Loading...
PRHSPSC PKT 11-12-2002City of Federal Way CITY COUNCIL PARKS-10,CREATION, HUMAN'. SERVICES & PUBLIC SAFE PY COMMITTEE Tucsday, November 12, 2002 City hall 4:00 p.m. Mt. Baker Conlbrcncc Room 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF OCTOBER 14, 2002 SUMMARY 5. COMMITTEE BUSINESS A. Human Services Budget Proposal B. Seattle & King County Public Health WIC Healthy Habits Grant Authorization C. Capital One Services, Inc., Donation to Federal Way Police Department. D. DUI/Seat Belt Overtime Funding for the "Drive Hammered - Get Nailed" Campaign 6. PENDING ITEMS • Internet Safety 7. NEXT MEETING — December 9, 2002 8. ADJOURNMENT Action Assefa-Dawson Action Faber Action Kirkpatrick Action Kirkpatrick Committee Members: Staff: Linda Kochmar, Chair Jennifer Schroder, Director Mary Gates Mary Jaenicke, Administrative Assistant Mike Park 661-4041 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, October 14 Summary Page 2 directly into their laptop. The department is requesting that the Council accept the grant. Council member Park asked that if this was one-time funding, how would we support the annual maintenance and operation costs of $25,000? City Manager Moseley stated that the on-going costs would be absorbed into the current operating budget. Chief Kirkpatrick will verify the budget information with Iwen and provide an update at the Council meeting. Council member Gates asked if the cellular airtime costs were additive to existing airtime costs or if they are in full airtime costs. Could we package this better for a better price and receive some economies? Council member Gates also asked if we have a sinking fund for the equipment itself, and whether we have a plan for that. Chief Kirkpatrick will check on that and will respond during the budget deliberations this week. Gates moved to recommend to Council a "do pass" to approve acceptance of the COPS More 2002 award in the federal amount of $138,900.00 and local match in the amount of $46,300.00, for a total award amount of $185,200.00, and approval for purchasing authority as referenced in the Budget Summary, and forward to full Council for consideration at its November 5, 2002 meeting. Park Seconded. Motion passed. Interlocal Agreement and Release / Disclaimer of Liability for Use of Shooting Range Kirkpatrick stated the City of Kent asked the Public Safety Department to enter into this Interlocal Agreement for when the Department uses the City of Kent's firing range, and liability concerns associated with the firing range. Kirkpatrick stated the Department does not use the Kent firing range often. Council member Gates asked if the City Attorney, and our insurance provider reviewed agreement? City Attorney Pat Richardson affirmed both City Attorney and our insurance provider reviewed the agreement. Council member Park asked if we used the City of Auburn's firing range since we had an Interlocal agreement with the City of Auburn at one time. Chief Kirkpatrick stated that we did use the City of Auburn's but that we currently go to Renton's firing range for qualifications. Chair Kochmar asked if the Mayor or the City Manager should sign agreements. Who are we authorizing to sign? Some are signed by the City Manager and the Mayor signs some. City Attorney Richardson stated that we authorize the City Manager to execute a contract and the Mayor signs resolutions and ordinances. Council member Gates moved to approve the City of Federal Way and the City of Kent's Interlocal Agreement and Release / Disclaimer of Liability for use of Shooting Range, and to authorize the City Manager to execute the contract on behalf of the Council, and to forward to full Council for consideration at its November 5, 2002 meeting. Park seconded. Motion passed. King County Jail Services Contract The two contracts on the agenda are somewhat related. King County has determined that it wishes to reduce and ultimately eliminate the use of County jail facilities by the cities' misdemeanant inmates. As a result, we are moving on to Yakima. Page A-2 of the agenda highlights the terms of the contract with King County. The City Manager stated that this is a transitional contract. The County has determined that they do not wish to build a third jail and that they will run out of capacity in the two current jails the County operates. Due to these major reasons, this contract transitions incorporated cities out of the use of the King County system for misdemeanant inmates, and requires cities to have contracts with other cities. The City of Federal Way has five contracts with jails (King County, Fife, Okanogan, Yakima, Chelan, and we are looking at a sixth contract with Benton County). Council member Park asked if King County was charging a booking fee. City Manager Moseley responded that King County would continue to charge the booking fee of $115 in addition to the maintenance day rate for a total of $158. These two fees continue to increase 5.8% annually. Council member Park also questioned whether we would be able to meet the 90% of the 440 -bed requirement in Yakima. City Manager Moseley advised the committee that we would manage this closely, and that we anticipate meeting that requirement. Council member Gates suggested that we continue to search for alternative ways for punishment, because ultimately we as a City would not be able to afford these escalating contract prices. Council member Park asked about item number 6 — Transfer of Property, and whether the City of Bellevue was going to build their own jail. City Manager Moseley responded that this is property that was purchased when the Kent facility was built and it was purchased with the same bond issue. The intent was that King County build a third facility on the east side, however, King County is not going to build a third facility. That property should be transferred to the cities that need to find alternative ways to house prisoners. There will be an Interlocal agreement between Bellevue (since the property is located in Bellevue, and Bellevue does not want a facility in their city), and the other participating cities to use the proceeds from the sale of the property for some other type of facility. The assessment on the property is about $3.5 million. Chair Kochmar had some administrative matters to discuss. Page, A 16, 13.10 will be filled in by each city. On page A27, the Intergovernmental Land Transfer Agreement, is referring to Exhibit B, however Exhibit B is not created yet. It will be between King County and the City of Bellevue when the transfer of property actually occurs. