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PRHSPSC PKT 07-08-2002 Œ'~J City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, July 8, 2002 4:00 p.m. City Hall Mt. Baker Conference Room AGENDA 1. 2. CALL TO ORDER PUBLIC FORUM Action Action Action Information Action Action Information Action Action Action J ainga Reuter Reuter Tee1er/Paterno Kirkpatrick Kirkpatrick Kirkpatrick Kirkpatrick Kirkpatrick Kirkpatrick 3. 4. COMMISSION COMMENTS APPROV AL OF JUNE 10,2002 SUMMARY 5. COMMITTEE BUSINESS A. 2001/2002 Capital Improvement Project Lakota Park Soccer Field-Lighting Repair Project B. King County Forward Thrust PoollKenneth Jones Pool C. Family Fest Memorandum of Understanding D. 2002 Volunteer and Neighborhood Program Update E. Target Corporation GrantJDonation Award F. The 2002 Bulletproof Vest Partnership Grant G. Local Law Enforcement Block Grant 2002 Application H. 2002 Washington Traffic Safety Commission Click It Or Ticket Grant 1. Dry Cleaning Contract J. Federal Equitable Sharing Agreement 6. PENDING ITEMS . King County Funding of Parks and Pools . Safety of215t Avenue S.W. and 304th Street . Internet Safety . Future Development of 5 Acres at Celebration Park . Lakota Park . Group Homes . Historical Society 7. 8. NEXT MEETING - Monday, August 12,2002 ADJOURNMENT Committee Members: Linda Kochmar, Chair Mary Gates Mike Park Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant 661-4041 City of Federal Way City Council PARKS. RECREATION. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITIEE Monday, June 10,2002 4:00 p.m. SUMMARY In attendance: Council Committee members Chair Linda Kochrnar, and Michael Park, Mayor Jeanne Burbidge, Staff: Donna Hanson, Assistant City Manager, Anne Kirkpatrick, Director of Public Safety, Bob Sterbank, Director City Attorney, Cary Roe, Director Public Works, Ken Miller, Deputy Director Public Works, Lydia Asseffa- Dawson, Human Services Manager, Kelli O'Donnell, CDBG Coordinator, Jennifer Schroder, Director, Parks, Recreation & Cultural Services, Mary Jaenicke, Administrative Assistant. Excused: Council member Mary Gates. Guests: Karen PettingeU, Chair Human Services, Kevin King, Human Services Commission, H. David Kaplan, citizen, Nancy McElenay, Historical Society. Chair Kochmar called the meeting to order at 4:02 p.rn. PUBLIC FORUM David Kaplan spoke regarding the Oxford House issues. He would like the City to review their policy regarding granting funds for a social service facility, without a site being selected. The grant should be made contingent upon the approval of a site. The second issue is the waiver of unrelated adults living in the same house. Kaplan also spoke regarding the upcoming sexual predator bid. Kaplan would like the local group homes to be publicized. Nancy McElenay from the Historical Society wanted to introduce herself to the Committee. She stated ~e Historical Society wants to keep moving forward with the program. She spoke regarding needs that the Historical Society needs. Schroder stated a meeting could be scheduled to update the committee. Schroder stated she would update the Committee on the Agreement between the City of Federal Way and the Historical Society. Kochmar suggested that Nancy attend the City Council meeting every once awhile to create public awareness of the Historical Society. COMMISSION COMMENT None APPROVAL OF SUMMARY Chair Kochmar and Council member Park approved the May 13 meeting minutes. Kochmar motioned to change items G and H on the agenda, and to put item D before B. Park seconded. Motion passed. BUSINESS ITEMS Regional Disaster Plan for Public and Private Organization in Kine County Miller introduced Lauren Nelson, Regional Planning Program Coordinator for King County. Miller stated that state law requires a plan for emergencies, but there is very little guidance given for non-profit and private companies. The regional disaster plan was developed to take advantage of the many entities that could be used following a severe disruption. Participation in the plan provides a legal framework within which organizations in King County can share resources in times of larger scale emergencies. The Omnibus Legal & Financial Agreement has been developed to provide the legal platform for resource sharing among participating organizations. Nelson gave a power point presentation of the Regional Disaster Plan. Park moved to authorize the City Manager to execute the signatory documentation sheet adopting the Regional Disaster Plan. Authorize the City Manager to execute the Omnibus Legal & Financial Agreement between the City of Federal Way and other subscribing members of the Regional Disaster Plan for Public and Private Organization in King County. Forward to the July 2, 2002 Council Consent Agenda. Kochmarseconded. Motion Passed. . PARKS, RECREATION, HUMAN SERVICES &. PUBLIC SAFETY COUNCIL COMMITTEE Monday, June 10 Summary Page 2 Yakima County Jail Services Interlocal A!!reements Sterbank stated that in May 2001, the City received formal notice from King County that they were terminating the jail contract Agreement with Federal Way and other cities. The County wanted Federal Way out of their jails permanently. The County has a growing felony population, and would be unable to provide misdemeanor jail services. The City was approached by Yakima County about a long-term jail contract. Yakima already contracts with several cities including Federal Way. Yakima wants to build an additional wing to its facility. Yakirna'sjail is a state-of-the-art facility, which provides alcohol and substance abuse treatment, and psychiatric treatment. The cities began negotiating with Yakima County. Yakima County has offered the jail services at a lower cost than King County. A joint contract among the cities and Yakima County was developed to address the long-term jail needs. The agreement is broken into two separate Interlocal agreements: (1) Interlocal Agreement Between Yakima County and the Cities; and (2) Interlocal Agreement Among the Cities. The second agreement addresses the responsibility for unmetjail bed commitments made to Yakima County, or overuse ofa city's estimated use. Sterbank reviewed the highlights of these two Interlocal Agreements. The Agreement's effective date occurs when. . it has been executed by a sufficient number of cities to represent 90% of the 440 Minimum Bed Commitment. If the requisite number of cities does not sign the Agreement by September 1,2002 it is null and void. The Agreement will expire on December 31, 2009 unless it has been terminated or extended prior to that date. Council member Park asked if other cities have signed off on this contract. Sterbank answered that yes other cities have already signed the contract. Chair Kochmar asked Sterbank to verify with Yakima County that they are offering $2 million aggregate for each city. Chair Kochmar is concerned that the $1 million per occurrence and $2 million in the annual aggregate would be too low. The Interlocal Agreement among the Cities becomes affective once it has been signed' by all of the participating cities. The Cities agreement is null and void if Yakirna County is unable to obtain permits and fmancing of its new jail by September 2002. The cities agreement focuses on how to deal with the . responsibility of the unused bed commitment. Only those cities that don't meet their EADP number in a given year will have to pay a proportionate share to Yakima County. The agreement also contains provisions for over usage of beds. Sterbank stated that this agreement may be terminated