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PRHSPSC PKT 06-10-2002 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, June 10, 2002 4:00 p.m. City Hall Council Chambers AGENDA 1. 2. CALL TO ORDER PUBLIC FORUM COMMISSION COMMENTS Action Miller Action Kirkpatrick Information Sterbank Action Sterbank Action Kirkpatrick Action Assefa-Dawson Action O'Donnell Action O'Donnell 3. 4. APPROVAL OF MAY 13,2002 SUMMARY COMMITTEE BUSINESS 5. A. Regional Disaster Plan for Public and Private Organization In King County B. Renton Jail Services Interlocal Agreement C. Oxford House Issues D. Yakima County Jail Services Interlocal Agreements E. City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training F. 2002 Human Services Commission Work Plan G. 2003 CDBG Pass - Through Acceptance H. Renewal ofInterlocal Cooperation Agreements for HOME Consortium and King County Development Block Grant (CDBG) Consortium 6. PENDING ITEMS . King County Funding of Parks and Pools . Internet Safety . Future Development of 5 Acres at Celebration Park . Lakota Park 7. 8. NEXT MEETING - Monday, July 8, 2002 ADJOURNMENT Committee Members: Linda Kachmar, 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, May 13, 2002 4:00 p.m. SUMMARY In attendance: Council Committee members Chair Linda Kachmar, and Michael Park, Mayor Jeanne Burbidge, Staff: Donna Hanson, Assistant City Manager, Derek Matheson, Assistant City Manager, Brian Wilson, Deputy Director of Public Safety, Bob Sterbank, Director City Attorney, Pat Richardson, Deputy City Attorney, Kelli O'Donnell, CDBG Coordinator, Jon Jainga, Park Planner, Kurt Reuter, Superintendent Park Maintenance, Mary Faber, Superintendent Recreation and Cultural Services, Mary Jaenicke, Administrative Assistant. Excused: Council member Mary Gates. Guests: C.T. Purdom, Chair Parks and Recreation Commission, Don Dennis Parks and Recreation Commission, George Pfeiffer, Parks and Recreation Commission, Ron Secreto, Human Services Commission, Donna Welch, Chair Arts Commission, Faith Noble, Resident. Chair Kochmar called the meeting to order at 4:02 p.m. PUBLIC FORUM George Pfeiffer spoke in support ofItem H, which is the 200112002 Capital Improvement Project- Lakota Park additional field lighting to soccer field. He stated that lighting is inadequate, and this would be a major step to increase the usage of these fields. COMMISSION COMMENT . Kelli O'Donnell introduced Ron Secreto, the new alternate on the Human Services Commission. Donna Welch stated the Arts Commission is working on their budget. APPROVAL OF SUMMARY Chair Kochmar and Council member Park approved the April 8 meeting minutes. BUSINESS ITEMS Washin¡:ton Campail!n to Promote Racial Justice Matheson stated that in February, the Association of Washington Cities (A WC) sent a letter to cities regarding the campaign to promote racial justice. This is an effort to create a greater understanding of racism and remove barriers. The Diversity Commission was asked to review the program. This program is a networking opportunity for Washington Cities on diversity issues. It asks cities to create racial justice and diversity efforts. The campaign is very similar to the Diversity Commission's purpose and mission statements. Matheson reviewed the three strategies of this campaign. Matheson is not recommending that the city participate in their pilot project, because the City has already taken steps in addressing theses issues. This program would allow Federal Way to take advantage of other cities' knowledge, and to share the commission's experiences with other cities. The Diversity Commission recommends that the City Council authorize the city to join the A WC Campaign using the Diversity Commission mission statement as the city's pledge statement. Matheson will be the contact person, and there are no expenditures from the City. Council member Park moved to place this item on the May 21 City Council agenda with a recommendation that the full City Council authorize Federal Way to join the A WC Campaign for Racial Justice using the Diversity Commission mission statement as the city's pledge statement. Kochmar seconded. Motion passed. Authorization to Enter into Interl!overnmental Al!reement with Washinl!ton State Department of Personnel- Retreat Facilitator O'Donnell stated that the Human Services Commission has used Debbie Rough-Mack as the facilitator of their annual retreats for the past five years. The City Attorney's Office advised the commission that City Council approval is required because Rough-Mack works for the Washington State Department of Personnel. The City's PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, May 13 Summary Page 2 Attorney Office reviewed the intergovernmental agreement between the two government entities. The changes recommended by the City Attorney's Office have been incorporated into the agreement and approved by the Washington State Department of Personnel. Park moved to authorize the City Manager to execute the Intergovernmental Agreement between Washington State Department of Personnel for retreat facilitation and forward to the City Council for consideration at its May 21, 2002 meeting. Kochmar seconded. Motion passed. Request for Proposal- Police Dry Cleaning Services for Uniforms and Plain Clothes Brian Wilson informed the Council Committee that the Department of Public Safety is processing a Request for Proposal to provide dry cleaning services of Uniform and Plainclothes. In the past the contract has been for uniforms only. The plainclothes dry cleaning services are intended for Command Staff and Detectives. The Department will come back to the Council Committee when the bids have been received. Dumas Bay Restoration Project Final Cost Estimate/Authorization to Bid Faber reported that on April 9 the City Council approved the final design for the Dumas Bay Restoration Project. Faber stated that the final cost estimate has not changed, but they have not asked for authorization to bid. The funding sources are from the general fund budget, and the ALEA Grant. Chair Kochmar asked how Faber was going to go out to bid. Faber answered she would follow the purchasing process for bids. Council member Park moved to recommend to Council a "do pass" to accept the final cost estimate in the amount oC$516,822.00 Cor the Dumas Bay Restoration Project, approve the public bid process and to place this tem be Core Council on June 4, 2002. Chair Kochmar seconded. Motion passed. Sae:halie Junior Hie:h Interlocal Ae:reement Amendment Reuter reported that during the summer of2001, City staff was performing repairs to the irrigation system at Saghalie Park. During the work, staff discovered that the water meters were incorrectly marked. Staff from the City, Federal Way School District and Lakehaven Utility District met on site to confmn the correct identification of the water meters. The amendment to the Interlocal Agreement formalizes and documents these corrections. The City of Federal Way law department prepared the Amendment. Council member Park moved to recommend to Council a "do pass", to accept approval of the First Amendment to the Interlocal Cooperative Agreement Between Federal Way School district No. 210 and the City oCFederal Way and place this item beCore Council on May 21~ 2002. Chair Kochmar seconded. Motion passed. Parks and Recreation Commissions Recommendation Cor a Parks 6-year Capital Improvement Plan Reuter reports the Parks and Recreation Commission 6-year CIP sub-committee held a public meeting, and has met several times in the past months. The commission toured all of the city's neighborhood and community parks. They also looked at the condition of the parks, their uses, and evaluated future needs for athletic fields, . neighborhood parks and trails. Chair Kocbmar asked what is the commission's highest priority. Chair Purdom responded the highest priority is getting more use out of the athletic fields. This includes the all weather turf, and increased lighting. Discussion was held regarding King County Parks. . Reuter stated that the County has sent a letter requesting that a meeting take place with County representatives to discuss what the interest is on the part of the City to maintain and operate and/or take ownership of the five County properties within the City's PAA. The pools were not mentioned in this letter. Chair Kochmar stated that if this were to òccur, and the County was to turnover the operations of the Parks, there would need tobe a discussion on priorities. Council member Park would like a brief report/presentation at the June 4 City Council meeting. This report/presentation will include further elaboration on the priorities of the 6 year CIP plan, and emerging issues with King County Park District. 