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, October 14 Summary Page 3 Park moved to authorize the City Manager to execute the King County Jail Contract on behalf of the Council, and forward to full Council for consideration at the October 15, 2002 Council meeting. Council member Gates seconded. Motion passed. (Council member Gates needed to leave at 4:30 p.m.) Signed those business items Gates was in attendance for. Addendum to Yakima County Jail Contract In June of this year, Council approved a contract with Yakima County. Yakima County then notified the cities that they needed to revise some of the terms of the contract, specifically items B2 and B3. Council member Park suggested that since we had a lengthy discussion on jail contracts that no staff presentation was needed. Council member Park moved to approve the Addendum to the Interlocal Agreement Between Yakima County and the Cities, and to authorize the City Manager to execute the contract on behalf of the Council. Please forward to full Council for consideration at the October 15, 2002. meeting. Chair Kochmar seconded. Motion passed. Purchase of Plants for Dumas Bay Centre Renovation Project Jennifer Schroder introduced B. Sanders to the Council Committee members. Sanders stated that this is an action item that consists of purchasing plants for the Dumas Bay Centre renovation project. The construction contract was awarded about a month ago. It was decided that the purchase of plants would be separate from the construction contract, because the cost would be significantly lower if the City would purchase the plants separately and have the contractor install the plants. Council member Park suggested that this was straightforward and that staff presentation would not be necessary. Chair Kochmar asked Sanders to clarify bow the cost was derived. Council member Park moved to recommend to Council a "do pass" to accept Pacific Plants, Inc. of Issaquah, WA., as contractor to provide plants for the Dumas Bay Centre Restoration Project at a total bid amount of $46,000.08, which includes Washington State Sales Tax, and to place this item before Council on October 15, 2002. Chair Kochmar seconded. Motion passed. 2002-2003 Youth Commission Work Plan Aaron Moe presented the 2002/03 work plan for the youth commission. Aaron pointed out the new activities this year as follows: an inter -generational program which would create more interaction between youth and the senior population; the talent show would highlight musical groups this year, such as choruses, etc. rather than just individual participants; the Non-profit Organization Committee will focus more on those organizations that focus on youth, however those organizations have not been identified at this point; and the Special Events Coordination which intends to rally the junior and high school teens to rally their friends to give back to the community, via special events volunteers. Council member Park suggested that perhaps we could interview the new Youth Commission members earlier in the year since the term is September 1 through August 31 annually. Moe stated that there are fewer activities in July and August and traditionally the Youth Commission does not meet in the summer. Council Park suggested that we interview the new members in June for the next term. Barbara Reid suggested that the Youth Commission could assist with the Battle of the Bands, a Family Fest project in August. Council member Park moved to recommend to Council a "do pass" to accept the 2002/2003 Youth Commission Work Plan, and place this item before council on November 5, 2002. Chair Kochmar seconded. Motion passed. 2002-2004 Skyhawks Sports Academy, Inc. Contract John Hutton stated that the Parks, Recreation and Cultural Services Department has contracted for youth sports camps with Skyhawks Sports Academy, Inc. since 1992 and that he would like to continue the relationship. Council member Park asked what the gross receipts collected from these camps was. Hutton stated that the gross receipts are just under $35,000 annually and that the City gets 10% of that amount. Council member Park asked what the effective date of the contract was. Schroder advised it was the beginning of this year, however we had not been invoiced so we were not in violation of audit, and that this was just a housekeeping issue. Chair Kochmar suggested that Bob Sterbank's name be removed on page E8. Council member Park motioned to recommend to Council a "do pass" to accept the 2002/2004 Skyhawks Sports Academy, Inc., contract, and to authorize the City Manager to execute the contract on behalf of the Council. Please place this item before Council on November 5, 2002. Chair Kochmar seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, October 14 Summary Page 4 Install of Sports Lighting at Lakota Park Acceptance and Retainage Schroder stated that two lights were installed at Lakota Park soccer field, as part of the CIP project and that work was conducted within the contract amount. Schroder is requesting that Council Committee accept the contract as complete so the process of retainage release can begin. Council member Park motioned to place this item on Council's November 5" consent agenda with a "do pass" recommendation to accept the Sports Lighting at Lakota Park installation contract as complete and authorize staff to release retainage. The amount of retainage to release to T. Miller Construction is $2,370.00. Chair Kochmar seconded. Motion passed. Sewer Easement Request / The Point at West Campus II Mr. Richard Nevitt requested a sewer easement across a section of park open space. The Parks and Recreation Commission reviewed this request at its October meeting and recommended the city grant the request, provided there are no restrictions to crossover the easement. Council member Park asked what the fair market value of the easement is. Schroder responded that value is $1,000 for the 1,600 square feet. Council member Park motioned to recommend to Council a "do pass recommendation to authorize the City Manager to grant the sewer easement requested, provided no restrictions are placed on the agreement for the public to cross the easement and for the developer to pay a fair market value for the easement, and place this item before full Council on November 5, 2002. Chair Kochmar seconded. Motion passed. Amendment of Section 11-83, Prohibiting Storage of Personal Property on Parks and Open Space Property The City currently prohibits people from depositing refuse and litter on parks and/or open space property. It has come to our attention that we do not have anything to prevent citizens from storing personal property on parks and/or open space property. This is a proposed amendment that would allow staff to take civil enforcement action should someone not wish to remove their property. Council member Park motioned to approve the proposed amendment to Section 11-83 of the Federal Way City Code prohibiting the storage of