with 12 months notice in writing to each other city. Park asked what would happen if we went over the 5% allowed for using jail beds. Chief Kirkpatrick stated that the City is maintaining their contracts with Chelan, Fife and Okanogan. Park moved to approve the Interlocal Agreement Between Yakima County and the Cities, and forward to full Council for consideration at the June 18, 2002, Council meeting; and approve the Interlocal Agreement among the Cities, and forward to full Council for consideration at the June 18, 2002 Council meeting. Kochmar seconded. Motion passed. Renton Jail Services Interlocal A!!reement Sterbank stated that the language in this agreement is the same language as the Fife agreement. The difference in this contract is the price. The price is $50 per day if it is in excess of four hours or more than 24 hours, and $25 per day if it is less than four hours. Council member Park moved to approve the Renton Jail Services Interlocal Agreement and forward to full Council for consideration at the June 18, 2002 Council meeting. Chair Kochmar seconded. Motion passed. Citv of Federal Way and City of Bellevue Interlocal Agreement for K9 Trainine Chief Kirkpatrick stated that this is an Interlocal agreement to formalize their relationship with the City of Belle vue Police Department. The Public Safety Department is utilizing a Bellevue Master K9 Trainer to train the Cities new dog. There is no cost to the City of Federal Way for the K9 Training. Council member Park asked what the time frame is for the training. Kirkpatrick stated that the dog is very advanced and should be ready in about 4 weeks. The Bellevue Officer has been coming to Federal Way to train Officer Dex in the Federal Way Community. Council member Park moved to approve the City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training and forward to full Council for consideration at the June 18, 2002 Council Meeting. Chair Kochmar seconded. Motion passed. 2002 Human Services Commission Work Plan Assefa-Dawson stated that the Human Services Commission fmalized its proposed 2002 Work Plan on May 13, 2002. The finalization of the work plan was delayed due to staff turnover. There are nine items on the work plan, and some of those items have already been completed. Asseffa-Dawson reviewed the work plan. The commission has hosted a Community Forum, and completed analysis of the 2000 census information for Federal Way. The commission will be reviewing the CDBG funding options after this meeting. The commission is involved in the sub-regional human services planning efforts. A lot of information is being shared with the South King County Council of Human Services. The commission received about 30 applications for CDBG funding, and is in the process of reviewing those applications. Council member Park moved to approve the Human Services Commission's 2002 Work Plan, as proposed by the Commission and forward to the full Council for approval on June 18, 2002. Chair Kochmar seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, June 10 Summary Page 3 Renewal of Interlocal Cooperation A!!reements for HOME Consortium and Kin!! County Community Development Block Grant (CDBG) Consortium O'Donnell stated there are two Interlocal agreements that the City has participated in with King County. They are HOME Consortium funds and CDBG funds. Both Interlocal agreements have automatic renewals for three-year terms. In regards to the CDBG, the City has the option to stand alone as a direct entitlement. Federal Way joined the King County CDBG Consortium in 1994. Joining the Consortium provided a greater amount ofCDBG funds to Federal Way residents at lower staff costs with reduced administrative requirements. King County notified the Human Services Commission that the Counties administrative costs would rise significantly in 2003. It is because of these rising administrative costs that the Human Services Commission is recommending pursuing direct entitlement in 2006. This recommendation to return to entitlement in 2006 instead of 2003 was made due to the lack of time to evaluate staffing needs and federal requirements for the program. Returning to direct entitlement. would give the city additional funds for planning and administration, and all federal requirements for administering the CDBG program would become the responsibility of the City. Park stated if the City decided to withdraw from the Consortium at the end of 2005, what kind of work would need to be done? O'Donnell stated that they currently do a Human Services Comprehensive Plan. They would start to align that plan with the consolidated plan that is required as an entitlement community. There are a number of pieces that need to be addressed in the consolidated plan. They can start fitting those pieces into their comprehensive plan so they can start identifying things that need to be in there. They need to do a better analysis of staffmg levels, what the actual costs of staffmg the program would be. Park asked what the pros and con's are of the consortium. O'Donnell stated the pros of staying in the consortium are: More consolidated administration, County takes on the liability, City has the control of deciding where to spend the money. If the city leaves the consortium the city would spend a lot more money on the administration, Direct Liability to HUD and, Reporting Requirements, Monitoring contracts for federal requirements such as the Federal Fair Wage Act that would include site visits to make sure they're paying contractors fair wages. O'Donnell stated the main issue with King County is the rising cost of working with them. Council member Park moved that the City of Federal Way stay in the King County CDBG Consortium, but do so under protest due to the late receipt of information from King County, the short time frame given for making a decision, and the rising administrative costs charged by King county for administering the program. Council member Park moved to recommend to the City Council that the City of Federal Way initiate the process to be prepared if the city chooses to withdraw from the King county CDBG Consortium at the end of the 2003-2005 term. Chair Kochmar seconded. Motion Passed. 2003 CDBG Pass- Throu!!:h Acceptance O'Donnell reported that as part of the city's joint agreement with King County CDBG Consortium, the City must elect to receive a pass-through of CDBG funds. The City must report to King County where they are going to allocate the estimated funds available. O'Donnell will not know the fmal2003 CDBG allocation until December 2002. The City of Federal Way's estimated grant is $551,800. $505,094 is the pass-through, and approximately $47,000 is from program income. O'Donnell reviewed the proposed budget. O'Donnell stated the Human Services Commission is recommending that City Council request an additional $20,000 for Planning and Administration. $10,000 would cover the administrative costs of Federal Way's CDBG program, and $10,000 would be applied toward the cost of the Consolidated Housing and Human Services Plan. Council member Park moved to accept the Commission's recommendation to accept a pass-through of CDBG funds from King County for the year 2003 - earmarking $120,000 of capital funds for the Federal Way Home Repair Program and requesting an additional $20,000 for Planning and Administration. Forward to the full City Council for consideration at the June 18, 2002 meeting. Chair Kochmar seconded. Motion passed. PENDING ITEMS Schroder stated she would be attending a task force meeting. The