XI. TERMINATION A. This Contract maybe terminated by the County without cause, in whole or in part, prior to the date specified in Section LI, by providing the Agency thirty (30) days advance written notice of the termination. B. .The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI. B. (1), the Agency shall be liable for damages, including any additional costs. of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. if County expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section It, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. City of Federal Way Page 5 of 18 E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose'. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility forthe payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County and the State of Washington, their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with, or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. Each party to the Contract shall be responsible for the negligence of its officers, employees, and agents in the performance of the Contract. No party to the Contract shall be responsible for the acts and/or omissions of entities or individuals not a party to the Contract. D. Nothing contained within this provision shall affect or alter the application of any other provision contained within this Contract. XIV. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or City of Federal Way Page 6 of 18 subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply, with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either, through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of. Contract termination, and/or conversion from a "claims made" form to an 'occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance Coverage shall be at, least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require a professional standard of care. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency - owned vehicles or non -owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. City of Federal Way C-1 Page 7 of 18 Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. 5. Stop GaD/EMDlovers Liabilit Coverage shall 'be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. C. Minimum Limits of Insurance The Agency shallmaintain limits no less than, for: 1. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2;000,000 aggregate limit. 2: Professional Liability, Errors, and Omissions: $1,000;000 per claim and in the aggregate. 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily. injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: $1,000,000 D. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to, ` and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies Except Professional and Workers Compensation a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. City of Federal Way C-1 Page 8 of 18 b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. C. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregatelimit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VI I. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an Agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self - City of Federal Way ' 1-0 Page 9 of 18 insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment and Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. B. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of racer color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI, VII of the Civil Rights Act of .1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules . included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to utilize small businesses, including Minority- owned and Women -owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including MM/BEs: 1. Attending a pre-bid or pre -solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses, attempting to do business in King County, including MMBEs, on solicitation lists, and providing written notice of City of Federal Way �- I ( Page 10 of 18 subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs. 4. Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including M/WBEs. 5. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. 6. Using the services of available community organizations, °contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office on-line through their web site at www.wsdot.wa.gov/omwbe or at (360) 763-9693. E. Equal Employment Opportunity. The Agency will implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance. F. Fair Employment Practices. King County Code Chapters 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; C. 12 City of Federal Way Page 11 of 18 3. Employer,employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4. Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 5. Employer, employment agency` or a labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; 6. Publisher, firm, corporation, organization or association printings publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge. that the same is in violation of KCC Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. G. Record -Keeping Requirements and Site Visits The Agency shall maintain, for at least six (6) years after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. C-15 City of Federal Way Page 12 of 18 The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all. other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. H. Sanctions for Violations Any violation of the. mandatory requirements of the provisions of this Section shall be a material breach of contract, for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. Reporting 1. The Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this contract a total Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. Subject to the provisions of KCC Chapter 12.16.060, the Agency's Personnel Inventory Report shall be effective for two years after, the date on which the report was submitted. 2. The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an affidavit of compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in accordancewith paragraph A of this Section XV. The Agency shall complete the affidavit of compliance provided by the County and attach the original, notarized, completed form to this Contract. Subject to the provisions of KCC Chapter 12.16.060, the Agency's affidavit of compliance shall be effective for two years after the date on which the report was submitted. If the Agency engages in unfair employment practices as defined above, remedies as set forth in KCC Chapter 12.18 shall be applied. The Agency will complete all reports and forms (including Department of Social and Health Services non-discrimination forms, where applicable) provided by the County and will otherwise cooperated fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Agency shall complete a 504/ADA Self -Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation} Act of 1973, as amended ("504") and the Americans with Disabilities Act of 1990 ("ADA"). The Agency shall complete a 504/ADA Assurance of Compliance, and corrective action plan as needed for structural, programmatic, and/or City of Federal Way C' 14 Page 13 of 18 service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and is incorporated herein by reference. XVIL SUBCONTRACTSAND PURCHASES A. The Agency will include the above Sections IV, V, VI, VII; XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement forserviceswhich relate to the subject matter of this contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees; and/or agents in connection with or in support.of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XVIII: CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failurebythe Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. A. The Agency covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. B. If the Agency violates the provisions of Subsection XVIL or does not disclose other interest required to be disclosed pursuant to KCC Chapter 3.04, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a material breach of this Contract and grounds for termination pursuant to Section Xl. above, as well -as any other right or remedy provided in this Contract or law. XIX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to .further the election or defeat of any candidate for public office. XX. EQUIPMENT PURCHASE MAINTENANCE ANDI OWNERSHIP C 1 5 City of Federal Way Page 14 of 18 A. The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $1,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The Agency will admit County staff to the Agency's premises for the purpose of marking such property with County property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing_ slips, invoices, receipts) of equipment purchased with Contract funds. XXL NOTICES Whenever this Contract provides for notice to be provided by one (1) party to another, such notice shall. be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director of the County department specified on page one (1) of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. City of Federal Way C-1 G Page 15 of 18 XXIV KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of non -recycled paper, the Agency may notify the` Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXV. ENTIRE CONTRACTMAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVII. CONFIDENTIALITY The agency agrees that all information, records, and data collected in connection with this contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency City of Federal Way C-1 -A: I Page 16 of 18 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health information other than as provided for in this Contract. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency, of a use ordisclosure of protect health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report to King County any use or disclosure of protected health information not provided for by this Contract of which it becomes aware. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164-526. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County" compliance with the privacy rule. 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. City of Federal Way Page 17 of 18 2. In the event the Agency determines that returning"or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY: King County Executive. Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November _, 2002 CITY OF FEDERAL WAY Signature Name (Please type or print) Date City of Federal Way �� Page 18 of 18 om: Stevie Roberton At Brown 8 Brown of Washington FaxID: Fax 253-396-4500 To: Cliff Floberg uaw Exhibit acoRv_ CERTIFICATE OF LIABILITY INSURANCE. CSR SR EDE-10 DATE (MNI2/YY) 01/02/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE E n & Brown of Washington P. J. Box 1718 HOLDER. THIS CERTIFICATEDOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Tacoma 1A 98401 Phone:253-396-5500 Fax:253-396-4500 INSURED INSURER A: St Paul Fire & Marine INSURER B: Cito£ Federal Way FaiTh Ferreria-Shovein INSURER C: P O Box 9718 Federal Way T4A 98063-9718 INSURER D: INSURER E: 01/31/02. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERMOR CONDITION OF ANY CONTRACT OR OTIIER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PMDCLAIMS.NSR - LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/Y1() DATE (MMV)D/YY) LIMITS GENERAL LIABILITY ... EACH OCCURRENCE s$1,000,000 A X COMMERCIAL GENERAL LIABILITY GPO9306934 01/31/02. 01/31/03 FIRE DAMAGE (Any onefire) S $ 100,000 CLAIMS MADE _ rX] OCCUR MED EXP (Ary one person) : $ 0 PERSONALSADV INJURY $$1,000,000 GENERAL AGGREGATE S$2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $$2,000,000 POLICY LOC AUTOMOBILE UABILITY A X ANY AUTO GPO9306934 - 01/31/02 - 01/31/03' CorneINFD SINGLE LIMIT $1,000,000 (Eaacadert) BODILY MLJURY (P- P—) ALL -OWNED AUTOS SCHEDULED AUTOS - - - }. BODILY INJURY ; (Per accident) HIRED AUTOS NON -OWNED AUTOS - PROPERTY DAMAGE ; (Per accidert) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC ; AUTO ONLY: AGG ; ANY AUTO EXCESS LABILITY EACH OCCURRENCE $10,000,000 A X I OCCUR O CLAIMSMADE GP09306934 01/31/02 01/31/03 'AGGREGATE $10,000,000 S t DEDUCTIBLE X RETENTION $1.0,000 - -- $ A WORKERS COMPENSATION AND EMPLOYERSITY' LIABIL GE09306939/ sine eae - 01/31/02 01/31/03 I TO2Y LIMITS I X1 ER El- EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 EMPLOYERS LIABILITY E.L. DISEASE - POLICY UWFT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIOWNEHICLESIEXCLUSIONS ADDED 13Y ENDORSEMENT/SPECIAL PROVISIONS It is agreed that the Certificate Holder is included as Additional Insured but only as respects the Contract #D32540D including the Family Support Extension Grant CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION King County - Developmental Disabilities Division Attn: Cliff Floberg 821 Second Avenue, #400 Seattle, WA 98104-1598 ACORD 25S PING -o9 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. C,-2-0 ©ACORD CORPORATION 1988 ym: Stevie Roberton At Brown & Brown of Washington FaAD: Fax 253-396-4500 To: CW Floberg ADDITIONAL PROTECTED PERSONS ENDORSEMENT - DESCRIBEO PERSONS OR ORGANIZATIONS This endorsement changes your Commercial General Liability Protection. How Coverage is Changed There are two changes explained below: 1. The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Described additional protected persons. The person or organization shown in the Coverage Summary as an additional protected person for this endorsement is a, protected person. But only, for covered bodily injury and property damage that results from your work for that person or organization. If you agree in a written contract for insurance to add that person or organization as an additional protected person under this agreement and if that written contract for insurance specifically requires such coverage for them, that person or organization Is also a protected person for the following: covered bodily Injury or property damage that results from your completed work for that person or organization; or • covered personal injury that results from your business activities for that person or organization. However, any person or organization shown in the Coverage Summary as an additional protected person for this endorsement is a protected person only for the lesser of: • the limits of coverage required by the written contract for insurance; or • the limits of coverage for this agreement. But a person or organization who's an architect, engineer, or surveyor and is shown in the Coverage Summary as an additional protected person for this Date: 1 fWa W:3Y FM Page: 1 of:3 endorsement is not a protected person for bodily injury,property damage, or personal injury resulting from the performance of or failure to perform architect, engineer, or. surveyor professional services. Written contract for insurance means that part of any written contract or agreement in which you agree to add a person or organization as an additional protected person under this agreement that: • was made before; and • is in effect when; the bodily injury or property damage happens, or the personal Injury offense is committed. Adddionat protected person, may also be called an additional insured in a written contract for insurance. We explain what we: • mean by your work and your completed work in the Products and completed work total limit section; and • consider architect, engineer, or surveyor professional services to include in the Contract liability exclusion. 2. The following is added to the Other primary or excess. insurance part of the. Other Insurance section. This change limits coverage. We'll also'apply this agreement as excess insurance over the part or parts of any primary or excess other insurance which provides protection for any person or organization shown in the Coverage Summary as an additional protected person for this endorsement. However, If you specifically agree in a written contract for insurance that this insurance must be primary to and non-contributory V0055 Ed. B-00 Printed in U.S.A. Endorsement oSt.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 1 of 2 rom: Stevie Roberton At Brown & Brown of Washington Fax1u: tax Z53-39tr4auu i o: unn raoerg TMW$Tl UI with other insurance issued directly to that person or organization, we'll apply this agreement as primary insurance for damages covered by this endorsement that are incurred by that person or organization, and we won't share those damages with such other insurance. Other Terms vale: trcluo U41. 4 rm rage: L oY J All other terms of your policy remain the some. V0055 Ed. 8-00 Printed in U.S.A. Page 2 of 2 oSt.Paui Fire and Marine insurance Co. 2000 All Rights Reserved C -2--L- FEB. 4.2003 2:10PM SUPPORT SVCS Exhibit II 504/AAA DISABILITY ASSURANCE OF COMPLIANCE Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified people with disabilities. I understand that federal and state laws prohibit discrimination in -public accommodate ns and employment based solely on disability. In addition, I recognize that Section 504 requi es recipients of federal funds (either directly or through contracting with a governmental entity receiving federal funds) to make their programs, services, and activities, When viewed in their entirety, accessible to qualified and/or eligible people with disabilities. t agree to comply with, and to require that all subcontractors comply with, the Section 504/ADA requirements. I understand that re*onable accommodation is required in both program services and employment, except where tb do so would cause an undue hardship or burden.. I agree to cooperate in any compliance review and to proWide reasonable access to tho premises of all places of business and employment and to records, files, information, and employebs therein to King County for reviewing compliance with Section 504 and ADA requirements. I agree that any violation of the specific provisions and terms of the 504/ADA Disability Assurance of Compliance and/or Corrective Action Plan required herein or Section 504 or the ADA, Shall be deemed a breach of a material provision of the Contract between the County and the Contractor. Such a breach shall be grounds for cancellation, termination, or suspension, in whole or in part, of this Contract by the County. .ccording to the responses to the questions in the 504/ADA Self�Evaluation (iio NO Questionnaire, (company name) Ilu- of- Rx" W" r r is in compliance with 504/ADA. If the above response is NO, the following corrective actions will be taken: Corrective Action Plan The following Corrective Action Plan is submitted to comply with Section 504 and ADA; requirements. General Requirements Actions To Be Taken Cbmpletion Date Program Access Actions To Be Taken Cbmpiiption Date 504/ADA DISABILITY ASSURANCE OF COMPLIANCE (contin0ed) 504/ADA Contract Forms, 8-21-01 1—�3 it FEB. 4.2003 2:11PM SUPPORT SVCS No. 955 P.3/3 Employment and Reasonable Accommodation Actions To Pie Taken loompletion Date Physical Accessibility Actions To Be Taken Gompletlon pate Declare Under Penalty of Perjury under the Laws of the State of Washington th6t the Foregoing is True and Correct. Contractor. r �. C;ompanylName 33 }bb3 Street Address --�^ City I State. Zip Authorized Signer. Name fta-el pdnt) Tiff Phone For Notary:. State of Washington, County of ViA-� Signed and attested* before me on (date)1 XI '11 6y by (print authorized signer name) ��Y�hii CG`nr(ad A t 00 =yyt,,��%1�TARY'� ko ; O ph ;3 n Wk S 4!