personal property on parks and/or open space property, and forward to full Council for consideration on November 5, 2002. Chair Kochmar seconded. Motion passed. Code Amendments Updating Chapter 6, Criminal Code; Chapter 9, Licenses and Business Registration; and Chapter 15, Traffic and Vehicles Chief prosecutor Aaron Wall stated that the Washington State Legislature has updated state codes related to criminal activity and that it is in the best interest of the City to update our code to be more in accordance with state law to ensure more consistent and effective enforcement and prosecution of criminal activity within the City. Additionally, the Legislature created some new misdemeanor crimes. Chair Kochmar asked for clarification on the restitution authorized as a condition of sentence. Wall explained that the statute requires that when a person causes the city or government to expend money in response to a DUI accident, for example, that person after conviction, must repay the responding city or government. The repayment is processed through the court as part of the sentence or the City could seek restitution civilly. Council member Park motioned to approve the amendments to the Federal Way City Code, Chapter 6, Criminal Code; Chapter 9, Licenses and Business Registration; and Chapter 15, Traffic and Vehicles, and forward to full Council for consideration at the November 5, 2002 City Council meeting. Chair Kochmar seconded. Motion passed. Reschedule November 11 PRHSPS Meetine November 110' is Veterans' Day holiday. We would like to move the next meeting to Tuesday, November 12d' at 4:00 pm. in Mt. Baker Conference room. Chair Kochmar confirmed there is no Council meeting so Tuesday, November 12' should be fine. OTHER Food Bank is actively recruiting for Companies to place food barrels out for employees to donate. The Food Bank will deliver and pick up the barrels if the Companies would adopt a barrel. PENDING ITEMS • Internet Safety • Blueberry Farm / Pea Patch • Asking Ron Sims to put in another $580K in the budget for Human Services County -wide NEXT MEETING November 12, 2002, 4:00 p.m. in the Mt. Baker Conference Room ADJOURNMENT Meeting adjourned at 5:02p.m. 5.A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: November 1, 2002 ti From: Lydia Assefa-Dawson, Human Services Manager Via: David Mo anager Subject: 2003 General n s commendation for Human Services Background After months of review, deliberation process and a Public Hearing, the Human Services Commission is forwarding a recommendation for the 2003 funding for Human Services to the. Parks, Recreation, Human Services and Public Safety Committee for its review and recommendation to the full City Council for approval. For the 2003-04 funding cycle, the City received applications from 31 agencies representing 47 programs, which totaled $718,000 in request. The City has $412,500 in the proposed budget for funding these programs, which is 57% of the requested amount. In addition, the City has funds from Employee contribution and Defendant Deferral in the amount of $33,338 year-to-date (Attachment 1), for a total of $445,838. The Commission's recommendation will remain the same for 2004, unless there is a change in the funds available or delivery of services for 2004, at which point the commission will come before this Committee with a recommendation. This year, the Commission was faced with greater challenges than ever before. With a tough economy, high unemployment rate, reduction in child-care subsidy, and the County's proposal to pull out of. human services, it will be difficult for agencies to meet the increasing demands of those who need the services and the diminishing resources. King County Executive is proposing to cut Human Services by 50% in 2003 and eliminate the remaining 50% in 2004. The impacts of this proposal and other State and Federal Funding on the agencies could be significant. The following chart summarizes the requests received and the amount recommended in the four Council Goal areas. Council Goals 2002 Funding 2003 Request 2003 Recomm. Contingency plan 1) Basic Needs $166,000 $202,957 $176,650 $2,000 2) Public Safety $217,000 $359,737 $178,690 $12,000 3) Self -Sufficiency $46,500 $97,672 $48,000 $0 4) Strong N'Hoods 1 $11,000 1 $58,0001 $9,159 $10,000 TOTAL: 1 $440,500 1 $718,366 1 $412,500 $14,000 Funding Recommendation As stated above, the Human Services Commission has a funding recommendation totaling $445,838 (Attachment 2). These funds come from 3 funding sources: City's General Funds: $412,500 Employee Donations: $2,892 Defendant Deferral: $30,446 TOTAL: $445,838 K-1 Human Services funding recommendation November 1, 2002 Page 2 Additionally, the Commission has a contingency plan in the amount of $14,000 to fund 3 programs that are not in the original recommendation and to fully fund 1 additional program. The funds for the contingency plan will come from employee donation and defendant deferral between now and the end of the year. Committee Recommendation 1. The Committee recommends approval of the 2003-04 Human Services Commission's general fund recommendation including employee donation and defendant deferral in the amount of $445,838, with a contingency plan of up to $14,000 based on donations collected between now and the end of the year. This recommendation is forwarded to the full City Council for approval on December 3, 2002. 2. The Committee recommends approval of the 2003-04 Human Services Commission's general fund recommendation including employee donation and defendant deferral in the amount of $445,838, with a contingency plan of up to $14,000 based on donations collected between now and the end of the year. The committee makes the following modification(s): This recommendation will be forwarded to the full City Council for approval on December 3, 2002. �, r � �' �'�"�,,, fl�a{syilt�w.{^kw AryP RO1/ LiOF;O1Vl � rva °w�a EP RTS A �� firy �" '�` . Committee Cf�lir� �mmittee „ erihber wy;,. �° riit..�nbi~ IN -2- G LL N d v co E L U - LL 4) S 0 0 N U a 0 0 N O Cl N V\`:5 U N N W Q 0 0 0 0 'IT v W) 00 N M FA 4t 0 0 C> rn C> O N 69 O G 0 :3 o o U U � U I.. Cc Q33 0 N o C .`7 Q7 O O O O O O o 0 0 0 Cl lzT s9 coq sv 00 N O O O p SOC' 00 d' M M N O M (fi M M (A (f3 O If O O O N (0 O N (0 � r r V' O If a � L M C) O 000 0) CDP O O ti o 603, CD O 000 (O r - 613� O (a �:3y V O N N - O O O_ O N M _i OD 61, 0) Ull N O � O N O O rr (0 is O N OD O O 69 O N 04 (O O N C a) O ca � C Q W N � F�- V\`:5 U N N W Q 0 0 0 0 'IT v W) 00 N M FA 4t 0 0 C> rn C> O N 69 O G 0 :3 o o U U � U I.. Cc Q33 0 N o C .