Metropolitan Task Force will be fmalizing their recommendations, to be forwarded onto Executive Sims. She will report back to the Council what the recommendations are. Schroder stated it is very likely that they will "moth ball" pools and parks that are within City limits. Once Schroder has received the information, she will pass it onto Council immediately. NEXT MEETING July 8, 2002 - Mt. Baker Conference Room ADJOURNMENT Meeting adjourned at 6: 10 p.m. 5.A CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: June 28, 2002 PRHSPS Council Committee ~ f Jon Jainga, P~r {l\lanning and Development Manage I {'. David Mo e ty~anager 2001 / 2002 C ita I Improvement Project Lakota Park Soccer Field Lighting Repair Project Background: As part of the 2001/2002 Budget process, Council approved $75,000 for the Lakota Park Soccer Field' Lighting Repair Project. The soccer field lights at Lakota Park were originally installed in 1978. The lights are in great need of repair and improvement to provide the appropriate amount of foot-candles to the playing field for the player's safety during evening practices and games. This repair project would greatly improve and update the soccer field lighting at Lakota Park. The Project scope consist of the construction and installation of two additional sports field lighting systems at Lakota Park Soccer Field for evening practices and games. The additional lighting system shall consist of 18 luminaires to be mounted on 2 steel poles. May 21, 2002, City Council approval to publicly advertise the Lakota Park Field Lighting Repair project for the public bid process. June 8, 2002, Staff publicly advertised the request for bids for the Lakota Park Additional Soccer Field Lighting project. The city received bid submittals through June 28, 2002. June 28, 2002, five bids were submitted. Staff opened and read the five bids aloud at City Hall. The following is a list of the five bids, which includes the contractor's name and their total bid amount (total bid amount includes Washington State Sales Tax). I. JR Electric, Kent, W A 2. Rakoz Electric, Chehalis, W A 3. Totem Electric, Tacoma, WA 4. Duchess Construction, Milton, W A 5. T.Miller Construction, Auburn, W A $69,759.16 $65,576.26 $59,296.00 $52,729.38 $51,576.26 All bids submitted are within the budgeted project amount. T.Miller Construction of Auburn, W A, is the lowest responsive, responsible bidder. Committee Recommendation: Motion to recommend to Council a "do pass" to accept T.Miller Construction of Auburn, W A., total bid amount of$51,571.20, which includes Washington State Sales Tax, a project contingency of$23,428.00 and to place this item before Council on July 16,2002. APPROVAL OF COMMITTEE REPORT: r\-l- Committee Chair Committee Member Committee Member . 5.B CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM DATE: TO: VIA: FROM: Subject: - L--- The purpose of this memorandum is to provide background information to the Council on the status of King County's proposed reductions in park services and to seek Council's interest in considering the transfer of the King County Forward Thrust Pool located within the City of Federal Way. Back2:round King County is estimating a $50 million budget shortfall in their Current Expense Fund for 2003 with an additional $25 - $30 million shortfall in each of the following two years. The County Executive appointed a Parks Task Force charged with recommending how the King County Park System should be owned, operated and funded in the future and how to eliminate the reliance of these parks and facilities on the County's Current Expense funds. On June 12, the Task Force submitted to the County Executive recommendations for stabilizing the funding base for operations of the King County Park and Recreation System. Included in the recommendations is for the CotiIlty to divest itself of all in-city facilities. This strategy includes the transfer of all King County pools located within city limits to the local municipality. There are 10 of the County's 15 local pools inside cities. The impact to Federal Way is the King County Forward Thrust Pool known as the Kenneth Jones Pool. The Kenneth Jones Pool is located on property owned by the Federal Way School District at the Federal Way High School campus. The pool was built in 1970 and the County has a 40-year lease with the district. King County coordinated a meeting in May with staff from the Federal Way School District and with city staff to talk about the cost to operate the King County Federal Way Pool and alternatives the County is exploring to keep the pool open in the short term. King County staff specifically wanted to inquire whether the City and/or the School District is interested in the possibility of accepting transfer of the pool's ownership. Kenneth Jones Pool Operation Costs Based on data provided by King County, the following summarizes the operating costs and revenues for the Kenneth Jones Pool for 2001: Y2001 Kenneth Jones Pool Expenses $674,477 Revenues 231,750 Subsidy 442,727 % Fee recovery 34% 2001 Attendance 79,148 Staff 2.5FfE/I0 Part-time These figures are significantly more than the pool's 2000 expenditures of$322,391 and revenues of $164,318 that was provided to the City previously. Because of the difference, Staff requested data to back up the new expenditure and revenue numbers, but due to the way the County tracts costs, they were only able to provide a summary of direct costs of $410,257 and the remaining amount is their estimate for facility maintenance and administrative support and overhead which are accounted for centrally and allocated to individual facilities. Revenues are eamed from instruction courses, rentals, drop in, concessions and other miscellaneous activities. Since the data from King County is a mixture of actual operating cost and other estimated charges, staff also collected cost information from other cities who have assumed Forward Thrust Pools in the past few years to provide a comparison and a range of the operating costs. The following table summarizes this information. This chart also includes each city's capital investment since assuming ownership for both deferred maintenance projects and enhancements of the respective pools as of2001. b-, ..=1- ISSAQUAH BELLEVUE SHORELINE Year Transferred 95 96 97 *Terms/KC One time 450,000 558,000 563,600 funding 2000 Expenses 791,000 850,000 401,434 2000 Revenues 466,000 355,000 182,596 Subsidy 325,000 495,000 218,838 % Fee Recovery 59% 41% 47% 2000 Attendance 204,000 144,336 97,199 (Year) Capital to Date 1 million 2-3 million 1.7 million Average annual capital investment 143K 330K-500k 340K Staff 6ITE/20+ Part-Time 8FTE/30 Part-time 4FTE120+ Part-time POOL OPERA nON COST COMPARISONS Terms of transfer Issaquah - King County agreed to $90,000 for 5 years for a total of $450,000 and $125,000 in capital repairs. Bellevue - King County agreed to pay the City $139,500 per year for 4 years ($558,000). King County also agreed to pay $300,000 per year for 4 years toward the construction of a warm water therapy pool ($1,200,000). Shoreline - King County agreed to pay city $140,900 for four years ($563,600) and $150,000 in capital repairs. Conclusion . King County is likely to close the Kenneth Jones Pool by the end of the year if transfer is not accepted. . Federal Way School District has indicated it is not interested in accepting the pool. . Operating subsidy is likely between $250K - S400K . Capital cost is likely, the amount necessary for Kenneth Jones Pool unknown at this tim:e. Options for Council to consider Option 1: Direct the City Manager to inform King County that the City is not interested in considering the transfer of the Kenneth Jones Pool. Option 2: Direct the City Manager to continue discussion with King County and provide funding alternatives for the transfer of the Kenneth Jones Pool as part of the city's 2003/2004 Biennium Budget proposal for Council consideration. Committee Recommendation Move Option - to the Councils July 16th meeting on the consent agenda for approval. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member ß-2 s.c PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: July 8, 2002" To: Parks, Recreation, Human Services & Public Safety Council Committee Kurt Reuter, Acting Director~/Þf ' David M~ana¿; Family Fest Memorandum of Understanding From: Via: Subject Background . Family Fest is scheduled the weekend of August 23,24 and 25,2002. As in the past, the event will take place at Steel Lake Park, on the beach side of the park and the soccer field will be used for parking. A copy of the 2002 Mernorandurn of Understanding and Exhibits A and B are attached for your review. Attachment B describes the 2002 Family Fest risk management requirements. Committee Recommendation Motion to authorize the City Manager to execute the 2002 Family Fest Memorandum of Understanding between the City and Federal Way Community Council and forward to full Council on July 16,2002, with a "do pass" recommendation. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member ('-l - - ~-~ I INTEROFFICE MEMORANDUM --------------------- ----------------------------------------- --- -----------------------------------------------------------------------------__--___m --- -- TO: PARKS, RECREATION, HUMAN SERVICES AND PUBUC SAFETY COMMITTEE FROM: JENNIFER TEELER AND KIMBERLY PATERNO SUBJECT: JULY 8TH COMMITTEE MEETING DATE: 07/03/2002 Attached is a memo pertaining to item SD of your July 8th Committee meeting agenda. This information should have been included in your packet. Our apologies for any confusion this may cause. -- ,- -. . Date: From: CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY July 3rd, 2002 Jennifer Teeler and Kimberly Paterno, Volunteer & Neighborhood Program Coordinators 'í'A" - fJ;J David Moseley, City Manag~ v Information Item - 2002 Volunteer and Neighborhood Program Update Via: Subject: Background: The purpose of this memo is to bring you up to date on the progress and changes in the area of Volunteer and Neighborhood Programs. This memo will address recruitment and recognition of volunteers, neighborhood programs including training and the Neighborhood Matching Fund mini- grant, and marketing our programs and services. We will be attending your July 8,2002 meeting to give you a brief presentation and answer any questions you might have concerning the programs. Volunteer Proç¡rams Recruitment In the first half of this year, 344 volunteers contributed over 3,000 hours of service to the City of Federal Way. These volunteers were recruited primarily through use of the City's website, flyers, VolunteerMatch (a national website), and email distribution. In order to better serve the city employees and volunteers, we are currently conducting a volunteer needs assessment. When completed, this assessment will give us a better understanding of current and potential volunteer opportunities within the city. ~ We work closely with other city departments to recruit volunteers for them and to provide support in managing those volunteers and keeping records. Recognition Currently the main form of volunteer recognition is the annual volunteer dinner. The February 2002 was a success with over 300 people in attendance. We modified the dinner slightly with more entertainment provided by Federal Way community members and fewer speeches. We keep track of cumulative volunteer hours in order to recognize volunteers when they have reached certain milestones (e.g., a letter of thanks provided after 100 hours). We also encourage volunteer supervisors to recognize their volunteers in low (or no) cost ways, such as a simple word of thanks. NeiQhborhood ProQrams Disaster Preparedness Training Federal Way's disaster preparedness program has become an important service that we offer to our citizens, as well as a model for other programs throughout the state. The two prongs of our program are: 1. Neighborhood Emergency Teams, or NETs, are groups of neighbors who are trained in basic disaster preparedness by a City employee or volunteer. This training takes place at K:\JenniferT\Misc\Volunteer and Neighborhood Program Update 2002.doc meetings held in residents' homes. While we provide information and meeting facilitation, the organization of the NET is the responsibility of the neighborhood captain. Community Emergency Response Team, or CERT, training is based on curriculum developed by the Federal Emergency Management Agency (FEMA). This training, formally called NET Responders in Federal Way, has become very popular nation-wide. President George Bush has incorporated CERT as one of four Citizen Corps programs. We recently attended a meeting at the King County EGC geared toward coordinating CERT efforts throughout the county. At present, we are one of very few cities who have active CERT programs. Currently we have 40 graduates of the seven-session CERT course offered by the City of Federal Way. We are scheduling another course to begin in September. We also offer "continuing education" classes to CERT graduates. This summer we have scheduled on Advanced Disaster Psychology, Power Line Safety, and Natural Gas Safety. We would encourage any City employee to attend the training. Not only are CERT graduates a valuable resource in case of emergency, they have also proven to be reliable citizens that can be called on when we need volunteers for special events. Neighborhood Matching Fund Mini-grant The Neighborhood Matching Fund mini-grant is a very worthwhile program that matches city funds of up to $2,500 with in-kind donations and volunteer hours to help community groups improve the quality of life in a neighborhood or the community as a whole. In the last year, we have been struggling to market this program to the citizens of Federal Way. We are finally seeing some results from our efforts with two grants being approved and three grant applications pending since May. MarketinQ Marketing the programs that we offer to the citizens of Federal Way is an ongoing task. We are always updating brochures, flyers, and the City website. We also strive to keep the press informed ot our activities. We are starting to explore the opportunity of using channel 21 and SeaTac Mali's Community Corner to reach residents. We also communicate with citizens using email, phone calls, and newsletters. Coordinating Volunteer and Neighborhood programs is both challenging and exciting. The programs that we coordinate constantly evolve to meet the needs of those we serve. We welcome 9Q¥-input you might have in how we could improve any of the services we provide. . . K:VenniferT\Misc\Volunteer and Neighborhood Program Update 2002.doc Memorandum of Understanding Family Fest 2002 City of Federal Way and Federal Way Community Council THIS MEMORANDUM OF UNDERSTANDING (MOU), dated effective this 1st day of August 2002, defines the respective responsibilities ofthe City of Federal Way ("City") and the Federal Way Community Council ("FWCC") in connection with the 2002 Family Fest event. Recitals: A. B. C. The FWCC, through the Family Fest Committee, produces