2002 Interlocal Ae:reement for Waterfowl Manal!ement Prol!ram The purpose of this agreement is to provide the joint funding to contract with the Wildlife Services Program of the U.S. Department of Agriculture to manage the Canada Geese population within King County. The plan will include an egg addling program, lethal control, and population monitoring. The City participated in this program last year. The City's contribution is limited to $3,400. Reuter stated the program was very effective last year. Chair Kochmar asked Reuter to explain the egg addling. Reuter responded that egg addling is an oil treatment that is put on the eggs to prevent them from hatching. Council member Park moved to approve the 2002 Interlocal Agreement for Waterfowl (Canada Goose) Management Program and Corward to Cull Council at the May 21 meeting Cor consideration to authorize the City Manager to execute the Interlocal Agreement. Chair Kochmar seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, May 13 Summary Page 3 2001/2002 Capital Improvement Project - Lakota Park - Additional Field Lil!htinl! to Soccer Field Jainga reported that Lakota Park is scheduled for repairs. Two additional light poles will be installed. The installation of these poles will increase field usage and safety. Jainga would like to start advertising this project as soon as possible. When the bidding process has been completed, Jainga will come back to the Council Committee with the full cost and a breakdown of all the bidders. The goal is to have the lights installed by September. Council member Park moved approval to publicly advertise the Lakota Park Field Lighting Repair project for the public bid process and forward to full Council for consideration at its May 21 meeting. Chair Kochmar seconded. Motion passed PENDING ITEMS Deputy Chief Wilson was asked to update the committee on the past weekends activities. Wilson responded that the Public Safety Department had a very successful and productive week. The search warrants that were issued for stolen fuearms were very successful. They had warrants for four different residences. Three out of the four locations turned up stolen fuearms. They are now matching the recovered fuearms to burglaries in the City. At the same time this operation was going on, there were two armed robberies that occurred. A patrol officer spotted a vehicle involved in a carjacking at the Pointe of Redondo. Four suspects were eventually arrested. The department is able to link six robberies, a home invasion robbery, carjacking and six other crimes that these four individuals committed over a period of 36 hours. The department is familiar with these people. They are from this area. There were three commercial burglaries on Friday night. After the third burglary, the police apprehended the suspect with evidence from that burglary. Council member Park asked about the possibility of the department hosting another gun buy back program. Wilson answered that this was certainly something the department could pursue. Wilson stated that promoting gun safety and security in the City is also an effective campaign. Reuter reported that in reference to King County Parks, the draft proposal is due to the Executive's office on June l2. NEXT MEETING June 10,2002 - Council Chambers. ADJOURNMENT Meeting adjourned at 4:58 p.m. S.A CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: June 10, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Ken Miller, Deputy P. blic Works Director ~ Via: Subject: Regional Disaster Plan for Public and Private Organization in King County Backl!round: State law WAC 118.06-30 and RCW 38.52 authorizes and directs cities to have emergency management plans, but provides minimal guidance to special purpose districts, businesses and non-profit agencies. The Regional Disaster Plan will allow potentially hundreds of entities to behave in a coordinated manner following a severe disruption. Participation in the Regional Disaster Plan is voluntary and a list of the signatories to date is attached. Participation in the plan provides a legal framework within which organizations in King County can share resources in times oflarger scale emergencies. There are five documents included in the plan: . The Omnibus Legal & Financial Agreement The "Basic Plan" Appendix 1: Direction and Coordination Emergency Support Function 1: Transportation Emergency Support Function B: Health and Medical Services . . . . The Omnibus Legal & Financial Agreement has been developed to provide the legal platfonn for resource sharing among participating organizations. A complete copy of the Regional Disaster Plan is available in the Council offices. The following information is attached in the memo: . Regional Disaster Plan for Public and Private Organizations in King Comity (infonnation sheet) Plan Executive Summary Frequently Asked Questions Signatory Document Sheet Omnibus Legal & Financial Agreement Signatories to the Plan . . . . . A presentation on the plan will be made by Laurel Nelson, Regional Planning Program Coordinator, at the June 10, 2002 committee meeting. (\- \ Committee Recommendations: Staff recommends the committee approve the plan and forward to the July 2, 2002 Council Consent agenda: 1. Authorize the City Manager to execute the signatory documentation sheet adopting the Regional Disaster Plan. 2. Authorize the City Manager to execute the Omnibus Legal & Financial Agreement between the City of federal Way and other subscribing members to the Regional Disaster Plan for Public and Private Organization in King County. KM:dl k:\prhsps\regional disaster plan-king co':ß1ty.doc ~-L. Regional Disaster Plan for 'Public and Private Organizations in King County What is the Plan? . Elected officials from Seattle, Suburban Cities and King County, serving on the Regional Policy Committee of King County, passed a motion in October 1998 to initiate the development of a regional disaster plan for King County . The plan will provide the framework needed to inter-link the emergency response plans of a wide range of organizations . The plan will allow potentially hundreds of entities to behave in a coordinated manner following a severe disruption; "who is going to do what" . Representatives from local government, specific emergency functions, schools, private sector, hospitals and other stakeholder groups have been involved in creating this plan . The plan emphasizes collaborative response operations that capitalize on geographical coordination