`7 Q7 O O O O O O o 0 0 0 Cl lzT s9 coq sv 00 N N o t- 2 a W o � w v O Q a W 0 Z_ 2i Z LL O O N Cl) 0 O N V\` h m m Z v �o m W O 0 O) N W o 0 O O 0 0 O O 0 0 0 0 O O `oo O E9 ` b 00 t� n UO N o M v )O N c 69 N n M 4Y N O W M 69 O 69 m EA O Cl) 69 to V) V fA V O O O to vy`. O pj O t. O t0 H O) N W o 0 O O 0 0 O O 0 0 0 0 O O `oo O E9 ` b Gs �' °T N o s2 O 6 9 M O M 69 c 69 N d9 M 4Y N O W O vs O O O to vy`. O pj O t. O t0 )O �p CO vi mCO 69 H 69 6H 69 Vf to O) N W o 0 O O 0 0 O O 0 0 0 0 O O C U') EA O E9 O O V) E9 M 69 OOD r fA O -c fA N 69 O 6 9 M O M 69 c 69 r fA d9 M 4Y N O W O O O O to O O O t0 )O CO vi mCO 69 H 69 6H 69 Vf to O O V O O) O O O O O O N O O O O O O O 00 M )O cl O N O O V O M <O O O'47 10 M M h 69 fA 49 U! 69 69 V).fA V). 69 69 6A b9 a9 m a o N i U 7 N m m m J m m h m N O G m # H 7 O O S U U LL (n fn Z O m C W O V j O C N C U C C m OC _ m m O 1--i - "' O m L J m m = L m g O ro m 'y C M O 2 p) c m E w w m o O w .Q F o Q r .0 Y -C r 'C C m C m Q) C C Y 7 0 E C Y 7 O E m U !O O O O C m U C m U 7 E N 7 E n o E h� U 7� U 7 m E o m p m .4 v 7 w 2 Y N v Y N U Y v v m o 00 E m 0o E m— 2umivufOiUT`�U O— O LL, Z U Z m O w 2 m2 mZ v Z Z U 2 U Z C) Z x 2 c O m m e T L (n � (n ` u) iii to U m U m U m Y C« C m 21 > > 0 c6 0a1Oi ami ami ._ ._ OE of `)� °) m��0 C 75 � m U m U m U E W m l4 U� ` la U M (D N Y Y U LL )N Ir- M z O Q 0 z u O U w N � m c z a a` O z N LL L O_ m O A — N d v :n M Q O O N a a c ao m = M o LL O m — t0 L N a � 60 Q H a — C m L Lq p O a tto Q m E E m o 2U N 4 - LL LL O m (U m E x a+� ml0 U_ M 3 a N R O Z Oo O F- V O O O co f� C) O 0 O O J, 0 O (O 0 O / 0 00 O _ O) O O M M O 64 Vi V O N O 6H O Q O O O O O O fiq Vi Vf M N O O O O N O O 6 N C) C) OO h O O N O 6 O O O 0 r 6 O M O V� in in N V) )O in iso Vi V) fA U) M Vi V) ww Vf N 69 V) 69 wLO 40 Oo O F- V O O O co f� C) O 0 O O J, 0 O (O 0 O / 0 00 O _ O) O O M M o. 64 Vi V 00 N O 6H O Q O O O O O fiq Vi Vf M N Oo O O 0 O O co f� C) O 0 O O J, 0 O (O 0 O / 0 0 O 0 O 0 O C. O o. O 0) V 00 N O O Q O O O O _: OO(0O O OOO00 O m O O N N 6 N O. OO h O O N O 6 O 0 r 6 O M 0 b V� in in '� V) 69 in iso Vi V) fA V) M Vi V) ww Vf to wLO w Oo O O 0 O O co f� C) O 0 O O o O 0 O (O 0 O 0 O 0 0 O 0 O 0 O C. O P- O O V 00 N O O Q O O O O O 00 O O O O O O N V N N 6 N O M h Z O N O V N 6 M O 0 r 6 6 O M 0 b V� 69 69 '� V) 69 V) V) Vi V) fA V) M Vi V) V) Vf O O O O O O O O O O O O O O O O CD O )O O O N M O M 69 O Cl)co G9 co LO O O FA N Cl) V) V) V) E9 Vl V) Vi G9 O O O O O O O O O O OO O O O O O O O O O O O O O O O aj in 6A O_ W b M 63 t2 M 69 O co 6 V) W O a1 tz O N 69 6A Vi 69 - Vn iA 69 M c c Em E c y w o �' N m oaf c # U O 0) d LL N Y m L m O Y (D (n m 0 O r 0— 0 m U m f0 C m c a J (D (0 m> = cn m C 0 m> c yam m -- m> U 0 0 n3>n O C7 a W o U) T p N -E m Q T c m T: U 7 @ p m o (-% > m c Y m— o O E (n m m U J J p E C L O. m m R o O g "m (� U > d p t � m hU m m LL 7 TJ m E O > H d Q "- m d � Q d y E 4 0 m m> O (D ,mc Q U LL po ~❑ r U O m N N 7 oY .6 '6 6 1 N m C T T a� C m N E N m (� > C o N y `m y O) - O) - 0) - C) - LL Z m m m m U c u O U T U o > i L C as y N E C m - N > Q m C m C (D o C C a) N C C 4) o C C m .4 C C as m (n = E y E m U m CL c > m o > o O LL mopes EU ID x U o o� O o m O > o 00 O >: m S— o "O U .L-. ~ C 0-0- E Q m (.� j 0 Z E m j � OmUYT_ NCm m OO @ -N LO U Qm Zm m cc C) m O O «. p>Cy O _Q CO m m 0 Q O m m 0 UU U UUVmJ U0 U7 UUmNm UC U m 0 O) Q' Y m Q pU W 10 1 LL > > > > f\-5 L9 V ==o o L cr> w LL ao m — 40 a w Q w V c o 0 LL n L - .D o d y N Q E 0 i O Nw m N E M 0 8 ~ 0 10 cq> 00 C) o 0 0 o 0' C O 613. 0 N fA 0 �i n 0 O fA m O o N � 69 p, � CO 60 0 o r N v O 0 N. C3 uq Iq V C m 3 U) v- ro N l6 O 0 8 ~ 0 10 cq> 00 C) o 0 0 O 0' C O 613. 0 N fA 0 2 u9 N 49 0 O fA m O o N � 69 p, � O 0 0 o r N v O 0 N. C3 ' Iq CA M C N 16 E N fA fA m m fig 60 41 O 0 O 0 OO 00 V C m 3 U) v- ro N l6 O 0 o 8 ~ 0 10 cq> 00 C) o 0 0 0 0' C O 613. 0 N fA 0 2 u9 N 49 0 O O O O o N � 69 p, � O 0 0 o r N O 0 N. C3 ' Iq CA M N 16 E N o 8 ~ 0 10 cq> 00 C) o 0 0 0 0 C O 613. 0 N fA 0 2 u9 N 49 O f» fh f» b4 O t �j � 69 6 69� O W. n 44 0 0 o r N O 0 C3 ' Iq O M N 16 E N fA fA m 59 fig 60 41 O 0 O 0 OO 00 o O N m m c0 fA Cl) f9 O (7 c N f9 t0 fA �` d) V N N m m w W v E O H Cl) at U O L >O) > N U Q N N U w N 16 V U rn> m C m o n C O r C U w L m E <> EOU No W m N R N O .a Q F (a O J F U Y a m J E o O F 7 U 3 0 7 O U U — Y `m T ELL c m 00 m C m �!S G1 E E N N U C C O rn •� d V W W U _ L 2U 0 U - ZLL o c� 0 O m w w m 000- U N m d n_ t c Q m as U > Q U U U G o, Y Y min d 0 0 0 0 o O C C 0 0 0 C O 613. O CO N fA O v) 2 u9 N 49 0 0 C. C H 6 r N O 0 O 0 O 0 H r N E N of O m o d c 41 ro m R � m m O t x O (7 c Q U m m W v O H v E Y ►- L U O U N d)U m C m N C f6 r C U w L m E <> EOU `N @ W m U O U a U d �ol m L U C m 7 O O O Cl) c 0 v `E E 0 m 0 0 0 u Q U) 0 O 0 cV O O � c`v Z m O (D W E (D 2: >o m U d' Y fN—U 5.B CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: November 4, 2002 To: PRHSPS Council Committee From: Mary Faber, Recre tion and Cultural Services Superintendent Via: David e e anager Subject: Seattle & Ki Coun Public Health Women Infant Childre (WIC) Healthy Habits Grant Authorization Background The Parks, Recreation and Cultural Services Department would like to enter into a two- year Interlocal agreement with Seattle & King County Public Health which would allow us to receive funds from Women Infant Children (WIC) Healthy Habits grant money to provide recreation services to people in the Federal Way community who might not otherwise be able to afford to register for our programs. Our department would receive a maximum of $2,000 between now and December 31, 2003, depending on how many clients register for our programs through this grant. 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 authorize the City Manager to accept this agreement, and to place this item before Council on November 19, 2002. APPROVAL OF COMMITTEE REPORT': Committee Chair Committee Alember Commiltec Member —6— King County Contract No. D31543D Federal Taxpayer ID No. Department/Division Seattle -King County Department of Public Health aka Public Health -Seattle & King County Agency Federal Way Parks, Recreation and Cultural Services Project Title WIC Healthy Habits Project Contract Amount $ 2,000.00 Fund Code WIC Contract Period From: June 1, 2002 To December 31, 2003 KING COUNTY AGENCY SERVICES CONTRACT - 2002 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Federal Wav Parks, Recreation and Cultural Services, whose address is 33530 1st Way South, Federal Way, WA 98003, (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 FEDERAL FED WIC FDA REV QUAL $1,000.00 6/1/02 to 12/31/02 $1,000.00 1/1/03 to 12/31/03 TOTAL $2,000.00 6/1/02 to 12/31/03 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 14265. This form is available in alternate formats for people with disabilities upon request. 