an annual outdoor event, known as Family Fest, in Steel Lake Park, Federal Way, Washington ("Event"). The Event includes a parade, food and craft vendors, performances and activities over a three (3) day period, August 23,24 and 25,2002; The City has formally adopted the Event as an official City-sponsored event pursuant to Resolution No. 94-166 benefiting the citizens of Federal Way; and The Family Fest Committee will serve as the producer of the Event. The City will provide the location and assist with City services as outlined in this MOU. NOW, THEREFORE, the parties agree as follows: I. City Responsibilities. The City agrees as follows: 1. The City will provide staff support to set up the Steel Lake Park stage and canopIes; 2. The City will waive the Special Events Pennit fee for use of Steel Lake Park facilities; 3. As a City-sponsored event the city will waive application fees for a temporary business license, temporary sign permit and electrical permit; 4. As a City-sponsored event, Family Fest organizers and FWCC will be covered under the City's insurance program; 5. The City will provide use of currently available and owned outdoor stage, bleachers, canopies, portable sound system, flatbed utility trailer, tow vehicle and generator at Steel Lake Park during the Event; 6. The City will provide maintenance support for site preparation, and logistical support and cleanup as outlined in the document entitled "2002 Projected Family Fest Support," attached hereto as Exhibit "A" and incorporated by 1 L-L II. this reference. FWCC Responsibilities. The FWCC shall: 1. Screen all vendors, displayers and other groups participating ("Vendors") for required permits, required executed Vendor Participation Agreement, and proof of insurance coverage as outlined in the document titled "Insurance Requirements for Family Fest," attached hereto as exhibit "B" and incorporated by this reference. In addition, all food vendors or other food handlers are required to obtain Health Department permits. FWCC shall provide to Kurt Reuter, Parks Maintenance Superintendent, by August 16, 2002, a list of all permitted vendors for inclusion in the Event. Without such certificates, a Vendor may not participate in the Event; 2. Ensure that the City of Federal Way is named as additional insured on all Vendor certificates of insurance. Copies of all insurance certificates will be provided to the City liaison, Kurt Reuter, Parks Maintenance Superintendent, by August 16, 2002, for inclusion in the Event. Without such certificates a Vendor may not participate in the Event; 3. Once a Vendor has provided all necessary permits, waivers and insurance, FWCC shall provide the Vendor with identification (such as a sign to display in booth) indicating compliance with such requirements. FWCC shall ensure that such identification shall be displayed at all times during the Event; 4. Provide a detailed site plan and final time line of the Event by August 16, 2002, to the City liaison, Kurt Reuter, Parks Maintenance Superintendent; 5. Provide logo identification on all marketing materials developed to promote the Event; 6. Provide booth space at the Event for promotion and sale of products by the City of Federal Way's Parks, Recreation and Cultural Services Department; 7. Provide volunteer assistance in repairing any damage to Steel Lake Park and Steel Lake Annex that may occur during the Event; 8. FWCC agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this MOU to the extent caused by the negligent acts, errors or omissions of the FWCC, its partners, officers, shareholders, agents, employees, invitees, or volunteers, or by FWCC's breach of this MOU. FWCC waives any immunity that may be granted to it under the Washington 2 C-3 State Industrial Insurance Act, Title 51 RCW. FWCC's indemnification shall not be limited in any way by any limitation of the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. This MOU contains the obligations of both parties for Family Fest and may not be changed or modified except by written agreement by both parties. David Moseley, City Manager P. O. Box 9718 33530 - 1st Way South Federal Way, WA 98063-9718 APPROVED AS TO FORM: City Attorney, Bob Sterbank ATTEST: City Clerk, N. Christine Green, CMC Stephen Percival, President Federal Way Community Council 3 C-L-( EXHIBIT A 2002 PROJECTED FAMILY FEST SUPPORT PermitslRentals (In-Kind Value) *Waiver of Special Events Pennit Stage and Canopy Rental (based on commercial rental rate) **Liability Insurance Generator (s) Portable Sound System ($100.00 per day) Canopies: 1-10 x 10 for FWCC information booth I - lOx 20 for main stage changing room 1 - lOx 10 for Beach Stage 1 - lOx 15 for VIP Parade Viewing Area 1 - lOx 10 for Sound Technician $ 800.00 $ 3,000.00 $ 2,500.00 $ 100.00 $ 300.00 $ 500.00 Total $ 25.00 $ 130.00 $ 30.00 $ 7,385.00 Temporary Business License Electrical Permit Ternporary Sign Permit *Based on using a part ofthe park (we do not have a fee structure in place for using the whole park). **Currently under City insurance, with a $5,000 deductible. Materials & Supplies an-Kind) Garbage bags/Restroom supplies Wetting agent for soccer field Miscellaneous supplies Total $ 200.00 $ 130.00 $ 400.00 $ 730.00 Staff Support (In-Kind Value) Pre-Event Site Preparation Relocate bleachers and tables Erect barricades and snow fencing (120 feet of fencing) Paint sprinkler heads and identify water lines Deliver stage, canopies and portable sound system Setup of stage and canopies Assist carnival vehicles on-site and setup Deliver generator, set out garbage containers 4 people, 4 hours 2 people, 6 hours 4 people, 8 hours 3 people, 6 hours 8 people, 16 hours 2 people, 6 hours 2 people, 3 hours 40 hours full-time @ $27.00thour" 60 hours part-time @$12.10thour" I 00 hours Total: $ 1080.00 $ 726.00 $ 1,806.00 Event Support Friday: Monitor park, garbage pick-up 11:30 a.m.-IO:OO p.m. 4 people, 10 hours &5 4 EXHIBIT A (Continued) Saturday: Assist with vendors on and off fields, monitor park, garbage pick-up 7:00 a.m.-3:30 p.m. 1:30 p.m.-IO:OO p.m. Deliver/set up tables and chairs on flatbed trailer for Parade Reviewing Stand Sunday: Monitor park, garbage pick-up, assist vendors off fields, take down canopies II :00 a.m.-8:00 p.m. 94 hours full-time @ $27.00/hour'; 50 hours part-time @ $12.10/hour .; 144 hours Total Post-Event Take down stage Park clean-up Return bleachers and tables Return stage and any other equipment 48 hours full-time @ $27.00 /hour .; 32 hours part-time @ $12.10/hour'; 80 hours Total Administration Parks Maintenance Superintendent, 40/hr. X $46.00 ., Total 4 people, 8 hours 4 people, 8 hours 2 people, 2 hours 4 people, 9 hours $2,538.00 $ 605.00 $3,143.00 10 people, 2 hours 4 people, 8 hours 4 people, 4 hours 4 people, 3 hours $1,296.00 $ 387.20 $1,683.20 $ 1,840.00 ., (Hourly pay rates are based on average wage for superintendent, full time, and temporary seasonal maintenance workers. Benefit costs of28% for full time and 10% for temporary staff are also included.) Loss of Revenue Picnics (at capacity) Tournaments (at capacity) Total Total In-Kind Total Lost Revenue GRAND TOTAL: Other Impacts to the City: 7 days lost use of Steel Lake soccer fields 4 days lost use of Steel Lake softball fields Compaction damage of park turf and soccer field Utilities (water and power consumption) for 4 days C-lo 5 $ 900.00 $ 390.00 $1,290.00 $16,587.20 $ 1.290.00 $17,877.20 EXHIBIT B City of Federal Way Risk Management Division Insurance Requirements for Family Fest 2002 Insurance Requirements for contracted vendor or booth participants at Family Fest are as follows: TYPE OF ACTIVITY AND EXPLANATION INSURANCE REQUIRED 1. Non-profit, information only booth. No insurance needed. Mutual indemnity clause only. 2. Non-profit and/or service club sales, game or No insurance needed. Mutual indemnity exhibit booth, NO FOOD. This category clause only. includes home based craft sellers, entertainers contracted on a flat fee basis to provide music, magic shows, Velcro tunnel, gyro-tron and the like. 3. Non-profit and/or service club FOOD $2,000,000 combined single limit general BOOTH. liability, products liability and personal & bodily injury insurance required. 