within the county that are already utilized by fire and emergency medical services . This plan will streamline the information necessary to assess the county-wide impacts of disasters and increase the speed and efficiency of the relief effort . It will also assist with larger scale emergencies such as large aircraft accidents or hazardous material incidents Your Role as an Elected Official . As an elected official, who establishes public policy for your jurisdiction or agency, you have an obligation to ensure the safety of your community and citizens . State law (RCW 38.52) requires incorporated cities to have emergency management programs . However, minimal guidelines exist formulti-disciplinary or multi-jurisdictional response involving municipalities, fire districts and private industry . To ensure proper emergency response to the citizens of King County, regardless if they reside in a city, district or unincorporated area, the region needs to be prepared to work together . Elected officials support for this regional planning is CRUCIAL to the success of these efforts Timeline & Goals . Some jurisdictions and agencies in the four different county zones have been working on developing their collaborative response plans . The completed plan will go to the Emergency Management Advisory Committee (EMAC) prior to being forwarded to all the participating entities for formal approval of the plan . Upon approval from all participants, the plan will move forward to the Regional Policy Committee How You. as an Elected Official. Can Help . Provide the support internally towards your organization's emergency management efforts . Support and participate in the regional planning process . Interact and become involved with your neighboring jurisdictions, agencies and districts regarding emergency management endeavors . Join in the plan when official participation is asked through individual jurisdiction and business sign-on's í\-3 May 24,2001 Elected Officials Disaster Forum Executive Summary King County is 2,134 square miles of diverse terrain with almost 1.7 million people, 39 cities, over 100 other taxing districts (fire, school, water/sewer, etc.), and over 500 elected officials. The county faces periodic river valley and urban flooding events, earthquakes, severe weather, hazardous materials releases, and transportation accidents, and it has the potential to be affected by volcanic and terrorist activity. State law requires that cities and counties have emergency programs, but provides only minimal guidance to special purpose districts, businesses, and non-profits. State statutes offer minimal guidance on multi-disciplinary or multi-jurisdictional disaster responses. The population density, complex system of governance, and significant risks we face (for both natural and technological disasters) create the need to plan for a coordinated response among public and private entities in the county. The Regional Policy Committee of King County, comprised of elected officials from Seattle, Suburban Cities, and King County, passed a motion in October, 1998, that initiated development of a regional disaster plan for King County. This Regional Disaster Plan for Public and Private Ore:anizations in Kine: County provides the framework needed to inter-link the emergency response plans of a wide range of organizations. By conveying "who is going to do what" among all public and private organizations, this plan allows potentially hundreds of entities to behave in a coordinated manner following a severe disruption. The process for creating this plan involved representatives from local government, specific emergency functions, schools, private sector, hospitals, and other stakeholder groups. . The plan emphasizes collaborative response operations, capitalizing on geographical coordination within the County already utilized by fire and emergency medical services. The goal is to streamline the infonnation necessary to assess county-wide impacts of disaster and increase the speed and efficiency of the relief effort. Activation of this plan may be for an intense, localized event, or a widespread regional or catastrophic event. It is intended to be activated in conjunction with other state and local emergency plans. Mutual Aid Agreements are still the "first line of defense" for plan participants. Because mutual aid (sharing with '~like" agencies) may be unavailable during regional disasters, the plan defines the legal and fmancial ground rules for resource sharing among plan. (\-y The Regional Disaster Plan for Public and Private Organizations in King County is being designed using the model of the Federal Response Plan; i.e. basic plan followed by a series of "Emergency Support Functions" such as communications and transportation. The Regional Policy Committee has provided its endorsement ofthe work completed on the Omnibus Legal and Financial Agreement and early drafts of several Emergency Support Functions. The Regional Disaster Planning Task Force has developed three other documents as part of the initial phase of planning work. This "Basic Plan Package" includes: . The Omnibus Legal and Financial Agreement . The "Basic Plan" . The Basic Plan's Appendix 1: Direction and Coordination, and . Emergency Support Function 7: Resource Support. This initial "Basic Plan Package" will be sent to participating organizations for their signatures. Changes to the Omnibus Agreement, the Basic Plan, the Plan's Appendices, or any ESFs will be developed by the Task Force and then reviewed and approved by the Emergency Management Advisory Committee prior to being sent to participating organizations for their endorsement. Following the initial Basic Plan Package, other Emergency Support Functions, or ESFs, for the Regional Plan will be developed. The Task Force has selected four ESFs as their priority for the remainder of2001: . . Health and Medical Services . Communications . Transportation . Debris Management These ESFs will be submitted to all participating entities for review and approval as they are developed. Participation in. the Regional Disaster Plan is voluntary and its success will be dependent upon widespread endorsement of various cities and organizations throughout the County. \'-\-5 Page 1 Frequently Asked Questions (FAQs) Regional Disaster Planning in King County 1. Why do we need a Regional Disaster Plan? King County is 2,134 square miles of diverse terrain with over 1.7 million people, 39 cities, over 120 special districts (fire, school, water/sewer, etc.) and over 600 elected officials. The county faces many natural (flooding, earthquakes, severe weather) and technological disasters (hazardous materials releases, transportation accidents, civil unrest). RCW 38.52.070 requires cities and counties to have emergency management programs, but minimal or no guidance is provided to special purpose districts, businesses and non-profits. With the dense population and complex system of governance and significant risks, disasters present the need to plan for a coordinated response among govemments, non-profits and businesses. .. Potentially hundreds of entities would behave in a coordinated manner during a severe regionaL disruption. This plan focuses exclusively on disaster response and may be applied to any~event that concurrently challenges multiple jurisdictións or multiple disciplines.' 