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: 2002 AGENCY SERVICES BOILERPLATE -PH Page 1 of 22 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: Scope of Services Attached hereto as Exhibit I Invoice Attached hereto as Exhibit II Form W-9 Attached hereto as Exhibit III Certificates of Insurance/Endorsements Attached hereto as Exhibit IV 504/ADA Assurance of Compliance Attached hereto as Exhibit VII DURATION OF CONTRACT This Contract shall commence on the 1st day of June 2002, and shall terminate on the 31 st day of December 2003, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. 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: Upon receipt of a monthly invoice as attached in Exhibit III that complies with the budget in Exhibit If. B. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 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 the appropriate invoice is received. C. The Agency shall submit its final invoice and all outstanding reports within 10 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. e)—�5 2002 AGENCY SERVICES BOILERPLATE -PH Page 2 of 22 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 contract may contain separate budgets for separate program components. 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 the Contract amount in any contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. 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. VI. 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. VII. 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 2002 AGENCY SERVICES BOILERPLATE -PH Page 3 of 22 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. VIII. EVALUATIONS AND INSPECTIONS 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; B. 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 specked 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, 2002 AGENCY SERVICES BOILERPLATE -PH Page 4 of 22 unless the County, at its sole discretion, specifies in writing an extension in. the number of days to complete the corrective actions; C. 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; D. 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; E. 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 F. 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. X. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or 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 may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, 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. 2002 AGENCY SERVICES BOILERPLATE -PH Page 5 of 22 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 expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section 11, 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. 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. X11. 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 2002 AGENCY SERVICES BOILERPLATE -PH Page 6 of 22 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 for the 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, (when any funds for this Contract are provided by 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. The Agency shall protect, defend, indemnify, and save harmless the County, their 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 acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. The County will protect, defend, indemnify, and save harmless the Agency, their 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 sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extends to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of 2002 AGENCY SERVICES BOILERPLATE -PH Page 7 of 22 Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this agreement. 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 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, subcontractors, providers, and/or provider 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 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, B—A 2002 AGENCY SERVICES BOILERPLATE -PH Page 8 of 22 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 Agreement. 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. 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. C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: b -Ito 2002 AGENCY SERVICES BOILERPLATE -PH Page 9 of 22 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. 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. 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: 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. 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 T3 -1 2002 AGENCY SERVICES BOILERPLATE -PH Page 10 of 22 Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit 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+VII. 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 2002 AGENCY SERVICES BOILERPLATE -PH) Page 11 of 22 certification of self-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 subconsultants and suppliers, the Agency shall not discriminate against any person on the basis of race, 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 ("MMBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs: 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. 2002 AGENCY SERVICES BOILERPLATE -PH Page 12 of 22 ��-� 3 2. Placing all qualified small businesses, attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of 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 at (360) 763-9693 or on-line through their web site at www.wsdot.wa.gov/omwbe/. 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; 2002 AGENCY SERVICES BOILERPLATE -PH Page 13 of 22 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; 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 printing, 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 and 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 12 months 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 2002 AGENCY SERVICES BOILERPLATE -PH Page 14 of 22 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 subconsultants and suppliers in this Contract, including employment records. 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. I. 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 accordance with 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. t)-1 ('9 2002 AGENCY SERVICES BOILERPLATE -PH Page 15 of 22 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 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. XVII. SUBCONTRACTS AND 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 for services which relate to the subjectmatterof this contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, and the State of Washington (when any funds are provided by the State of Washington) their 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 provider, 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 provider 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. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 2002 AGENCY SERVICES BOILERPLATE -PH �' —A Page 16 of 22 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 XIX. 