4. Cornmercial sales booth. $2,000,000 combined single limit general liability, and personal & bodily injury insurance required. 5. Exceptional overnight use of park facilities as $2,000,000 combined single limit general approved by the Director of Parks, Recreation liability, and personal & bodily injury and Cultural Services. insurance required. If liquor will be served, additional insurance will be required. 6. Commercial FOOD BOOTH or trailer. $2,000,000 combined single limit general I. Limited and/or retail food classification. liability, products liability and personal & These are commercial food exhibitors that do bodily injury insurance required. not utilize a cornplete kitchen; they sell a small number of specialty items, the potential health risk to the public is low, the opportunity for human or bacterial contamination is limited, i.e., popcorn, snow cones, cotton candy, prepackaged frozen ice cream. 2. Regular food service classification. These are commercial food exhibitors that utilize a complete kitchen; a full menu is available, $2,000,000 combined single limit general food items may be prepared on site; the liability, products liability and personal & potential health risk to the public could þe bodily injury insurance required. serious or dangerous if the foods were improperly prepared; it involves the preparation of potentially hazardous foods, i.e., dairy products, meat, fish, cooked vegetables, etc. 7. Commercial game booth or event, i.e., $2,000,000 combined single limit general carnival type games of change. This category liability, products liability and personal & includes any ANIMAL rides, petting zoo, bodily injury insurance required. pony ride, llama ride and the like 6 &1 Insurance Requirements for Family Fest (continued) TYPE OF ACTIVITY AND EXPLANATION INSURANCE REQUIRED 8. Commercial rides, i.e., carnival rides, $5,000,000 combined single limit general including helicopter rides, tethered balloon liability, products liability and personal & rides, bungee seats and the like. bodily injury insurance prefeI1'ed, minimum of $2,000,000 required. Other specialized insurance may be required in addition. NOTE: It is understood that at the discretion of the Management Services Director, based on hislher knowledge of the events and activities and risks involved, and based upon the above guidelines, increased levels of insurance may be required for a particular activity or event. All insurance certificates shall show the City of Federal Way named as additional insured as insurance coverage pertains to the activities described above. C:-~ 7 5.E FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: June 18, 2002 To: From: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of policeO t -;l¿ David ~nager Target Corporation Grant/Donation Award Via: Subject: Received Donation: The Target Corporation's Assets Protection Division has donated more than $1 million dollars to law enforcement agencies throughout the country. On April 10, 2002, the Federal Way Police Department was awarded a donation of $400.00 dollars from the Target Corporation to be used toward the purchase of a HP Printer Scanner Copier Fax combo device. One of our Sea- Tac Mall contract officers, Thaddeus Hodge, submitted the original application for this donation. Only two police departments in our region, Bellevue and Federal Way, were selected this year to receive this award. Officer Hodge and Lieutenant Chris Norman accepted this monetary award on June 17, 2002 at the Mervyns department store at Sea- Tac mall. Mervyns is a subsidiary corporation of the Target company. This donation is in the form of a business check and becomes void after 90 days, from May 9, 2002. This award/donation can be used to obtain the required equipment and facilitate some of the general operations of the contract officers at the Sea- Tac Mall office. We respectfully request the Public Safety committee accept this generous donation on behalf of the Police Department. Committee Recommendation: Authorize the Public Safety Department to accept the donation of $400.00 from the Target Corporation to be used toward the purchase of a HP Printer Scanner Copier Fax combo device, and forward to full Council for approval at the July 16,2002 Council meeting. APPROV AL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member G-.l. i/lcamden/agendalO21102/Info-PSO vehicles to Dodge Inrepids.doc FEDERAL WAY CITY COUNCIL S.E PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: July 08, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of POliceO,ç ~ David ~~nager The 2002 Bulletproof Vest Partnership Grant From: Via: Subject: Back~round: Since 1999, the Department of Public Safety has had the good fortune to benefit from several bulletproof vest awards from the Office of Justice Programs (OlP). Once again, I am pleased to announce that we have been granted an award of $23,244.36 for the 2002 Bulletproof Vest Partnership Grant Program. Compliance will remain the same as previously required by OJP, including the local match of 50%. It is our intent to offset this local match with savings carried- forward to FY 2002 and savings from salaries and benefits. With the 2001-2002 Mid-Biennium Adjustments approval to increase staffing levels for police officers and police support officers, several vacancies, and the necessity to replace vests that are or have exceeded their five-year shelflife, we are anticipating the need for additional bulletproofvests. The Department has identified Second Chance Body Armor as the vendor. They provide a higher threat level, as well as a female fitted vest. The Pierce County Sheriff s Office, by means of a bid process, have already negotiated a contract with Second Chance Body Armor. The City of Federal Way currently maintains an interlocal agreement with Pierce County. For that reason, our intent is to piggyback Pierce County's bulletproof vest contract. The Department is requesting approval to accept the 2002 Bulletproof Vest Partnership Grant for $23,244.36 including authorization to purchase vests totaling approximately $46,488.72. Funding for the vest will be a 50% split between the federal award and Department budget adjustment and saVIngs. Committee Recommendation: Motion to approve and accept this request for the 2002 Bulletproof Vest award in the amount of $23,244.36 including authorization to procure vests at an estimated purchase cost of $46,488.72 using the Federal award and Department budget savings ($23,244.36). Please forward to full Council for consideration at its August 06, 2002 meeting. APPROVAL OF COMMITTEE REPORT: .. . Committee Chair Committee Member.. Committee Member iIlc/agenda/ps/070802/bulletproof vests 2002 \=-J- 5.G FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: July 8, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne Kirkpa,trick, Chief of Police Qr¿ f({ David ~ager Local L:W