��t.� Notary signatu Notary (print rn My appointment expires: 5041ADA Contract Forms, B-21-01 2 ?j� EXHIBIT III GENERAL REQUIREMENTS WORK STATEMENT A. Board of Directors CITY OF FEDERAL WAY GR -III -1 If the Agency is incorporated, it must have an active, legally constituted board of directors in accordance with RCW Chapters 23B or 24, as applicable. 2. If the Agency is non-profit, the board cannot include staff members or consultants who are directly involved in the Agency's operation 3. The board's membership roster, copies of the bylaws and minutes of meetings of the past year must be available for review. 4., The board must approve the Agency's annual budget, and there must be board oversight of fiscal operations. B. Agency Administration 1. The Agency shall have current organizational charts describing administrative lines of authority and containing the position titles of program staff. 2. The Agency shall maintain a job description for each position within the organization, detailing duties and responsibilities. 3. The agency shall have a written statement describing the mission of the organization. 4. The Agency will have on file all appropriate certificates and licenses in order for the Agency to operate as required by Federal, State or local law, rule or regulation. II. INDIVIDUAL HUMAN AND CIVIL RIGHTS PROTECTION A. The Agency will protect individual human and civil rights by its actions and by having written policies which address, at a minimum, the following: Prohibiting discrimination in accordance with Section XV. Nondiscrimination and Equal Employment Opportunity of this Contract. 2. If providing a direct service, an appeal/grievance process when a participant or his/her guardian disagrees with an Agency decision. This appeal/grievance process must ensure that L-2-5 CITY OF FEDERAL WAY GR -III -2 a. All conflicts are negotiated, b. That a mediation process is available upon request using someone unaffected by the outcome C. That the individual may be represented by an advocate. 3. Protecting participants from exploitation, neglect, and abuse while receiving services. a. Complying with Washington State law requiring background checks as required by RCW 43.43.830 - RCW 43.43.845 on all employees providing direct service to persons with developmental disabilities. b. This shall be completed prior to working with participants and their families: C. A copy of the completed and current background. inquiries shall be maintained in the Agency's records. Criminal history background checks performed by DSHS DDD expire in 3 years and Washington .State Patrol checks expire in.2 years. from the date the check was made and either background check is acceptable. 4. Policy and procedures for Mandated Reporters, which includes all staff and volunteers, in accordance RCW 74.34, RCW 26.44 and DSHS DDD Policy 5.13 Protection from Abuse. a. Report any suspected instance of abuse, neglect or exploitation to local law enforcement and either Children's Protective Services or Adult Protective Services as appropriate. b. For any suspected physical or sexual abuse, or a potential Life threatening situation, immediately call 911. C. Ensure that all staff and volunteers are aware of the special statewide phone number 1 (800) 562-5624 for mandated reporters. 5. Providing for staff intervention in the most dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. All interventions must meet the requirements of DSHS/DDD policies 5.14, Positive Behavioral Supports, 5.15 Use of Restrictive Procedures, and 5.17 Physical/Manual Intervention Techniques issued under authority of RCW 71.A. 6. Personnel policies must include disciplinary consequences for staff members for violation of client rights. L-2__(,0 CITY OF FEDERAL WAY GR -111-3 7. Ensuring client confidentiality of records, including the provision of release of information and/or an oath of confidentiality. 8. The Agency shall also provide each client and/or family or advocate, as appropriate, who is receiving the service, an orientation or other informational meeting in which the following are explained a. Participant Rights b. Grievance/complaint procedures C. A description of what the recipient may expect through participation in the Agency's services. The Agency shall provide this information in a written document 9. The Agency shall maintain documentation to demonstrate that all staff is knowledgeable of and trained in'the .implementation of items above. B. The agency retains the right to turn down new referrals. The Agency also retains the right to terminate services to individuals for cause. 1. The Agency must have written policies which reflect their referral acceptance policies and termination policies. 2. The policies must describe reasons which may lead to rejection of a referral or termination of current service to an individual. 3. The policy must contain procedures for appeal on behalf of existing or potential clients. 111. SERVICE DELIVERY A. Services to be purchased by the County with State funds are restricted to King County residents who have been declared eligible by the State Division of Development Disabilities (DDD) Field Services Region IV. However, with pre -authorization from the County of residence, an Agency may bill for services provided to a resident of another county provided that King County has negotiated with the county of residence for funding to cover the costs of the services provided. B. Services for eligible children and adults and their family are available in accordance with WAC 388. C. Services should have clear outcomes for individuals consistent with the values and principles of integration and increased independence, The County Guidelines, and the authorized service being purchased by the County. D. The Agency shall cooperate with Region 4 Field Services and the County in any efforts to increase access to services for communities of color and to deliver services in a culturally and linguistically appropriate manner. CITY OF FEDERAL WAY GR -111-4 E. The Agency shall coordinate services and resources, as appropriate, to meet the needs of individuals served by the Agency in order to complement and maximize available community resources IV. REPORTING AND EVALUATION REQUIREMENTS A. Reporting Requirements Monthly DDD Service Report The Monthly DDD Service Reports are due on or before the 10th working day after the close of the calendar month in which -the services were delivered. However, the reports for the months of the June and December are due on or before the 4th working day of the following month. 2. The reports must be submitted according to the process and format specified by the County.. The Agency shall review. the documents for accuracy and 'completeness prior to submitting them to the County. B. The Agency shall report any injury accident, which requires more than simple first aid, and any extraordinary incident which requires intervention by the Agency, to the case manager for the individual involved and to the County. The initial report may be done through documented telephone calls to the County Social Service Coordinator and the DSHS DDD Case Manager. 2. The Agency shall submit a written follow-up report within 10 days to the County 3. Serious and emergent incidents shall be handled in accordance with DSHS/DDD Policy 12.01 Incident Management. C. The file for each client receiving services billed to King County must contain medical information (medications, diet, allergies, etc.) needed during the hours of service shall be available for each individual. D. The Agency's attendance records and/or service delivery records shall document all services billed to King County. E. The Agency shall submit, when required by the County, Corrective Action Plans and Corrective Action Reports in accordance with time frames established by the County. F. Revenue, Expenditure, and Accounting Reports The Agency agrees to cooperate with the County should revenue and expenditure information be required by the County in the future, and/or if the County seeks financial data related to specific service delivery costs. Z� CITY OF FEDERAL WAY GR -111-5 2. The agency shall include by insertion or attachment the following certification in its monthly invoice, with signature and date signed by Agency Director or designee: Vendor's Certificate. 