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 substantial breach of this Contract and grounds for termination pursuant to Section XI. above, as well as any other right or remedy provided in this Contract or law. XIX. CREDENTIALING, LICENSING, AND ENROLLMENT REQUIREMENTS FOR INDEPENDENT HEALTR CARE PRACTITIONERS AND ALLIED HEAETR— PROFESSIONALS A. Definitions. 1. Independent Health Care Practitioners (IHCPs) are those health care providers who, within the scope of their training, Licensure, and experience, can independently diagnose, initiate, alter or terminate health care treatment. This includes physicians, pathologists, dentists, .nurse practitioners, nurse midwives, clinical social workers, clinical pharmacists, chiropractors, physician assistants, and naturopaths. Volunteer providers, contractors of the Health Department, and clinical researchers in the above professional categories are also considered independent health care practitioners. 2. Allied Health Professionals (AHPs) are health services personnel who are required to maintain a Washington State License to satisfy their job requirements. To have specialized licenses such as, Sr, EHS, EHSS, RN, but are not included in the definition of Independent Health Care Practitioner, are considered AHP's. This category includes but is not limited to pharmacists, registered nurses, public health nurses, dental hygienists, X-ray technicians, nutritionists, laboratory microbiologists, paramedics, counselors, acupuncturists, LPN's, and social workers. B. Requirements for all Independent Health Care Practitioners and Allied Health Practitioners 1. Each IHCP and AHP employed by or under the auspices of the Agency, who agrees to perform health care services pursuant to this contract, shall adhere to the requirements set forth herein. These requirements are 2002 AGENCY SERVICES BOILERPLATE -PH 6 1 % Page 17 of 22 material to the contract. Technical assistance is available to the Agency to assure compliance with these requirements from the PHSKC Credentials Office. The Agency will receive an annual on-site audit from representatives of the County to verify that the information required herein is maintained by the Agency. Said requirements are: a) Credentialing (for IHCPs) that meets or exceeds the following minimum requirements: 1) Evidence of primary source verification of the IHCP's licensure, certification or registration and a copy thereof, 2) Evidence of review and verification of IHCP's professional education degree(s) and a copy thereof, 3) Evidence of review and verification of professional references, 4) Evidence of review or history of liability claims and adverse actions, 5) Evidence of review of the IHCP's health fitness for work, 6) Evidence of review of any findings from professional review organizations, 7) Evidence of practice reviews by peers, and 8) Evidence of protocols and procedures that establish a secure environment to safeguard the confidentiality of each IHCP's professional credentials and profile. b) Licensure, certification or registration requirements: All IHCPs and AHPs shall have current copies of their Washington State licenses, certifications or registrations on file at their work site. Procedures shall be in place that assure that IHCP's and AHPs shall provide patient services only with evidence of a current license, certification or registration. C. Requirements for Independent Health Care Practitioners and Allied Health Professionals who work at County sites 1. Agencies who employ or manage IHCPs and AHPs who practice at a County site(s) are required, as a condition precedent to this Agreement, to provide the following materials to the County prior to Contract signature: a. Provide completed forms and materials for each IHCP as required in Exhibit A, Profile for the Agency -Contracted IHCP, including licensure, Curriculum Vitae and other document copies as identified in said exhibit. (Exhibit A need only be completed once during the IHCP's period of assignment at a County site.) b. Provide copies of current licensure, registration or certification for each IHCP and AHP, with provider signature and work site noted on the copy. C. Provide vital statistics information if requested on each IHCP and AHP that includes, but is not limited to, birth date, social security number, sex, practice specialty, and years of experience. Said 2002 AGENCY SERVICES BOILERPLATE -PH 6 _� \ Page 18 of 22 information will be used for reporting purposes to government entities and as requested by third party payors for their enrollment requirements. 2. Upon commencement of this Agreement, the Agency is required to assure that completed Provider Plan enrollment forms for DSHS, Regence Blue Shield, Community Health Plan of Washington, Medicare and other provider plans as directed by the PHSKC Credentials Office are submitted by each Agency IHCP practicing at a County site. These materials are directed to your Agency's. IHCPs after they complete the forms set forth in Exhibit A and must be received by the PHSKC Credentials Office no later than two weeks after the IHCP receives said materials. 3. When IHCPs and AHPs are assigned to work at County sites after the commencement of this contract, the Agency will assure that the requirements set forth in Section XX.C.1. herein will be met within five working days prior to the IHCP or AHP reporting to work at the County site, and that the ' requirements of Section XX.C.2. will be completed in accordance with the time frame delineated therein. The terms and conditions of this section are material to this agreement and non- compliance with this section will be cause for termination of the agreement in accordance with Section XI. XX. 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. XXI. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP 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. 2002 AGENCY SERVICES BOILERPLATE -PH �� 0 Page 19 of 22 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. XXII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director/manager ' of the County department/division specified on page 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. XXI11. 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 Agency. The Agency agrees to and does hereby grant to the County, 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. XXIV. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. XXV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY 2002 AGENCY SERVICES BOILERPLATE -PH b ` Page 20 of 22 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. XXVI. 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. XXVII. 