2. What makes this plan different? This agreement pioneers new territory as a cooperative endeavor, in that any private business, nonprofit organization, government agency or special purpose district can choose to be a signatory and participate with this plan. Any regional response in geographic King County will not be "perfect" This plan is an attempt to .create a shared concept for how individual, autonomous private and nonprofit organizations, and government agencies and jurisdictions will work together in times of extreme emergency or disaster. It supplements - NOT replaces - the loea' emergency plans required by state statute. 3. Why is the private sector involved in this plan? Disasters don't respect jurisdictional boundaries, let alone economic environments. The citizens expect that public, private and non-profit entities know how to work together to effectively respond to and recover from a disaster. Whether we represent a public, private or non-profit, we are all stakeholders and interconnected to the continued viability of our communities. The private and non-profit sectors provide services and have resources that are critical during regional response efforts, and their availability and use can be coordinated through this regional plan. 4. Don't we already have mutual aid agreements that exist for this purpose? Very few official mutual aid agreements exit within King County. A number of sewer and water districts participate in the "Washington's Water & Sewer Agencies Mutual Aid Agreement" For the fire service, the "King County Fire Resource Plan" exists. A number of public works departments have also signed on the "Public Works Mutual Aid Agreement" Hazardous material response teams have an existing mutual aid agreement within Zone 4 (between Federal Way and Port of Seattle). Mutual aid is a pre-agreed sharing of resources between entities to support response activities. This plan will go beyond just a mutual aid that provides assistance within a discipline. This plan will facilitate cross-zone and cross-discipline sharing of resources. The typical sort of emergency for which this framework plan is designed will overwhelm the mutual aid systems available on a daily basis. 05/30/02 r\-lp Page 2 5. Does this plan put King County government in charge? This is a voluntary and cooperative agreement. In no way is King County government in charge. The key is coordination rather than control, and the Appendix One to this plan reflects that... "Direction and Coordination." No participating organization has "control" or authority over another except where stated in federal, state or local laws. The "ReQional Disaster Plan for Public and Private Oroanizations in Kino County" may only be initiated by a chief elected official (or their designated representative) of a public jurisdiction or agency. An example of an appropriate use of the Regional Plan may be by: (1) A jurisdiction's formal proclamation of a disaster; (2) A jurisdiction in anticipation of exhausting all normal capabilities, resources and zone mutual aid available to the jurisdiction(s). 6. How can we be sure our personal interests will be protected? All participating organizations, agencies and districts will commit all their available resources to address their internal challenges BEFORE supporting a wider regional response. Participation in this plan does in no way impose any partnership obligation or liability upon any participating organization. Signatory entities that offer available resources and services do so voluntarily, but in the context of working within a coordinated response system. All regional coordination activities will NOT supercede the authority of, or take over the resources, assets, or personnel of those public, private and non-profit organizations. 7. What if there are parts of the plan we don't agree with? The planning process for this disaster plan has been a collaborative one involving various representatives from a broad range of participating organizations. The overall goal is to achieve a document that is accepted by the majority agencies. Compromise has been a key element of the planning process. Organizations need to decide if they wish to participate or feel confident that their internal resources are sufficient for any disaster. This plan is a living document and suggested changes will be reviewed annually by the Task Force and the Emergency Management Advisory Committee (EMAC). 8. What will this cost my jurisdiction, district or agency? An "Omnibus Legal and Financial Agreement" has been developed to provide the legal platform for resource sharing among participating organizations. The ground rules encourage a sense of security to those with available resources so they feel safe in offering assistance without risking excessive losses or liabilities, as well as establishing an accounting /billing process that is congruent with FEMA polices to encourage appropriate financial recovery. Resources and services that are loaned to other participating organizations will remain under the operational control of the borrowing entity until recalled or replaced by the lending entity. 9. When will the plan be implemented? The "Basic Plan Package" (consisting of the Plan, Omnibus Legal & Financial Agreement, Appendix One, Emergency Support Function (ESF) 1-Transportation, 2-Communications, 7- Resource Support, and 8-Health and Medical Services), at the first step, will be sent out to all participating jurisdictions for "formal" coordination and review. From there the Regional Disaster Planning Task Force (RDPTF) will revise, forward to the Emergency Management Advisory Committee (EMAC), then send to the Regional Policy Committee and on to the King County Council for final approval. This planning process does take time. It took Washington State Emergency Management over ten years to develop their state-wide comprehensive emergency management plan. 05/30/02 (\-\ Regional Disaster Plan for Public and Private Organizations in King County Signatory Documentation Sheet The Regional Disaster Plan for Public and Private Organizations in King County. Washington is intended to be adopted as the Plan for participating organizations, within King County, to assist each other in disaster situations when their response capabilities have been overloaded. Components of this Regional Disaster Plan, as of January 2002, are the following: . Basic Plan . Appendix 1: Direction & Coordination . Omnibus Legal & Financial Agreement . ESF-l: Transportation . ESF-8: Health & Medical Services IN WITNESS WHEREOF, the Subscribing Organization hereto has caused this Regional Disaster Plan for Emergency Assistance to be executed by duly authorized representatives as of the date of their signature: ORGANIZATION: ADDRESS: AUTHORIZED SIGNATURE: DATE: "T".' ~-ß Regional Disaster Plan for Public and Private Organizations in King County, Washington OMNIBUS LEGAL AND FINANCIAL AGREEMENT for Organizations Participating in the Regional Disaster Plan for Public and Private Organizations in King County This OMNIBUS AGREEEMENT is made and entered into by certain public and private organizations to enable them to provide Emergency Assistance to each other during times of emergency or disaster. WHEREAS, the Subscribing Organizations have expressed a mutual interest in the establishment of an Omnibus Agreement to facilitate and encourage Emergency Assistance among participants; and WHEREAS, in the event of an emergency a Subscribing Organization who has executed this Omnibus Agreement may need Emergency Assistance in the fonn of supplemental personnel, equipment, materials or other support; and WHEREAS, each Subscribing Organization may own and maintain equipment, stocks materials and employs trained personnel for a variety of services and is willing, under certain conditions, to lend its supplies, equipment and services to other Subscribing Organizations in the event of an emergency; and WHEREAS, the proximity of the Subscribing Organizations to each other enables them to provide Emergency Assistance. to each other in disaster situations. . NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the undersigned Subscribing Organization ågrees as follows: Article I - APPLICABILITY. This Omnibus Agreement is available for execution t9 all Subscribing Organizations, in an~ bordering geographic King County. Execution of this Omnibus Agreement by a Subscribing Organization will occur when a Subscribing Organization signs an identical version of this Omnibus Agreement. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05130/02) 1 ~-q Regional Disaster Plan for Public and Private Organizations in King County, Washington Article II - DEFINITIONS. D. E. A. , Assistance Costs' means any direct material costs, equipment rental fees, fuel, and the labor costs that are incurred by the Lender in providing any asset, service, or assistance requested. For further infonnation on costs, see section XII. B. 'Basic Plan' is the core document of the Regional Disaster Plan for Public and Private Organizations in King County. It provides the architecture for multi-jurisdictional, multi-disciplinary disaster response operations in King County. The Basic Plan will be suPP°r!ed by this Omnibus Legal Agreement and later by Emergency Support Functions, which are chapters on certain functional areas, such as communications, transportation, and resource management. The Basic Plan was developed by the Regional Disaster Planning Task Force, under the direction of the King County Emergency Management Advisory Committee. c. 'Basic Plan Package' includes the following core documents that create the framework necessary to implement the concept of operations implied in the Basic Plan. This suite of documents includes: - the Basic Plan, - this Omnibus Legal Agreement, -' Appendix 1: Direction and Coordination 'Borrower' means a Subscribing Organization who has adopted, signed and subscribes to this Omnibus Agreement and has made a request for Emergency Assistance and has received commitment( s) to deliver Emergency Assistance pursuant to the tenns of this Omnibus Agreement. 'Emergency' includes, but is not limited to, a human-caused or natural event or circumstance within the area of operation of any participating Subscribing Organization causing or threatening loss of life, damage to' the environment, injury to person or property, human suffering or financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, act of terrorism or sabotage; said event being or is likely to be beyond the capacity of the affected Subscribing The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 2 ,,-\ 0 Regional Disaster Plan for Public and Private Organizations in King County, Washington 1. J. Organization or Organizations, in tenDs of personnel, equipment and facilities, thereby requiring Emergency Assistance. F. 'Emergency Assistance' means employees, services, equipment, materials, or supplies offered during an Emergency by the Lender and accepted by the Borrower to assist in maintaining or restoring nonnal services when such service has been disrupted by acts of the elements, equipment malfunctions, accidents, terrorism/sabotage and other occurrences where Emergency Assistance from other Subscribing Organizations is necessary or advisable, as determined by the requesting Subscribing Organization. G. 'Emergency Contact Points' are the persons, in a line of succession, listed on the Emergency Contact Information Fonn to be submitted to the 'Zone Emergency Planning Committee by each Subscribing Organization. The list includes names, addresses, and 24-hour phone numbers of the Emergency contact points of each Subscribing Organization. The people listed as Emergency Contact Points will have (or can quickly get) the authority of the Subscribing Organization to commit available equipment, services, and personnel for the organization. Note: The phone number of a dispatch office staffed 24 hours a day that is capable of contacting the Emergency contact point(s) is acceptable. H. 'King County Emergency Management Advisory Committee' acts in an advisory capacity to the County Executive, Council and Emergency Management Division on emergency management matters, and facilitate the coordination of regional emergency planning in King County. 'Lender' means a Subscnl>ing Organization who has signed this . Omnibus Agreement and has agreed to deliver Emergency Assistance to another Subscribing Organization pursuant to the tenDS and conditions of this Omnibus Agreement. 'Omnibus Agreement' means identical agreements executed in countetparts which bind the executing Subscribing Organization to its terms and conditions to provide and receive Emergency Assistance. The terms and conditions of the Omnibus Agreements are all identical and the execution of an Omnibus Agreement binds a Subscribing Organization to all other Subscribing Organizations who have executed identical Omnibus Agr:eements in countetparts. To be effective for The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-0 I (Printed 05130/02) 3 ~-\\ Regional Disaster Plan for Public and Private Organizations in King County, Washington K. L. M. purposes of receiving Emergency Assistance, this Omnibus Agreement and the Basic Plan must be fully executed and received by the Zone Emergency Planning Committee. 'Subscribing Organization' means the executive governing authority of any public or private organization in, or bordering King County, W A, that chooses to subscribe to and sign onto the 'Basic Plan Package' of the Regional Disaster Plan for Public and Private Organizations in King County. For large and complex organizations like county government, cities, and major employers, all departments and branches of these complex organizations are included as 'Subscribers' under the single executive authority of these organizations. 'Termination Date' is the date upon which this Agreement terminates pursuant to Article V. Article III - PARTICIPATION. It is agreed, acknowledged, and understood that participation in this Omnibus Agreement is purely voluntary and at the sole discretion of the requ~sted lender. No Subscribing Organization shall be liable to another Subscribing Organization for, or be considered to be in breach of or default under this Omnibus Agreement on account of any delay in or failure to perform any obligation under this Omnibus Agreement, except to make payment as specified in this Omnibus Agreement. However, Subscribing Organizations who execute the Omnibus Agreement are expected to: A. Ensure that other Subscribing Organizations in the Emergency. . Response Zone have their Organizations' most current Emergency Contact Points. . . 'J Participate in scheduled meetings to coordinate operational and implementation issues to the maximum extent possible. B. Article IV - ROLE OF EMERGENCY CONTACT POINTFOR SUBSCRIBING ORGANIZATIONS Subscribing Organizations agree that their Emergency Contact Points or their designee can serve as representatives of the Subscribing Organizations in any meeting to work out the language or implementation issues of this agreement. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 4 (:\-\2. Regional Disaster Plan for Public and Private Organizations in King County, Washington The Emergency Contact Points of a Subscribing Organization shall: A. Act as a single point of contact for infonnation about the availability of resources when other Subscribing Organizations or Zones seek assistance. B. Participate in Zone Coordination meetings convened on the implementation of this agreement. C. Take the initiative to obtain and communicate decisions and discussion items of the meeting. D. Maintain a manual containing the Basic Plan package including a master copy of this Omnibus Agreement (as amended) and a list of Subscribing Organizations who have executed this Omnibus Agreement. Article V - TERM AND TERMINATION. A. B. This Omnibus Agreement is effective upon execution by two or more Subscribing Organizations. A Subscribing Organization opting to tenninate its participation in this Omnibus Agreement, shall provide written tennination notification to the King County Emergency Management Advisory Committee, care of the King County Office of Emergency Management, 7300 Perimeter Rd. S., Room 128, Seattle, W A, 98108, or by Fax at (206) 296-3838. Notice oftennination becomes effective upon receipt by the King County Emergency Manage~ent Advisory Committee who shall, in turn, notify all subscribing organizations. Any tenninating Subscribing Organization shall remain liable for all obligations incurred during its period of participation, until the obligation is satisfied. Article VI - PAYMENT FOR SERVICES AND ASSISTANCE. Borrower shall pay to the Lender all valid and invoiced Assistance Costs within 60 days of receipt of the lender's invoice, for either all or part of the Emergency Assistance services provided by the Lender. In the event the Lender provides The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05130/02) A-\3 5 Regional Disaster Plan for Public and Private Organizations in King County, Washington supplies or parts, the Lender shall have the option to accept payment of cash or in kind for the supplies or parts provided. Article VII - INDEPENDENT CONTRACTOR. Lender shall be and operate as an independent contractor of Borrower in the performance of any Emergency Assistance. Employees of Lender shall at all times while performing Emergency Assistance continue to be employees of Lender and shall not be deemed employees of Borrower for any purpose. Wages, hours, and other terms and conditions of employment of Lender shall remain applicable to all of its employees who perform Emergency Assistance. Lender shall b_e solely responsible for payment of its employees' wages, any required payroll,"taxes and any benefits or other compensation. Borrower shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to the Lender's employees. The costs associated with borrowed personnel are subject to the reimbursement process outlined in Article XII. In no event shall Lender or its officers, employees, agents, or representatives be authorized (or represent that they are authorized) to make any representation, enter into any agreement, waive any right or incur any obligation in the name of, on behalf of or as agent for Borrower under or by virtue of this Omnibus Agreement. Article VIII - REQUESTS FOR EMERGENCY ASSISTANCE. Requests for Emergency Assistance shall be directed to the designated Emergency Contact Point(s) on the contact list provided by the Subscribing Organizations and/or directed to and managed by the Zone Coordination function. The extent to which the Lender provides any Emergency Assistance shall be at the Lender's sole discretion. In the event the emergency impacts a large geographical area that . . activates either Federal or State emergency laws, this Agreement shall remain in effect until or unless this Agreement conflicts with such Federal and State laws. Article IX - GENERAL NATURE OF EMERGENCY ASSISTANCE. Emergency Assistance will be in the form of resources, such as equipment, . supplies, and personnel or the direct provision of services. The execution of the Omnibus Agreement shall not create any duty to respond on the part of any Subscribing Organization hereto. A Subscribing Organization shall not be held . liable for failing to provide Emergency Assistance. A Subscribing Organization has the absolute discretion to decline to provide any requested Emergency Assistance and to withdraw resources it has provided at any time without incurring any liability. Resources are "borrowed" with reimbursement and terms of The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (printed 05/30/02) 6 ~-\L\ Regional Disaster Plan for Public and Private Organizations in King County, Washington exchange varying with the type of resource as defined in Articles X through XII. The Subscribing Organizations recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for resources as rapidly as possible, including any notification(s) that requested resources are not available. Article X - LOANS OF EQUIPMENT. Use of equipment, such as construction equipment, road barricades, vehicles, and tools, shall be at the Lender's current equipment rate, or ifno written rates have been established, at the hourly operating costs set forth in an industry standard publication as selected by the Regional Disaster Planning Task Force, or as mutually agreed between Borrower and Lender; Equipment and tool loans are subject to the following conditions: 1. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII for tenDS and conditions applicable to use of borrowed personnel. 2. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower's receipt of an oral or written notice from the Lender for the return of the equipment. When notified to return equipment to a Lender, the Borrower shall make every. effort to return the equipment to the Lender's possession within 24 hours following notification. 3. Borrower shall, at its own expense, supply all fuel, lubrication and maintenance for loaned equipment. The Borrower will take proper precaution in its operation, storage and maintenance of . Lender's equipment. Equipment shall be used only by property trained and supervised operators. Lender shall endeavor to provide equipment in good working order. All equipment is provided "as is", with no representations or warranties as toilS fitness for particular purpose. 4. Lender's cost related to the transportation, handling, and loading/unloading of equipment shall be chargeable to the Borrower. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for Lender's employees who perfonn such services. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 7 f\-\5 Regional Disaster Plan for Public and Private Organizations in King County, Washington 5. Without prejudice to a Lender's right to indemnification under Article XIV herein, in the event loaned equipment is lost or damaged while being dispatched to Borrower, or while in the custody and use of the Borrower, or while being returned to the Lender, Borrower shall reimburse the Lender for the reasonable cost of repairing said damaged equipment. If the equipment cannot be repaired within a time period indicated by the Lender, then Borrower shall reimburse Lender for the cost of replacing such equipment with equipment, which is of equal condition and capability. Any detenninations of what constitutes "equal condition and capability" shall be at the discretion,of the Lender. If Lender must lease or rent a piece of equipment while the Lender's equipment is being repaired or replaced, Borrower shall reimburse Lender for such costs. Borrower shall have the right of subrogation for all claims against persons other than parties to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. Borrower shall not be liable for damage caused by the sole negligence of Lender's operator(s). Article XI - EXCHANGE OF MATERIALS AND SUPPLIES. Borrower shall reimburse Lender in kind or at Lender's actual replacement cost, plus handling charges, for use of