1 hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, sexual orientation, or Vietnam era or disabled veterans status. By: Date: 3. Final Billing The Agency shall submit final billings for services provided during the period January 1, through June 30, 2003 including retroactive adjustments by July 8, 2003, to meet the State of Washington fiscal. year-end close-out. The Agency shall submit final billings for services provided during the period July 1, through December 31, 2003 including retroactive adjustments by January 6, 2003 to meet the King County fiscal year-end close-out, 2003. Should the Agency not provide the invoices by these deadline dates, the County will be relieved of all liability for payment of amounts billed in said or in any subsequent invoice monthly reimbursement. V. SPECIAL PAYMENT PROVISIONS -TEMPORARY CLOSURES OF PROGRAMS A. Programs receiving reimbursement on a fee for service basis or on the basis of meeting a minimum monthly service level may qualify for reimbursement for any closure or substantial non-attendance necessitated by natural causes, disasters, state offered training such as the Ellensburg Conference, or mechanical failures above and beyond the control of the service provider- In order to qualify for reimbursement, the Agency must demonstrate that the closure meets one of the following conditions: 1. Weather conditions or other natural causes necessitating the closure of the public schools in the Agency's catchment area. 2. Other conditions, including training events, for which the County has obtained concurrence from DDD Regional Manager/Administrator that the closure is necessary. B. Fee-for-service reimbursement shall be based on the average units of service provided per client per day during the service month immediately preceding the month in which the closure occurred. Likewise, the adjusted reimbursement for a minimum service level contract will be calculated using the service month immediately preceding the month in which the closure occurred. The Agency shall C -z1 CITY OF FEDERAL WAY GR -111-6 report, on the invoice attached to the Monthly DDD Service Report ("CHRIS") form, the units of service (and clients) thus claimed separate from the clients and units of service claimed for "open" days. C. No Federal Title XIX funds may be used for this purpose. CITY OF FEDERAL WAY FSCSG -IV- I EXHIBIT IV FAMILY SUPPORT COMMUNITY SERVICE GRANT. Igilmm'k'[O1 124&11 � f>r�:V,1 1- The Agency shall provide services to enrolled participants in accordance with the terms and conditions described hereinafter and in accordance with Exhibit III. General Requirements. The total amount of reimbursement for this Exhibit shall not exceed $2,100 from State and/ or County Funds for the contract period January 1 through ,June 30, 2003. 11. PROGRAM DESCRIPTION A. Goal To promote and support community opportunities for individuals (children and adults) with developmental disabilities who reside with their families. B. Objectives 1. To be family focused 2. Increase inclusion of persons with developmental disabilities 3. Promote_ community collaboration 4. Expand horticultural skills, increase health and fitness opportunities for 20 to 30 individuals with developmental disabilities. C. Eligible Population Activities funded by this contract can be provided to assist only individuals (children. and adults) whose label of developmental disabilities means a condition, which meets the following: 1. A condition defined as mental retardation, cerebral. palsy, epilepsy, autism, or another neurological or other condition as defined in revised WAC 388; 2. Originates before the individual reaches eighteen (18) years of age; 3. Continues indefinitely; 4. Results in a substantial handicap. 5. DDD eligible children and their families as defined in WAC 388-825. Such eligibility shall be approved by Region 4 DDD. D. Program Requirements CITY OF FEDERAL WAY FSCSG -1V- 2 1. To develop and implement community based service projects that benefit individuals (children and adults) with developmental disabilities and their families as stated in the _2003 Contract Project Data Sheet. Reference Attachments A. 2. Eligible participants are individuals (children and adults) who live with their families or independently. 3. The Agency shall facilitate the use of generic community resources. 4. The Agency shall build community partnerships within and outside of the developmental disabilities system. 5. The Agency shall address the diverse needs of communities of color and limited or non-English speaking groups. 6. The Agency shall administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. III. COMPENSATION AND METHOD OF PAYMENT A. The Agency shall complete the Billing invoice Attachment B when billing for reimbursement of actual allowable'expenditures ander this contract. B. The total reimbursement for the contract period shall not exceed the amount in I. Work Statement of this Exhibit. C. The billing invoice and other required reporting documents serve as the Agency's invoice to the County for services rendered. The County may, at its option, withhold reimbursement for any months for which the required reports have not been received or are not accurate and/or complete. IV.' 'REPORTING AND EVALUATION REQUIREMENTS A. Submit with each billing a brief progress report, on the activities identified in the project and complete the Project Participant Sheet Attachment C. B. For the purposes of this contract administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. A report of the results shall be submitted no later than with the June 30, 2003 billing. C- 3a ATTACHMENT A 2003 Contract Project Data Sheet 1. Project Name: Discovery Trust, Swimming/Fitness & Horticulture. 2. Name of Agency/Organization: City of Federal Way & Highline CC. 3. Date project (services) will begin Jan 2, 2003. (Cannot be earlier than January 1, 2003) 4. Date project (services) will end June 30, 2003. (Cannot be later than June 30, 2003 5. Project goal or goals. What results are expected from project? (Limit your response to 50 words or less.) We desire to increase community involvement and awareness of and for people with developmental., disabilities through inclusive programming of our two funded areas. We wish to help remove barriers for those with disabilities (physical, financial, mental), increase health and fitness levels, and increase horticultural skills and horticultural benefit recognition (mental, physical and environmental) for all involved. 6. Check the theme(s) that best describes your project: X Community Resource Development Parents Helping Parents (Respite) Provider Development 7. How many eligible (DDD enrolled individuals living with their families) participants will the project serve? 20-30 8. Identify service population: X Adults Only Children Only Both Adults and Children 9. What area(s) of the County will the project serve? South King County — mostly Federal Way 10. What are these funds being used for? (Limit your response to 50 words or less.) The funds will be used to either offset program fees, or,enable people to participate completely free. They will also be used to pay necessary staff GAAgencies\Agencies 2003\City of Federal Way 2003\FSCSG Data Sheet 2003.doc ATTACHMENT A , 2003 'Contract Project Data Sheet or one to one assistants, pay facility flees (for example, pool fees) and some program supplies. 11. Briefly describe the project. (Limit your response to one page or less.) HORTICULTURE PROGRAM. An on-going community horticulture project held at Dumas Bay Centre, a City of Federal Way facility located in Federal Way, Washington. People with developmental disabilities can work with their families and other members of the community to create a beautiful park that can be enjoyed by the entire community. By participating in this program, all people involved will realize the mental, physical and;environmentai benefits that stem from gardening, landscaping and caring for an outdoor facility. All involved will also be educated on different aspects of horticulture, which could possibly lead to a career in the field. SWIMMING & FITNESS PROGRAM: The purpose of this program is to help people with developmental disabilities access existing swimming lessons, water aerobics classes for health and fitness, therapy, social skills, enrichment and education. In most cases, the individual will attend class with a person who does not have a disability, therefore promoting inclusion. This program has expanded beyond water activities for fitness to include walking, Yoga, Tai Chi, aerobics and more. An individual plan is made for each person wishing to participate to facilitate individual needs to the highest degree - 2 G:1AgenciesWgencies 20031City of Federal Way 20031FSCSG Data Sheet 2003.doc Agency Name: Address: Telephone: KCDDD FAMILY SUPPORT COMMUNITY SERVICE GRANT BILLING INVOICE Month: Program Name: ATTACHMENT B # Describe Expenditures Unit Price Quantity Total Amount Note 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total 2003 Budget Balance Available King County Vendor's Certificate 1 hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, sexual orientation, or Vietnam era or disabled veterans status: Prepared by: PRINT NAME & TITLE SIGNATURE C__35 03 FSCSG Invoice Invoice Date: IPOTL11➢A W. Iirlal IV, l FAMILY SUPPORT COMMUNITY SERVICE GRANT Manual Legend: Black - For description and formulas. Don't change any black cells. Blue - For monthly update areas. Red - For linking data from other sheet Don't change any red cells. Submitted by: E-mail - "kc.chris@metrokc.gov"; send invoice with original signature by P -mail P=mail - Attn: Esther Wu, KCDDD Address _ For questions about service programs, please contact Irma Hill. @ (206) 296-2513. For questions about fiscal issues, please contact Esther Wu @ (206) 205-0681 Instruction 03 FSCSG Invoice 12/4/02 12:13 PM Project Participant Definition: ATTACHMENT C 1) List only participants with a developmental disability who live at home or on their own and who are enrolled in the developmental disabilities system. 2) You may no longer list participants who are not enrolled in the DD system. Agency Name: Address: Telephone: KCDDD FAMILY SUPPORT COMMUNITY SERVICE GRANT PROJECT PARTICIPANT SHEET Month Program Name: # Last Name First Name Middle Initial Case Number" Date of Birth Participation Days Describe Activity 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ff The Case Numbers should be the same as the State DD Case Numbers. Prepared by: Date: PRINT NAME & TITLE Activity 03_FSCSG_Invoice 12/8/02 4:17 PM C,3-1 5.E CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: April 14, 2003 TO: Parks, Recreation, Human Services and Public Safety Committee "From: Lydia Assefa-Dawson, Human rvices Manager Via: David Moseley, City Manager Subject: 2003 Human Services Commission Work Plan Background The Human Services Commission held a highly successful and effective annual retreat on March 17, 2003 at Dumas Bay. Council appointed one new Commissioner and two alternates at the beginning of the year, so this retreat was very beneficial to them. The Commission and staff also discussed what had been effective and proposed changes for the coming year to make the work easier and to better reach the community. The Commission and staff agreed to focus on awareness and education of human services programs at the community level, allowing those in need of the services better access to them. At this retreat, the Commission also finalized its proposed 2003 Work Plan, which is outlined as follows. 