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 2002 AGENCY SERVICES BOILERPLATE -PH Page 21 of 22 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. KING COUNTY: FOR King County Executive Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY December 5, 2001 APPROVED AS TO FORM: CITY OF FEDERAL WAY Patricia A. Richardson, City Attorney AGENCY: Signature Name (Please type or print) Date 2002 AGENCY SERVICES BOILERPLATE -PH Page 22 of 22 Exhibit I: Scope of Work Federal Way Parks, Recreation and Cultural Services WIC Healthy Habits Project Contract D31543D June 1, 2002 -December 31, 2003 I. Introduction The purpose of this agreement is to establish a relationship between Seattle -King County Department of Public Health aka Public Health Seattle & King County -Parent Child Health Division (PHSKC-PCH) and Federal Way Parks, Recreation and Cultural Services (FWPRCS). PHSKC-PCH and FWPRCS will work cooperatively to provide physical fitness and recreational activities to Women Infant Children (WIC) families enrolled in the WIC program at all PHSKC-PCH district sites. H. Program Plan FWPRCS staff will assist with coordination of a variety of physical fitness and recreational activities for WIC families provided physical activity scholarships through PH-S&KC. FWPRCS Staff members will assist WIC families with class selection and provide the physcial activity classes with instruction. Activities may include gymnastics/tumbling, "play time" sessions, music/singing classes, art classes, and other activities to foster physical and mental development. FWPRCS Services are provided throughout the Federal Way area. FWPRCS will meet with PHSKC-PCH regularly to evaluate program operation and to review WIC client accessibility. FWPRCS will provide utilization data to include number of WIC participants, attendance and services selected. M. Reimbursement PHSKC-PCH shall reimburse FWPRCS up to $1,000.00 for service activities in 2002; PHSKC-PCH shall also reimburse FWPRCS up to $1,000.00 for service activities in 2003. Total consideration 6/1/02-12/31/03: $2,000.00. Reimbursement shall be made monthly upon receipt of the attached Invoice (Exhibit II). PCH/CONTRACTS/2002 RENEWALS/2002 WIC CONTRACT DATA/FWPRCS/FWPRCS DRAFT EXHIBIT Exhibit 11: Invoice Federal Way Parks, Recreation and Cultural Services WIC Healthy Habits Project June 1, 2002 - December 31, 2003 Contract D31543D Rob Tarkowski Public Health - Seattle & King County 999 Third Avenue, Suite 900 Seattle, WA 98104-4039 Period of Time: I hereby certify that the following expenses were incurred during the above referenced period of time and request reimbursement. Budget Current Exp. Accum. Exp. Balance $2,000.00* *Funding Breakdown: Up to $1,000.00 available 6/1/02-12/31/02; Up to $1,000.00 available 1/1/03-12/31/03. Signature For Departmental Use Only Date Fund Source Program Budget Curr. Expend. Accum. Expend. BALANCE Suffix A 8021/1-100037 $ 1,000.00 Suffix B 8021/1-100037 $ 1,000.00 Total $ 2,000.00 Program Monitor PCH/CONTRACTS/MONITOR/NUTRITION-HUTCHISON/20022WWIC BILLIINjG/FWPRCS Date Contract Exhibit 504/ADA 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 accommodations and employment based solely on disability. In addition, I recognize that Section 504 requires 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. I agree to comply with, and to require that all subcontractors comply with, the Section 504/ADA requirements. I understand that reasonable accommodation is required in both program services and employment, except where to do so would cause an undue hardship or burden. I agree to cooperate in any compliance review and to provide reasonable access to the premises of all places of business and employment and to records, files, information, and employees 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. .cording to the responses to the questions in the 504/ADA Self -Evaluation YES NO Questionnaire, (company name), of �cAe�at 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 Completion Date Program Access Actions To Be Taken Completion Date 504/ADA DISABILITY ASSURANCE OF COMPLIANCE (continued) 504/ADA Contract Forms, 8-21-01 1 ��� Employment and Reasonable Accommodation Actions To Be Taken Completion Date Physical Accessibility Actions To Be Taken Completion Date I Declare Under Penalty of Perjury under the Laws of the State of Washington that the Foregoing is True and Correct. Contractor: Company Name Street Address City State Zip Authorized Signer: Name (type or print) Title Phone Signature For Notary: State of Washington, County of Signed and attested before me on (date) signer name) Notary signature: Notary (print name):, My appointment expires: 504/ADA Contract Forms, 8-21-01 2 —�� by (print authorized pmg I7 111 Form W-9 Request for Taxpayer Give form to the (Rev. January 2002) Identification Number and Certification requester. Do not oeparmient of the Treasury send to the IRS. Internal Revenue Service N CD 0)W �'/— J cl Name 0 rc VL w n Business name, . different from above c 0 it, T o ` 0 Individual/Exempt from backup Check appropriate box: ElSoleproprietor ❑ Corporation artnership Other ► L!t___- ❑ withholding 02 c t^ Address (number, street, and apL or suite no.) Requester's name and address (optional) City. state,,and ZIP code , f1 �y� V % ('0 t� { i-�'{� n Vv/1 E U) List account number(s) here (optional) W to IM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. Or Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number I,Employertide!}aficat. number to enter. "t 11 t 1 I r IG Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See 4he instructions on page 2.) Sign Signature ofLk !I I I a Here U.S. person So -p y� am, -e v Date Do -9 Purpose of Form A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If you are a foreign persott, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. Note: If a requester gives you a form other than Fc*m W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. what is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30% of such payments after December 31, 2001 (29% after December 31, 2003). This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You wig not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required (see the Part II instructions on page 2 for details), or 3. The IRS tells the requester that you furnished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did riot report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions on page 2 and the separate Instructions for the Requester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of Federal law, the requester may be subject to civil and criminal penalties. Cat. No. 10231X Form W-9 (Rev. 1-2002) From: Stevie Roberton At: Brown & Brown of Washington FaxID Fax 253-396-4500 To Jennifer Mayer, CPRP Date: 9/17/02 11:46 AM Page: 1 of 2 ACORn_ CERTIFICATE OF LIABILITY INSURANCE. CSR SRDATE(MM/DDNY) ANY REOUIREMENT. TERM OR CONDITION OF ANY CONIRACI OR OFHER DOCIJMENI WITH RESPECT TO WHICH THIS _-ERI IFICAIE MAY BE ISSUED OR EDE-10 09/17/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICY NUMBER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown of Washington HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 1718 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tacoma WA 98401 Phone:253-396-5500 Fax:253-396-4500 INSURERS AFFORDING COVERAGE INSURED RJSLIREPA_ St Paul Fire && Marine Cit of Federal Way Faith Ferreria-shovein P O Box 9718 Federal Way WA 98063-9718 j INSURER B: INSURER C. I _ ---_.