En~c~~ent :IOCk Grant (LLEBG) 2002 Application Via: Subject: Information Only: Since our commencement in October 1996, the Department of Public Safety has had the good fortune to benefit from several LLEBG awards administered by the Bureau of Justice Assistance (BJA). This opportunity has once again presented itself to us. The 2002 LLEBG application period opened on June 5, 2002 and will close July 17,2002. BJA has earmarked $67,013 for the City of Federal Way with a local match of $7,446 identified as 2001 budget savings and carried-forward to FY 2002. The total award is $74,459 and is for a two-year period. The purpose of this memo is to inform you that it is the Department's intent to make application for the 2002 LLEBG award. At this time, the Department is in the process of reviewing and prioritizing our needs to establish the most beneficial use of this award. Upon notification from BJA that the Department has been awarded this grant, the Department will return to PRHS&PS Council Committee for authorization to move forward to full City Council. (;-l- ill carn denl ag enda/07 0802/200211 e bgapp 1 i cation. doc S.H FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: July 8, 2002 Via: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of POliCQ E ~ K . David ~nager 2002 Washington Traffic Safety Commission Click It Or Ticket Grant To: From: Subject: Back~round: Washington State has been chosen as one of thirteen states to receive special funding for a "Click It Or Ticket" campaign. This highly-visible patrol targeted seat belt enforcement. The campaign model showed an increase in usage rates for seat belts and child restraints thereby decreasing death and serious injury on roadways across the nation. The concept starts with a statewide public information effort to educate motorists about the upcoming seat belt enforcement wave and is followed by an intensive period of zero tolerance emphasis patrols. This combined media and enforcement effort has the potential to be the largest mobilization oflaw enforcement in the history of Washington State. Washington Safety Commission (WTSC) announced the availability of funds for patrol overtime reimbursements. Between OS/20/02 - 06/02/02, the Department of Public Safety participated in this worthy venture, contributing 39.5 hours to the special patrol emphasis. The additional hours will result in a reimbursement request of$2,024.1 O. WTSC will reimburse the grantees after submission of proof of payment. The Department is requesting approval to accept the 2002 WTSC "Click It Or Ticket" reimbursement of overtime in the amount of $2,024.1 O. Committee Recommendation: Motion to approve and accept this request to accept the 2002 WTSC "Click It Or Ticket" reimbursement in the amount of $2,024.1 O. Please forward to full Council for consideration at its August 6, 2002 meeting. APPROV AL OF COMMITTEE REPORT: :,:::,,:. Committee Chair Committee Member Committee Member \1-.1- I/LAlJRAlMS/AGENDAIPS/O70802/02WTSC/Seat Belt Click It Or Ticket FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY 5.1 Date: July 08, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Via: Anne Kirkpatric David Moseley , L./' v- ). 1!OI!tJ-. Subject: 2002 Dry Cleaning Contract Backf!round: Since 1996, we have provided dry cleaning services for both uniform and plainclothes duty assignment. We have recently completed a Request for Proposal for Police Uniform and Plainclothes Dry Cleaning Services and as a result, we received eight responses. Our recommendation, pending final review from the Legal Department, is to award the contract to Regency Cleaners for an annual compensation of $35,000.00 per year, effective January I, 2002 through December 31,2004. Payments will be charged against Custodial and Cleaning Services appropriated in the Support Services Administrative Budget (001-21000-094-521-11-415). Regency Cleaners was the lowest bidder and the most qualified based on the criteria listed in the Request for Proposal. Ability and history of successfully completing Responsiveness contracts of this of the written type; meeting quote to the projected purpose and deadlines and scope of experience in service. Price similar work. Total Criteria Criteria (40%) (30%) (40%) Weight 100% Bel Custom Cleaners 35% 20% 25% 80% Best Campus Cleaners 10% 20% 0% 30% Enviro-Clean Drycleaners 20% 20% 20% 60% Hillside Plaza Cleaners 10% 10% 0% 20% Holiday Cleaners 15% 25% 0% 40% King Cleaners 20% 20% 0% 40% Pro 2 Cleaners 20% 15% 0% 35% Regency Cleaners 35% 30% 30% 95% Committee Recommendation: Motion to award the Dry Cleaning Services Contract to Regency Cleaners in the annual compensation of $35,000 effective January I, 2002 through December 31, 2004. Please forward to full Council for consideration at its August 6, 2002 meeting. Ä.PPROV AL OF COMMITTEE REPORT: Committee Member Committee Chair Committee Member iIlc/agendaips/070802/2002 drycleaning 'T-~ 5.J City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: July 08, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Via: Anne Kirkpatrick, Chief of Police Q. (, fe J David Mo~nager . Federal EqUita~ ~har~g Agreement Subject: Background: The existing three-year Federal Equitable Sharing (FESA) is due to expire on September 30, 2002. In order for the Federal Way Department of Public Safety to continue to receive federal funds from joint drug operations with the federal agencies (FBI or DEA), a new three-year agreement must be executed. This is applicable to all local, county, and state police agencies that want to share cash or property proceeds. The U.S. Department of Justice gives local, county, and state agencies until October 1, 2002 to execute the agreement. Federal funds can be used for variety of ways such as to enhance future investigations to purchase equipment and training. There are tremendous benefits to the City for having a valid FESA agreement in place. Over the past three years, our agency has received federally forfeited funds on joint operations with the federal government and expects to continue sharing proceeds from joint operation. The sharing of assets with the federal government will enhance the police department's ability to investigate narcotic related crimes. Start-up Costs: There are no costs to the City for entering into this agreement. Committee Recommendation: Motion to approve the three-year Federal Equitable Sharing Agreement with the U.S. Department of Justice and forward to full Council for consideration at its July 16, 2002 meeting. APPROVAL OFCöM1\UTTEE REPORT: Committee Chair Committee Member Committee Member 3-~ ""::,,",',,,i(IJ-!a:;i;ij¡;,:,'A,,(!¡J;ol¡;::, f in..; :"'::¡¡,-.' .' . ,"i.:'~';¡;~j"~"j:'¡';:-;';;'0.;,:¡1:10' .'/"",.0:1*",\4,',,-,'0,","""""<~.n'.""""r,':I""',,,'.,,"," ",...,. "" .:""., ""-',"""r~,".'M',',"" ,", ,"',','" .,,' "~."'~\tf,',:",'¡f',tf.,~,~""-"",",,,,',(;+'WI,",',';¡!"',:~O¡ m ~tlt'~."1" !it, 'Ït ÄÛD :THRÛ SmEMBEiuo, !I'Øò5~!r'éL"':!:;" "',, ~ Fèderal Equitable Sharh1g Agreement . . Law Enforcement Agency: {"£/JeRRi WAr f)él'T. ()f fJuit.ic SF/FEr,! rS!f Police Departme~t 0 Prosecutor's Office 0 Sheriffs OfficelDepartment 0 Other 0 Check if New Participant 0 Task Forcel Contact Person: BRJA+I W/l_S:ONI ~ý OIIEI=E-mail Address: B~JIMI. 4hL$øN £JCt: I=SÞZte4/.