2003 Human Services Commission Work Plan Listed below is the Commission's proposed work plan for 2003 and the lead person assigned to work on each project. 1) Learn more about current human services needs and identify gaps in the human services system. • Host a Community Forum in the Fall, to identify needs and gaps. • Complete analysis of the 2000 census information for Federal Way. • Needs Assessment Housing and Human Services —Phased as funding allows Lead: Ron Secreto, Kari Newport, David Larson and Staff. 2) Review Community Development Block Grant (CDBG) • Direct entitlement or stay in the King County Consortium (Timeline) • CBDO Employment Project • Funding recommendation for 2003 Additional Capital funds • Conduct 2004 CDBG allocation processes and make recommendations to the Council. This includes review of the 2004 CDBG Pass Through Acceptance form and estimated funding available, review and evaluation of applications, applicant interviews, deliberations, recommendations to the City Council, and evaluation of the processes. • Census Data Analysis Lead: Staff and Commissioners 3) Learn about sub -regional human services planning efforts • Update on the South King County Human Services Forum • Update on the South King Council of Human Services E-1 PRHSPS Human Services Work Plan Page -2- 04114103. • Follow information and provide input on King County's Human Services funding • Update on Sub -Area Plan Lead: Staff 4) Review the performance of contracted agencies (Human Services and CDl3G) on a quarterly basis. Lead: Staff 5) Tour Human Services agencies that receive City funding. Commissioners will sign up to visit two agencies and report back to the Commission. Prepare three basic questions to ask for ease of reporting and to narrow the purpose of the tour. Lead: All Commissioners 6) Develop Partnerships with service clubs, churches, human services agencies, Federal Way Public Schools and the Greater Federal Way Chamber of Commerce to increase coordination and collaboration on human services issues. • Explore other funding sources and opportunities as the budget for human services continues to decline. • Consider using the Citys cable channel to promote City funded human services programs by showing agency videos on the channel. Lead: Dave Larson and Staff 7) Commission members will continue working closely with all levels of City government by. attending City Council and Council Committee meetings and emphasiang the need to maintain a strong level of Human Services funding in the City budget process. Lead: Commission members 8) Review evaluating Human Services Application and a biennium process Lead: Staff, Rick Agnew and Richard Bye 9) Marketing / Outreach to increase Community awareness of Human Services. • Consider using the City's Cable Channel to promote City funded Human Services programs by showing agency videos on the channel • Create brochures for distribution and display at local stores, restaurants and public areas. Lead: David Larson and Vicki Bunker Summary The Commission is committed to assuming and fulfilling these responsibilities and is confident that the 2003 Work Plan will enable the Commission and staff to provide the Community with a clear service delivery system. If you have any questions about the Work Plan or any other Human Services issues, please contact Lydia Assefa-Dawson, Human Services Manager, at 253-661-4039. ,E -2. PRHSPS Human Services Work Plan Page -3- 04/14/03 Committee Recommendation Approve the Human Services Commission's 2003 Work Plan, as proposed by the Commission and forward to the full Council for approval on May 6, 2003. 2. Approve the Human Services Commission's 2003 Work Plan as amended by the Committee and forward to the full Council for approval on May 6, 2003. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member E--3 CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT 5.F MEMORANDUM Date: April 14, 2003 To: PRHSPS Council Committee From: Jennifer Schroder, Director ` Via: David Moseley, City Managg�f SUBJECT: Parks Commission 2003/2604Work Plan At the Parks Commissions March 6'h meeting, the commission passed a motion to forward to the Council the following work plan forapproval: Committee Recommendation: Move to recommend to Council a "do pass" to accept the Parks Commissions 2003/2004 work plan as submitted, and to place this item on councils May 6' Council Agenda under consent APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member: Committee: Member P-1 TIMELINE 20.03:.. ACTIVITY 1 QTR 2NV QTR 3 QTR 4 TH. QTR 1. Armstrong Property: Conduct public meetings to gather community input for park development. Recommend to Council preferred alternative(s) Conduct public process for naming a park 2. Thompson Property: Conduct public meetings to gather community input for park development. Recommend to Council preferred alternative(s) Conduct public process for naming a park _- 3. Community Center: Chair to participate in Advisory Group for the Community Center. Commission will monitor process and participate in the community process. 4. Lakota Park: Update master Plan Conduct public meetings Recommend to Council preferred master plan 5. Steel Lake Soccer Field renovation: Dedication ceremony 6. Sacajawea Park: Site improvement Plan, Conduct public meeting on alternatives/improvements 7. Park Impact Fee: Review information on a park impact fee Provide recommendation to City Council on whether a park impact fee should be considered 8. Kenwood Pit Property: Conduct public meeting to gather community input for park development. Input to be incorporated into parks CIP list of projects for future funding 9. Bike Facility: Conceptual planning for location of a bike facility 10. Play ground: Parks CIP includes for 2003, funding for a new play area at Lakota Park. Commission to recommend the placement location and play equipment elements. 11. Downtown Park: Coordinate with Community Development Services to determine/explore the location of and amenities within the ark Committee Recommendation: Move to recommend to Council a "do pass" to accept the Parks Commissions 2003/2004 work plan as submitted, and to place this item on councils May 6' Council Agenda under consent APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member: Committee: Member P-1 5.G CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: April 14, 2003 TO: PRHSPS Council Committee FROM: Kurt Reuter, Park OperatioAraterfowl erintendent VIA: David Moseley, City Mana�1' SUBJECT: 2003 Interlocal Agreement Management Program Background Canadian Geese populate the beach at Steel Lake Park and in Celebration Park wetlands and sports fields. The geese increase our cost to manage the parks and pose a health and safety risk to the park user. Some of the most measurable negative impacts are increased labor costs to keep the beaches and picnic areas clean, reduced water quality at Steel Lake for swimming, and destruction of wetland plantings. The most significant tool to manage the Canadian Geese population is the Interlocal Agreement for Waterfowl (Canada Goose) Management Program. Ten cities in King County along with the University of Washington, U.S.D.A. Wildlife Services, and the U.S.D.I. Fish and Wildlife Services make up the Oversight Committee to manage this program. The City has participated in this program for the past two years. Purpose The purpose of this agreement is to provide the joint funding to contract with the Wildlife Services Program of the U.S. Department of Agriculture to manage the Canada Geese population within King County. The plan will include an egg addling program, lethal control, population monitoring and gathering census data on Canada Geese, within King County. Scope of program 2003 will be the eleventh year of an egg addling program and the fourth year utilizing "lethal control". In addition, educational programs will be conducted to inform the public about urban Canada Geese and the associated health and safety problems. Responsibilities Each party, represented on the Waterfowl Management Committee will share in the ongoing review of the programs carried out by WS. Compensation The City's contribution will be limited to $2,930. The amount paid in 2003 was $3,400. The reason for the cost reduction is that one additional city was added to the program. Term The term of this Agreement is from January 1, 2003 to December 31, 2003. Deliverables WS will make every effort to conduct an egg -addling program on 2,000 — 2,500 eggs. Lethal control will be implemented as necessary and total numbers will be established by the U.S. Fish and Wildlife Service Permit. Participants will receive a report on the number of eggs addled and geese euthanized in 2003. Committee Recommendation: Approve the 2003 Interlocal Agreement for Waterfowl (Canada Goose) Management Program and forward to full Council at the May 6 meeting for consideration to authorize the City Manager to execute the Interlocal Agreement. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member &,t For Your Action 2003 Interlocal Agreement for Waterfowl (Canada Goose) Management Program Please Note: Final Form Ready for Your Submittal for Signature and Funding Authorization n:mffosp\ah\weterfwt\nmmncviuefl000 1 2003 INTERLOCAL AGREEMENT FOR WATERFOWL (CANADA GOOSE) MANAGEMENT PROGRAM WHEREAS, Chapter 39.34.040 RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services in a manner pursuant to forms of government organization that will accord best with recreational, park and natural resources and other factors influencing the needs and development of local communities and WHEREAS, the various agencies, cities, counties, Washington State and agencies of the Federal Government listed in Exhibit A - Page 6 of this Agreement, desire to manage waterfowl, especially Canada Geese; and WHEREAS, all parties require assistance from the Wildlife Services Program of the U.S. Department of Agriculture, to reduce negative impacts on water quality, minimize resource damage, ensure safety from disease for park visitors, and enhance other property managed; and WHEREAS, information dating to a 1989 Waterfowl Research Project done by the University of Washington and current data indicates a large surplus of geese and other waterfowl species in the greater Seattle area; and WHEREAS, this program will be an ongoing resource management activity attempting to maintain a manageable number of birds on a year-to-year basis; and NOW, THEREFORE, in consideration of the covenants herein, it is mutually agreed as follows: SECTION I - PURPOSE The purpose of this Agreement is to provide joint funding for an egg addling program, lethal control, population monitoring and census; mainly of Canada Geese, within King County. This program will assist each party in maintaining and managing public and selected and approved private sites that are impacted by a surplus of waterfowl. n:staffosp\dh\watcrfwl\agreemntUnte1L000 2 SECTION II - SCOPE OF PROGRAM Wildlife Services (WS) will receive funds from each participating member for the continuation of an egg addling program, lethal control and evaluation during spring and summer 2003. Using best management practices WS will carry out an egg addling program, seeking as many accessible nesting areas as possible and will make every effort to minimize damage to the surrounding environment. WS will also implement a program of "lethal control" as requested by the Waterfowl Management Committee, subject to the terms and conditions of a permit to be issued by the U.S. Fish and Wildlife Service. This will be done on a case by case basis in situations where an over population of Canada geese may result in an impact on human health and safety, such as potable water contamination, bird aircraft strikes, disease transmission or other situations as determined by WMC members. Agency and corporate participants acknowledge by approval signature (below) that their participation includes a request to WS for direct assistance through the removal of Canada geese, and will rely on the experience and expertise of WS to identify locations where goose removal is appropriate. Participants may identify locations where control is not to be carried out. Approved by: Date: for Agency WS will provide an annual report to the members of the WMC which will include information regarding egg addling, the general location of nests and number of eggs addled, number of geese removed, difficulties encountered and whatever other information would be valuable to the WMC. 2003 will be the eleventh year of an egg addling program and the fourth year utilizing "lethal control". All methods and tools utilized to accomplish addling and "lethal control" activities in 2002 will again be used in 2003. A census of urban Canada Geese will be conducted during 2003, however as in 2002 these census counts will be expanded using staff from local agencies and participants at times and places to be specified. Where possible, educational programs will be initiated to inform the public about urban Canada Geese, the associated problems, and the efforts of this committee at addressing those problems. SECTION III - RESPONSIBILITIES Each party, represented on the Waterfowl Management Committee, as shown on Exhibit "A", and incorporated by reference herein, will share in the ongoing review of the programs carried out by WS. Each parry agrees that if necessary, an Oversight Committee will be appointed to monitor and report back to the general committee on a regular basis. Three members of the Committee will make up the Oversight Committee chaired by the City of Seattle representative. SECTION IV - COMPENSATION The total cost of the 2003 waterfowl management program shall not exceed Thirty eight thousand, five hundred dollars ($38,500). Each party shall contribute to the financial costs of the program as shown in Table I. SECTION V - TERM AND EXTENSION The Term of this Agreement is from January 1, 2003 to December 31, 2003. This Agreement may be extended in time, scope or funding by mutual written consent from all parties referenced herein. SECTION VI -TERMINATION This agreement may be unilaterally terminated by any of the parties referenced herein or Wildlife Services upon presentation of written notice to the Oversight Committee at least 30 days in advance of the severance date shown in Section V. Should termination of this agreement occur without completion of the egg addling, each party shall pay only its' pro rata share of any expenses incurred under the agreement at the date of the termination, and each party shall receive copies of all products resulting from the addling activities up to the time of the termination. SECTION VII - DELIVERABLE Wildlife Services will make every effort to conduct a 1,000-2,000 egg addling program. Field conditions or changing conditions may increase or decrease these numbers. Lethal control will be implemented as necessary and the total numbers are established by the U.S. Fish and Wildlife Service Permit. 2003. Participants will receive a report on the number of eggs addled and geese euthanized in SECTION VIII - FILING As provided by RCW 39.34.040, this agreement shall be filed prior to its entry and force with the City or County Clerks of the participating parties, the County Auditor and the Secretary of State, and, if found to be necessary, with the State Office of Community Affairs as provided by RCW 39.34.120. SECTION IX - LIABILITY Each party to this agreement shall be responsible for damage to person or property resulting from the negligence on the part of itself, its employees, its agents or its officers. No party assumes any responsibility to another party for the consequences of any act or omission of any person, firm, or corporation not at party to this agreement. 5 &(o EXHIBIT A WATERFOWL MANAGEMENT COMMITTEE PARTICIPANTS Cityof Bellevue............................................................................................................ Pat Harris Cityof Federal Way................................................................................Kurt Reuter City of Kent ................................. ...... ..........................................Rick Weiss City of Kirkland ................................................................................................. Mark Johnston City of Mercer Island................................................................................................. Greg Brown City of Mountlake Terrace........................................................................................Don Sarcletti City of Redmond ......................................... i* ......................................................... Teresa Kluver City of Renton .................................................................................................Terrence Flatley City of Seattle Department of Parks and Recreation .............................................Barbara DeCaro City of Seattle Department of Public Utilities ........................................................ Mike Bonoff City of Woodinville..............................................................................Brian Meyer University of Washington................................................................................ Charles Easterberg U.S.D.A. Wildlife Services ........................................................Mike Linnel/Keel Price U. S.D.I. Fish and Wildlife Service............................................................................Brad Bortner 6 &-1 TABLE I AGENCIES CONTRIBUT] City of Bellevue 2,930 City of Federal Way 2,930 City of Kent 2,930 City of Kirkland 2,930 City of Mercer Island 2,930 City of Mountlake Terrace 2,930 City of Redmond 2,930 City of Renton 2,930 City of Woodinville 2,930 Seattle Department of Parks and 4,600 Recreation Seattle Public Utilities 4,600 University of Washington 2,930 TOTAL $38,500 All checks will be made payable to the USDA -APHIS -ADC, earmarked for the Wildlife Services and sent to the following addresses: Mr. Roger Woodruff State Director Wildlife Services Program U.S. Department of Agriculture 720 O'Leary Street Northwest Olympia, Washington 98502 (360)753-9884 In case of procedural questions regarding this project, please contact: Maggie Rayls, Administrative Officer Wildlife Services Program (360) 753-9884 FAX: 753-9466 For questions regarding implementation of control measures and census, please contact: Keel Price (360) 337-2779 SECTION X. - SEVER.ABILITY ..If any section of this agreement is adjudicated to be invalid, such action shall not affect the validity of any section so adjudged. 