- . _ - NSLIPERD INSR<'ER E. 01/31/02 GUVERAUE5 THE POLICIES OF iNSLR.ANCE LUTED BELOW HAVE BEEN ,SSUED TO THE INSURED NAMED ABOVE FOP THE POLICY PERUJD INDICATED NO1bVITHSTANC-IN-3 ' ANY REOUIREMENT. TERM OR CONDITION OF ANY CONIRACI OR OFHER DOCIJMENI WITH RESPECT TO WHICH THIS _-ERI IFICAIE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND COFIDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWTJ MAY HAVE BEEN REDUCED BY PAID CLAIMSINSR. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE (MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $1,000,000 A X COMMERCIAL GENERAL LIABILITY GP09306934 01/31/02 01/31/03 FIRE DAMAGE (Airy one file) $ $ 100,00 0 CLAIMS MADE u OCCUR MED E-:1' (.Any role person) $ $ 0 PERSONAL d ADV INJURY $ $1,000,000 GENERAL AGGREGATE s$2,000,000 GEN'L A(,!=REGATE LIMIT APPLIES PER: PRODS - COMP/OP AGG $ $2,000,000 I POLICYT LOC. I I A AUTOMOBILE X'I .._- LIABILITY ,Llro GP09306934 I 01/31/02 C:i IMBINED SINGLE LIMIT 01/31/03 [Fa ac 11,000,000 ALL OWNED AU IrS SCHEDULED AUTOS BODILY INJIJR'i I I (P�r person) $ I Fr) Al i?I iii 11,)N OWNEDAUTOS BODILY INJURY iPw acciJenl) PP.OPEPT,'C0A A1,'oE (P( -I accident) GARAGE LIABILITY _ I AUTO ONLY- EA ACC IDEI•JT ; ANY AURJ I . EA ACC OTHER, THAN AUTO ONL Y AGC; :1 $ EXCESS LIABILITY j FACII o0-.0PR*r A;r $ 10,000,000 A OccuR ❑ CLAIMS MADE GP09306934 01/31/02 01/31/03 I AGGkEGATE $10,000,000 5 $ HEOUCTIBLL lRETENTION X $10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS EP $ I E L. EACH ACCIDENT F L DISFASF - EA FMFI.OYFF $ $ E L. DISEASE PCNL ICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS It is agreed that the Certificate Holder is included as Additional Insured, per form G0270 attached, but only as respects the liability of the Named Insured in connection with Parks, Recreation & Cultural Services Dept contract for WIC Health Habits grant. ,—rF% I IrR.A I C rrVLUCR Y I AUDI TIONAL INSURED; INSURER LETTER: A GANGELLA I IUN SEAT -98 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Seattle -King County Public DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Health Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Gladys Atabong IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 999 Third Ave, #1520 Seattle WA 98104-4039 REPRESENTATIVES. ACORD 25-S (7/97) 50W t'JACORD CORPORATION 1988 5.0 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: November 12, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne Kirkpatrick, Chief of Police -- / C Via: David, ty anger Subject: Capital One Services, Inc., Donation to Federal Way Police Department Background: The Capital One Services Company has made donations to the various communities where their offices are located and to law enforcement agencies around the country. On October 22, 2002, the Federal Way Police Department was awarded a donation of two Sony digital cameras from the Capital One Services Company located here in Federal Way. These two cameras were awarded to the Criminal Investigations Section of the Police Department to be used by Detectives and Police Support Officers at major crime scenes. Commander Stan McCall and Lieutenant Connie Shupp accepted this generous donation on October 22, 2002 at the Capital One Services center at 32275 32nd Avenue South Federal Way. This proposal is being submitted to authorize the Federal Way Police Department to accept this generous donation from Capital One. It is our good fortune to have fostered a positive and close partnership with Capital One Services, Inc. Our Police Department has enjoyed the professionalism of this company and particularly the dedication of their security employees. These digital cameras can allow our Public Safety Department to further meet the needs of our community. This donation has a total value of $1,020.48. This donation of digital cameras can be used to augment specific and necessary equipment within the Criminal Investigations Section and can help investigators facilitate major crime scene processing operations. Costs: There are no costs to the city for receiving this donation. These donated cameras are consistent and compatible with the police department's existing photography equipment. Committee Recommendation: Motion to approve the acceptance of this donation of cameras from the Capital One Services Company and forward to Council on November 19, 2002. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member C---> 5.D City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: November 12, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne Kirkpatrick, Chief of Police -;e _ Via: David Mo e i anager Subject: DUI/Seat Belt Overtime Funding for the "Drive Hammered -Get Nailed" Campaign Background: The Washington Traffic Safety Commission (WTSC) is offering overtime grant funding for DUI and seat belt enforcement for the Holiday Season. The goal of this program is to save lives and prevent serious injuries on Washington's roadways by increasing the seat belt usage rate and to decrease the number of DUI drivers. The targeted emphasis enforcement activity will begin November 18 and extend through December 1, 2002. The WTSC will also promote the activity and attempt to educate motorist by purchasing media spots. All state, county, and local law enforcement agencies are eligible and encouraged to participate in this project. The funding availability is on a first-come basis based on agency size and the number of full-time commissioned personnel as follows: # of Commissioned Officers Maw request funding up to: 1-10 $ 2,000 11-50 $ 3,000 51-100 $ 5,000 101+ G.:111 The Federal Way Police Department has made a request to participate in the project. Start-up Costs: There are no costs to the City and no matching funds are needed to accept the grant. Committee Recommendation: Motion to approve to accept the funds from the Washington Traffic Safety Commission in the amount $8,000. The additional enforcement will increase the safety of our citizens by increasing seat belt usage and removing intoxicated drivers off of our streets. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member D-1