partially consumed or non-returnable materials and supplies, as mutually agreed between Borrower and Lender. Other reusable materials and supplies which are returned to Lender in clean, damage-free condition shall not be charged to the Borrower and no rental fee will be charged. Lender shall detennine whether items retumedare "clean and damage-free" and items shall be treated as partially consumed or non-returnable materials and supplies if item is found to be damaged. Article XII - LOANS OF PERSONNEL. Lender may, at its option, make such employees as are willing to participate available to Borrower at Borrower' sexpense equal to Lender's full cost, including employee's salary or hourly wages, call back or overtime costs, benefits and . overhead, and consistent with Lender's personnel union contracts, if any, or other conditions of employment. Costs to feed and house loaned personnel, if necessary, shall be chargeable to and paid by the Borrower. The Borrower is responsible for assuring such arrangements as may be necessary to provide for the safety, housing, meals, and transportation to and from job sites/housing sites (if necessary) for The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) ~- \ to 8 Regional Disaster Plan for Public and Private Organizations in King County, Washington loaned personnel. The Subscribing Organizations' Emergency Contact Points or their designees shall develop planning details associated with being a Borrower or Lender under the tenus of this Omnibus Agreement. Lender personnel providing Emergency Assistance shall be under the control of their regular leaders, but the organizational units will come under the operational control of the command structure of the Borrower. Lender shall not be liable for cessation or slowdown of work if Lender's employees decline or are reluctant to perfonn any assigned tasks if said employees judge such task to be unsafe. A request for loaned personnel to direct the activities of others during a particular rèsponse operation does not relieve the Borrower of any responsibility or create any liability on the part of the Lender for decisions and/or consequences of the response operation. Loaned personnel may refuse to direct the activities of others without creating any liability on the part of the Lender. Any valid licenses issued to Lender personnel by . Lender or Lender's state, relating to the skills required for the emergency work, may be recognized by the Borrower during the period of emergency and for purposes related to the emergency. When notified to return personnel to a Lender, the Borrower shall make every effort to return the personnel to the Lender's possession immediately after notification. Article XIII - RECORD KEEPING. Time sheets and/or daily logs showing hours worked and equipment and materials used or provided by the Lender will be recorded on a shift by shift basis by the Lender and/or the loaned employee(s) and will be provided to the Borrower as needed. If no personnel are loaned, the Lender will provide shipping records for materials and equipment, and the Borrower is responsible for any required documentation of use of material and equipment for state or federal reimbursement. The documentation will be presented to the AdministrationlFinance Section of the Incident Management structure. Under all circumstances, the Borrower remains responsible for ensuring that the amou~t and quality of all documentation is adequate to enable disaster reimbursement. Article XIV - INDEMNIFICATION AND LIMITATION OF LIABILITY. A. INDEMNIFICATION. Except as provided in section B., to the fullest extent pennitted by applicable" law, the Borrower releases and shall indemnify, hold harmless and defend each Lender, its officers, employees and agents from and against any and all costs, including costs of defense, claims, judgments or awards of damages asserted or arising directly or indirectly from, on account of, or in connection with providing Emergency Assistance to the Borrower, whether The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 9 t\-\ì Regional Disaster Plan for Public and Private Organizations in King County, Washington D. E. arising before, during or after performance of the Emergency Assistance and whether suffered by any of the Subscribing Organizations or any other person or entity. The Borrower agrees that its obligation under this section 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 Borrower, by mutual negotiation, hereby waives, as respects any indemnitee only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW of the State of Washington and similar laws of other states. B. "> ACTIVITIES IN BAD FAITH OR BEYOND SCOPE.:Any Subscribing Organizations shall not be required under thIS Omnibus Agreement to indemnify, hold harmless and defend any other Subscribing Organization trom any claim, loss, hann, liability, damage, cost or expense caused by or resulting trom the activities of any Subscribing Organizations officers, employees, or agents acting in bad faith or performing activities beyond the scope of their duties. C. LIABILITY FOR P ARTICIP A TION. In the event of any liability, claim, demand, action or proceeding, of whatever kind or nature arising out of rendering of Emergency Assistance through this . Omnibus Agreement, the Borrower agrees, to indemnify, hold hanDless, and defend, to the fullest extent of the law, each signatory to this Omnibus Agreement, whose only involvement in the transaction or occurrence which is the subject of such claim, action, demand, or other proceeding, is the execution and approval of this Omnibus Agreement. DELA YIFAILURE TO RESPOND. No Subscribing Organization shall be liable to another Subscribing Organization for, or be considered to be in breach of or default under this Omnibus Agreement on account of any delay in or failure to perfonn any obligation under this Omnibus Agreement, except to make payment as specified in this Omnibus Agreement. MEDIATION AND ARBITRATION. Ifa dispute arises out of or relates to this Contract, or the breach thereof, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-0 I (Printed 05/30/02) 10 ~-\~ Regional Disaster Plan for Public and Private Organizations in King County, Washington Thereafter, any unresolved controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties to this Contract may seek to resolve disputes pursuant to mediation or arbitration, but are not required to do so. F. SUBSCRIBING ORGANIZATION LITIGATION PROCEDURES. Each Subscribing Organization seeking to be released, indemnified, held harmless or defended under this Article with respect to any claim shall promptly notify the Borrower of such claim and shall not settle such claim without the prior consent of Borrower, which consent shall not be unreasonably withheld. Such Subscribing Organization shall have the right to participate in the defense of said claim to the extent of its own interest. Subscribing Organization's personnel shall cooperate and participate in legal proceedings if so requested by the Borrower, and/or required by a court of competent jurisdiction. Article XV - SUBROGATION. A. BORROWER'S WAIVER. Borrower expressly waives any rights of subrogation against the Lender, which it may have on account of, or in connection with, the Lender providing Emergency Assistance to the Borrower under this Omnibus Agreement. B. LENDER'S RESERVATION AND WAIVER. Lender expressly reserves its right to subrogation against the Borrower to the extent the Lender incurs any self-insured, self-insured retention or deductible loss. The Lender expressly waives its rights to . subrogation