-i,.,A¥-- wII Mailing Address: ~8 (Street) Cf TH AVE. $ FEf)EIML WA'1 (City) , WA (Stale) q BooB (Zip Code) Telephone Number: (...25"'3) ~"I- L/t.D7- Fax Number: ( ~.3 ) ¿t?1 - Ll6 SS- Agency Fiscal Year Ends on: _Oe:CEm8EIL 31 (Month/Day) NCIC/ORlfTracking No.: W A 0\ ï 3 6øø This Federal Equitable Sharing Agreement entered into among (1)' the Federal Government, (2) the above-stated law enforcement 'agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use offederally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requiremen~ for participation in the federal equitable sharing prograrn. 1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be subnútted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. . U.S. Department of JusticelACA Program 10th and Constitution Avenues, NW Criminal DivisionlAFMLS Bond Building, Tenth Floor WashiÌ1gton, D.c. 20530 Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW. Suite 700 Washington, D.C. 20220 E-mail address: treas.aca@teoaf.treas.gov Fax: (202) 622-9610 2. Signatories. This agreement must b~ signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably-shared cash, property, or proceeds. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a TD F 92-22.46) subnútted by the requesting agency. ' 4. Transfers. Before the undersigned law enforcement agency transfers cash, property. or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the Department of Justice and tht: Department of the Treasury as in item I. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. . 3-7- I Attach I ist of member agencies with their addresses and indicate lead agency. , ". , ' , , , " " ,'.' ','d' ¡ , ',,: ',',', ,0' '" . , ,', , ; 0: " ' ,. ' ' 5. _J~tel"rI~1 Cóntrciis. ,The parties agree to account sepárately i~rf~d~~l ~quitabìe ~h~rfug funds recei~ed' fÌ"om the DeP~rtme~~' 6P "", Justice and- the-Department oftheTn~asUi-ÿ.FUrids frö-rns~teandlocà1foi'feit\ìï'e'S and other sources must not be coß1ßÙngled with -- -_.:.- federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local. Department of Justice, and the Depaitment of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide). and the Department of the Treasury's Guide to Equitable Sharingfor Foreign Countries and Federal, State. and Local Law Enforcement Agencies (Jreasury Guide). The accounting of shared funds must be submitted in the fonnat shown on the Annual Certification Report contained in both the Justice and Treasury Guides. . The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. . 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification must be submitted in accordance with the instructions received fÌ"om the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving any equitably-shared cash, property, or proceeds. . 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-B3. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. 8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agréement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? aVes ~ No (If you answered yes, attach relevant infonnation. See instructions.) 8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? ø Yes 0 No . (If you answered yes, attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or TreasuT)' Guides and the National Code of Professional Conduct for Asset Forfeiture. Name(~ri~t'or'~- Governing Body Head or Authonzed Repres~nta1ive Name (Print or Type) Date Law Enforcement Agency Head or Authorized Representative )at" (Signature) ,Signature) --- Title lPrint or Type) Title (Print (tr Type) A~OVE~RM , . Bob ~ , Cé'ffi Í!f!f!B9!H€§f1Il0lf11ätlulI Act and may be released to requests under 5 V,S.C. § 552. 3-3 . Mårch '2002~ :'. , --'~1~~J~H~:!+~~:rlr --- -.. ,- - .- - ----------- ---------- ----.. ':'. ~:;<~~1M~ll;~~i1.~?t51tifL'~~!~~~]~~tl~¡:~T:'!t~~!:: ;- ';:.::-~.;': .;~~r~:r~:;~~?~tf":f~:-r:i~I;-:~!'i~¡'.':1!,'--:;.i FEDERAL EQUITABLE SHARING AGREEMENT Answer to Question 8(b) Michael Boutte v. Federal Way Department of Public Safety; racial discrimination; pending before the Equal Employment Opportunity Commission. 3~~ - "!;::~_~L - ~"-. ,,: :":~~r;~deraIEqU;~t~¡b;le ,Sha:~irig1AgräJhlèht" Instructions (Please retain these instructions for your records.) Law Enforcement A-gency: Enter the complete name of your state OJ: local law enforcement agency (e.g., Anytown Police Department). This must be consistent with the DAG- 71. Check the appropriate box to indicate type of agency. Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if designated. ' ' New Participant: Check this box if your agency has never received any cash, proceeds, or property from the equitable sharinKprogram. ' Contact Person: Enter the name of the person who can provide additional infonnation on the sha~ng agreement fonn. E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency. Mailing Address: Enter your agency's complete mailing address (number, street, city/town, state, and zip code). Telephone Number: Enter the phone number of the contact person, including area code and extension. Fax Number: Enter your agency's fax number including area code. , Agency Fiscal Year Ends on: Enter the 'ending date (month/day) of your agency's fiscal year; e.g., 6/30. NCIC/ORI/Tracking No.: Enter your valid FBI-issued National Crime Infonnation Center (NCIC)/ORI code-e.g., CAOOOOOOO-or tracking number assigned by AFMLS. Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement agencies that receive federal financial assistance from the Department of Justice (DOJ) are subject to the pr~)Visions of: (I) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin (2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the båsis of disability; and (4) the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. . Federal firiancial assistance includes funds, training and technical assistance, logistical support, and property transfers from DOJ including equitable sharing. Agencies receiving assistance are required to pennit DOJ investigators access to records and any other sources of infonnation as may be necessary to detennine compliance with c,ivil rights laws. If the "yes" box is checked i~ 8a and/or 8b, provide the following information: the name of the case; a summary of the complaint; and the status of the case. For example: Jones v. Any town Police Department; sex discrimination; settled. Please do not send a copy of the complainL Law Enforcement Agency Head or Authorized Representative: The head of your law enforcement agency (or the authorized representative) must sign and date the fonn. (Examples of law enforcement agency head or authorized representative include the following: police chief, district attorney, sheriff, undersheriff, deputy chief.) Name and title of the signatory must be printed or typed. By ~igning the agreement, the head of the law enforcement agency (or the authorized representative) certifies that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program. Gov~rning Body Head or Representative: The head of your governing body (or the authorized representative) must sign and date the fonn. (Examples of governi~ng body head or authorized representative include the following: city manager, county executive, mayor, county judge.) Name and title of the signatory must be printed or typed. By signing the agreement, the head of the governing body (or the authorized representative) certifies that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutf and guidelines which regulate the equitablé sharing program. For purposes of this fonn, a governing body is an institution or organization that has appropriations authority-that is, the agency that gives your agency its budget-over the state or local law enforcement agency. A law enforcement official should not sign for the governing body unless he/she has appropriations authority. 3-5 Mim;h200;!,- '-