7 G) —<� This agreement shall be executed on behalf of each party by its authorized representative. It shall be deemed adopted upon the date of execution by the last so authorized representative. This agreement is approved and entered into by the undersigned county and local government units, university and other private parties. City of Bellevue City of Renton By: By: Patrick Foran, Director of Parks and Community Jesse Tanner, Mayor Services Date: Date: City of Federal Way By: David H. Moseley, City Manager Date: City of Kent By: John Hodgson, Director Date: City of Kirkland By. David Ramsey, City Manager Date: City of Mercer Island By: Rich Conrad, City Manager Date: City of Mountlake Terrace B)r NameJTitle: Date: City of 5eaTac By: Calvin Hoggart, City Manager Date: City of Woodinville By: Donald D. Rose, City Manager Date: King County By: Craig Larsen, Director of King County Parks System Date: Seattle Department of Parks and Recreation By: Kenneth R. Bounds, Superintendent Date: Seattle Public Utilities By: Chuck Clark, Managing Director Date: City of Redmond University of Washington By: By: Rosemarie Ives, Mayor Karen VanDusen Date: Director of Env. Health & Safety Date: 8 &,� A 5.H CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: March 20, 2003 To: PRHSPS Council Committee From: Steve Ikerd, Property Services anager� Via: David Moseley, City Managei�,� Subject: Amendment to extend Myers Master Lawn Care contract Background: Myers Master Lawn Care has been providing landscape maintenance services to City Hall, Gateway Monument, Coronado, Heritage Woods, Lakota, and Wildwood Parks since May 2001, for an annual cost of $21,756.91, with a total for the 2 yr contract of $43,513.82 including tax. Recommendation: Staff recommends extending their contract for an additional one year for an annual cost of $22,418.36, which reflects a rate and tax increase since the last contract. The total for the three- year contract is $65,932.18. The legal department has reviewed this contract amendment. Committee Recommendation: Motion to recommend a "do pass" to full Council and authorize the City Manager to accept this amendment to extend the Myers Master Lawn Care contract for an additional one year for an annual cost of $22,418.36 and a grand total of $65,932.18 and place this item before Council on May 6, 2003. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member FIRST AMENDMENT TO MAINTENANCE/LABOR AGREEMENT FOR MYERS MASTER LAWN CARE This First Amendment ("Amendment") is dated effective this 1" day of May, 2003, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Myers Master Lawn Care, a sole proprietorship ("Contractor"). A. The City and Contractor entered into a Maintenance/Labor Agreement dated effective May 1, 2001, whereby Contractor agreed to provide park landscape maintenance at City Hall, Coronado Park, Gateway Monument, Heritage Woods Park, Lakota Park and Wildwood Park, located in Federal Way, Washington ("Agreement"). B. Section 18.2 of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to continue the Services described in Section l of the Agreement by extending the term of the Agreement and increasing the compensation paid to the Contractor. NOW, THEREFORE, the parties agree to the following terms and conditions: Term. Section 2 of the Agreement shall be amended to extend the term of the Agreement until April 30, 2004. 2. Compensation. Compensation. In consideration of Contractor continuing to provide the Services described in Section 1 of the Agreement during the extended term of the Agreement, Section 4.1 shall be amended to increase the compensation paid to the Contractor by an additional amount not to exceed Twenty Thousand Six Hundred Five and 11/100 ($20,605.11), and Washington State sales tax equal to One thousand Eight Hundred Thirteen and 25/100 Dollars ($1,813.25) for a total amount payable to the Contract not to exceed Twenty-two Thousand Four Hundred Eighteen and 36/100 Dollars ($22,418.36). The total amount payable to Contractor pursuant to the original Agreement and this First Amendment shall be an amount not to exceed Sixty -Five Thousand Nine Hundred Thirty -Two and 18/100 Dollars ($65,932.18). 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: ttcia A. kichardson, City Attorney CITY OF FEDERAL WAY David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 MYERS MASTER LAWN CARE By: Dennis Myers Its: Owner P.O. Box 1057 Enumclaw, WA 98022 360-802-2430 ;i-3 - 2 - [individual Notary) STATE OF WASHINGTON) ) ss. COUNTY OF On this day personally appeared. before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires H-4 - 3 - 5.I CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: March 20, 2003 To: PRHSPS Council Committee From: Steve Ikerd, Property ServicesManager Via: David Moseley, City Managek` Subject: Amendment to extend Facility Maintenance Contractors (FMC) contract Background: Facility Maintenance Contractors (FMC) has been providing landscape maintenance services to Adelaide, Alderdale, Alderbrook and English Gardens Parks since May 2001, for an annual cost of $20,221.32, with a total for the 2 yr contract of $40,442.64 including tax. Recommendation: Staff recommends extending their contract for an additional one year for an annual cost of $20,258.56, which reflects a tax rate increase since the last contract. The total for the three-year contract is $60,701.20. The legal department has reviewed this contract amendment. Committee Recommendation: Motion to recommend a "do pass" to full Council and to authorize the City Manager to accept this amendment to extend the Facility Maintenance Contractors (FMC) contract for an additional one year for an annual cost of $20,258.56 and a grand total of $60,701.20 and place this item before Council on May 6, 2003. APPROVAL OF:COMMITTEE REPORT. Committee Chair Committee Member Committee Mein&' ' 1-1 FIRST AMENDMENT TO MAINTENANCE/LABOR AGREEMENT FOR FACILITY MAINTENANCE CONTRACTORS This First Amendment ("Amendment") is dated effective this V day of May, 2003, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Facility Maintenance Contractors, a Washington Corporation ("Contractor"). A. The City and Contractor entered into a Maintenance/Labor Agreement dated effective May 1, 2001, whereby Contractor agreed to provide park landscape maintenance at Adelaide Park, Alderdale Park, Alderbrook Park and English Gardens, located in Federal Way, Washington ("Agreement"). B. Section 18.2 of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to continue the Services described in Section 1 of the Agreement by extending the term of the Agreement and increasing the compensation paid to the Contractor. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Term. Section 2 of the Agreement shall be amended to extend the term of the Agreement until April 30, 2004. 2. Compensation. Compensation. In consideration of Contractor continuing to provide the Services described in Section 1 of the Agreement during the extended term of the Agreement, Section 4.1 shall be amended to increase the compensation paid to the Contractor by an additional amount not to exceed Eighteen Thousand Six Hundred Twenty and 00/100 ($18,620.00), and Washington State sales tax equal to One thousand Six Hundred Thirty -Eight and 56/100 Dollars ($1,638.56) for a total amount payable to the Contract not to exceed Twenty Thousand Two Hundred Fifty -Eight and 56/100 Dollars ($20,258.56). The total amount payable to Contractor pursuant to the original Agreement and this First Amendment shall be an amount not to exceed Sixty Thousand Seven Hundred Forty - Five and 68/100 Dollars ($60,745.68). J --L- 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: \ "\' '�" '2�'f y 4�� Pat 'c'a A. Aichardson., City Attorney CITY OF FEDERAL WAY David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 FACILITY MAINTENANCE CONTRACTORS Un 7-3 Patrick Krier Its: Vice President 1018 W. James Street Kent, WA 98032 253-854-4000 - 2 - [Individual Notary] STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 5200. _ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Z'N - 3 - 5.J City of Federal Way Parks, Recreation and Cultural Services Department MEMORANDUM Date: April 3, 2003 To: PRHSPS Council Committee From: Steve Ikerd, Property Servicesnager Via: David Moseley, City Manager tm Subject: Dumas Bay Centre, Roof Maintenance System, Final Acceptance and Release of Retainage Background On September 17, 2002 Council approved to contract with Commercial Industrial Roofing Inc "CIR " in the amount of $53,199.94 to repair the complete roof system at Dumas Bay Centre. The contractor completed the work within the contract period and within budget. Prior to release of Retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Recommendation Staff recommends the PRHSPS Council Committee to place the following recommendation on the May 6, 2003 Council Consent Agenda: To accept the Dumas Bay Centre, roof maintenance system contract as complete and authorize staff to release retainage. The amount of retainage to release to Commercial Industrial Roofing Inc. is $2,371.10 Committee Recommendation Motion to place this item on Councils May 6th consent agenda with a "do pass" recommendation to accept the Dumas Bay Centre, roof maintenance system contract as complete and authorize staff to release retainage. The amount of retainage to release to Commercial Industrial Roofing Inc. is $2,371.10 Committee Chair Committee Member Committee Member s -i 5.K City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: April 14, 2003 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne E. Kirkpatrick, Chief of Policel,� Via: David Moseley, City Manger w - Subject: Valley Special Response Team Background: King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has strained resources of the members' individual police department specialty teams. Pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and The Port of Seattle, for Creation of the Valley Special Response Team. This agreement allows the above agencies to establish and maintain a multi jurisdictional team to effectively respond to serious criminal occurrences. Committee Recommendation: Motion to approve and accept this request for an Interlocal Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and The Port of Seattle for the creation of the SRT, and forward to full Council for consideration at its May 6, 2003 meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi -jurisdictional team to effectively respond to serious criminal occurrences as described below. IV. FORMATION There is hereby created a multi jurisdictional team to be hereafter known as the "Valley Special Response Team" ("SRT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has strained resources of the members' individual police department specialty teams. Law enforcement efforts directed at dealing with these violent confrontations have, for the most part, been conducted by law enforcement agencies working independently. A multi -jurisdictional effort to handle specific serious criminal confrontations, as well as weapons of mass destruction, will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a VALLEY SPECIAL RESPONSE TEAM 1 OPERATIONAL AGREEMENT �!� combined special response team. The results of a multi jurisdictional effort will be improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the SRT. The SRT shall service each participating jurisdiction. The SRT shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the SRT shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The SRT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high-risk incidents. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the SRT by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The SRT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. Vlll. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. There shall be a minimum of four (4) Board meetings each year. One meeting shall be held in March of each year to review the prior year's service. Another meeting shall be held in August of each year to review and present a budget to the participating jurisdictions. At least two (2) other meetings shall be held each year to review the SRT's activities and policies. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours notice of all meetings to all members of the Board; PROVIDED, VALLEY SPECIAL RESPONSE TEAM 2 OPERATIONAL AGREEMENT 5 however, that in emergency situations, the presiding officer may conduct a telephonic meeting or poll of Board members to resolve any issues related to such emergency. The Board shall develop SRT written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement. The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. 1X. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute seven (7) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT. Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT. The legal advisor(s) shall be the legal representative(s) for one or more of the jurisdictions participating in the SRT. The legal VALLEY SPECIAL RESPONSE TEAM 3 OPERATIONAL AGREEMENT advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. X11. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of the SRT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any SRT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution in proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution. VALLEY SPECIAL RESPONSE TEAM 4 OPERATIONAL AGREEMENT t `,�S Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with SRT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or payment of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the VALLEY SPECIAL RESPONSE TEAM 5 OPERATIONAL AGREEMENT sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. VALLEY SPECIAL RESPONSE TEAM 6 V'--1 AGREEMENT XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. COMPLIANCE WITH THE LAW The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. XVI. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XX of this Agreement. XVII. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XVIII. FILING Upon execution hereof, this Agreement respective participating municipalities, the County, the secretary of state, and such required by law. XIX. SEVERABILITY shall be filed with the city clerks of the Director of Records and Elections of King other governmental agencies as may be If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. VALLEY SPECIAL RESPONSE TEAM 7 OPERATIONAL AGREEMENT_ XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn City Clerk, City of Auburn Mayor, City of Renton Date City Attorney, City of Auburn Date Date City Attorney, City of Renton City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle P:1OIv01FB.ES%O",F0.tW70619WATJ Wdw.lAS,R, • d l,,dD, R VALLEY SPECIAL RESPONSE TEAM 8 l� OPERATIONAL AGREEMENT Date Date Date Date Date Date 5.L City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: April 14, 2003 To: Parks, Recreation, Human Services & Pli,cS'afety Council Committee From: Anne E. Kirkpatrick, Chief of Polic �f`" _ Via: David Mo ey, a er Subject: Special Olympics ashington Background: The City of Federal Way Department of Public Safety requests approval to create A Resolution of the City Council of the City of Federal Way, Washington, to endorse the Washington Association of Sheriffs and Police Chiefs to designate Special Olympics Washington as an Official Non -Profit Charity Organization. The City Council of the City of Federal Way, Washington, supports the ideals and principals of the Special Olympics Washington, and desires to endorse the Washington Association of Sheriffs and Police Chiefs fund raising efforts. Committee Recommendation: Motion to approve and accept this request for A Resolution of the City Council of the City of Federal Way, Washington, endorsing the Washington Association of Sheriffs and Police Chiefs designation of Special Olympics Washington as an Official Non -Profit Charity Organization, and forward to full Council for consideration at its May 6, 2003 meeting. APPROVAL OF COMMITTEE REPORT:, Committee Chair Committee Member Committee Member L-1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ENDORSING THE WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS DESIGNATION OF SPECIAL OLYMPICS WASHINGTON AS AN OFFICIAL NON-PROFIT CHARITY ORGANIZATION. WHEREAS, the Washington Association of Sheriffs and Police Chiefs have designated Special Olympics Washington as the non-profit charity organization to support; WHEREAS, the City Council of the City of Federal Way, Washington, supports the ideals and principals of the Special Olympics Washington, and desires to endorse the Washington Association of Sheriffs and Police Chiefs fund raising efforts; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Endorsement of Special Ol ry_npics Washington. The fund raising efforts of the Washington Association of Sheriffs and Police Chiefs for the Special Olympics Washington is hereby endorsed by the City. Section 2. Severability . If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. # , Page 1 L-2- Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2003. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Breso\special olympics rev. 9/5/02 Res. # , Page 2 L-3 5.M City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY To: Parks, Recreation, Human Services & Public Safety Council Committee From: Arnie Kirkpatrick, Chief of Police Via: David Moseley, City Managed,0 Date: April 14, 2003 Subject: Purchase of Storage Trailer for Traffic Cones Background: To provide Emergency Vehicle Operations Course (EVOC) Training to police officers, the Department purchased several thousand dollars of traffic cones in 2002. The traffic cones are currently being stored in Building C. This room is also used by the Firearms Unit, Records and is also used as a drying room for evidence. The storage area is inadequate to serve all these functions. The traffic cones are consistently moved around to gain access to other equipment within the room. When transporting the equipment, the EVOC Team has to use a truck to move the cones and this requires at least an hour to load the equipment using three officers. In addition to overtime cost, valuable time would be lost in the event of a major incident in which traffic cones are required. The purchase of a storage trailer will reduce the overtime costs to the Department and the constant hassle of moving the cones to accommodate other units within the Department. The total purchase price for the 6 x 12 storage trailer is $3,173.70. The source of funding will come from the Traffic Account. The maintenance and operational cost associated with the purchase is $400 per year. The life expectancy of the trailer is about 15 years, which places the replacement reserves at $350 per year (inflation built in). An existing vehicle with a hitch system will be used to tow the trailer. Replacement reserve for 2002 will be funded from the Traffic Account and the remaining years from the Public Safety Budget. Start-up Costs: The cost details are attached. The following table summarizes the costs and identifies the funding sources. The total city fund needed for this acquisition is $3,173.70. Committee Recommendation: Motion to approve the purchase of the Storage trailer and authorizing the purchase of the trailer will cost the city $3,173.70 from the Traffic Account. There will be savings in overtime costs in the upcoming years as a result of this acquisition. Please forward to full Council for Consideration at its May 6, 2003 meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee) -Iemhcr C6mrnittee M I/Projects/EVOC Trailer purchase