for all insured losses only to the extent the Lender's insurance policies, then in force, pennit such waiver. Article XVI - WORKER'S COMPENSATION AND EMPLOYEE CLAIMS. Lender's employees, officers or agents, made available to Borrower, shall remain the general employee of Lender while engaged in carrying out duties, functions or activities pursuant to this Omnibus Agreement, and each Subscribing Organization shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers' compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 11 Y\-\ \ Regional Disaster Plan for Public and Private Organizations in King County, Washington employees. Likewise, each Subscribing Organization shall provide worker's compensation in compliance with statutory requirements of the state of residency. Article XVII - MODIFICATIONS. No provision of this Omnibus Agreement may be modified, alter~d, or rescinded by any individual Subscribing Organization without two-thirds affirmative concurrence of the Subscribing Organizations. The King County Emergency Management Advisory Committee will be the coordinating body for facilitating modifications of this Omnibus Agreement. Modifications to this Omnibus Agreement must be in writing and will become effective upon approval of the modification by a two-thirds affirmative vote of the Subscribing Organizations. Modifications must be signed by an authorized representative of each Subscribing Organization. Article XVIII- NON EXCLUSIVENESS AND PRIOR AGREEMENTS. This Omnibus Agreement is not intended to be exclusive among the Subscribing Organizations. Any Subscribing Organization may enter into separate Emergency Assistance agreements with any other entity. No such separate agreement shall terminate any responsibility under the Omnibus Agreement. To the extent that prior agreements between Parties to this Omnibus Agreement are inconsistent with this Agreement, all prior agreements for Emergency Assistance between the Subscribing Organization hereto are hereby superseded. Article XIX - GOVERNMENTAL AUTHORITY. This Agreement is subject to laws, rules, regulations, orders, and other requirements, now or hereafter in effect, of all governmental authorities having jurisdiction over the, emergencies covered by this Omnibus Agreement, the . Subscribing Organization or either of them. Article XX - NO DEDICATION OF FACILITIES. No undertaking by one Subscribing Organization to the other Subscribing Organizations under any provision of this Omnibus Agreement shall constitute a . dedication of the facilities or assets of such Subscribing Organization, or any portion thereof, to the public or to the other Subscribing Organization. Nothing in this Omnibus Agreement shall be construed to give a Subscribing Organization any right of ownership, possession, use or control of the facilities or assets of the other Subscribing Organization. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (printed 05/30/02) 12 ~-:z..o Regional Disaster Plan for Public and Private Organizations in King County, Washington Article XXI - NO PARTNERSHIP. This Omnibus Agreement shall not be intetpreted or construed to create an association, joint venture or partnership among the Subscribing Organizations or to impose any partnership obligation or liability upon any Subscribing Organization. Further, no Subscribing Organization shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind any other Subscribing Organization. Article XXII - NO THIRD PARTY BENEFICIARY. Nothing in this Omnibus Agreement shall be construed to create any rights in or duties to any Third Party, nor any liability to or standard of care with reference to any Third Party. This Agreement shall not confer any right, or remedy upon any person other than the Subscribing Organizations. This Omnibus Agreement shall not release or discharge any obligation or liability of any Third Party to any Subscribing Organizations. Article XXIIT - ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and supersedes any'and all prior agreements of the Parties, with respect to the subject matters hereof. Article XXIV- SUCCESSORS AND ASSIGNS. This Omnibus Agreement is not transferable or assignable, in whole or in part, and any Subscribing Organization may terminate its participation in this Omnibus Agreement subject to Article V. . Article XXV - GOVERNING LAW. This Omnibus Agreement shall be intetpreted, construed, and enforced in accordance with the laws of Washington State. Article XXVI - VENUE. Any action which may arise out of this Omnibus Agreement shall be brought in Washington State and King County. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-0 I (Printed 05/30/02) 13 1\-7-\ Regional Disaster Plan for Public and Private Organizations in King County, Washington Article XXVII - TORT CLAIMS. It is not the intention of this Omnibus Agreement to remove from any of the . Subscribing Organizations any protection provided by any applicable Tort Claims Act. However, between Borrower and Lender, the Borrower retains full liability to the Lender for any claims brought against the Lender as described in other provisions of this agreement. Article XXVIII - WAIVER OF RIGHTS. Any waiver at any time by any Subscribing Organizations of its rights with respect to a default under this Omnibus Agreement, or with respect to any other matter arising in connection with this Agreement, shall not constitute or be deemed a waiver with respect to any subsequent default or other matter arising in connection with this Agreement. Any delay short of the statutory period. of limitations, in asserting or enforcing any right, shall not constitute or be deemed a waiver. Article XXIX - INY ALID PROVISION. The invalidity or unenforceability of any provisions hereof, and this Omnibus Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Article XXX - NOTICES. Any notice, demand, infonnation, report, or item otherwise required, authorized, or provided for in this Omnibus Agreement shall be conveyed and facilitated by the King County Emergency Management Advisory Committee, care of the King County Office of Emergency Management, 7300 Perimeter Road S., Room 128, Seattle, W A 98018, Phone: 206-296-3830, Fax: 206-296-3838. Such notic~s, given in writing, and shall be deemed properly given if (i) delivered personally, (ii) transmitted and received by telephone facsimile device and confinned by telephone, or (iii) sent by United States Mail, postage prepaid, to the Emergency Management Advisory Committee. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 14 (\ -2 2- Regional Disaster Plan for Public and Private Organizations in King County, Washington SIGNATURE PAGE IN WITNESS WHEREOF, the Subscribing Organization hereto has caused this Omnibus Agreement for Emergency Assistance to be executed by duly authorized representatives as of the date of their signatures. ORGANIZATION: Date: Attest: Approved as to fonn: Deputy Prosecuting Attorney The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Version: 12-10-01 (Printed 05/30/02) 15 Ý\-23 r I .,. Signatories to the Regional Disaster Plan - 5/13/02 Orqanization Name Dated CITIES - 8 TOTAL City of Bellevue Steve Sarkozv, Citv Manaaer 3/8/02 City of Clyde Hill George Martin, Mavor 3/12/02 City of Covington Andrew Demosev, Citv Manaaer 4/5/02 City of Issaquah Ava Frisinger, Mavor 3/5/02 City of Kent Mayor Pro Tem 4/23/02 City of Lake Forest Park David Hutchinson, Mavor 3/11/02 City of Mercer Island Richard Conrad, Mayor 3/20/02 City of Newcastle Andrew Takata, City Manager 3/11/02 FIRE DISTRICTS -10 TOTAL Enumclaw Fire Dept./ King Co. Fire District Joseph Kolisch, Chief 3/18/02 #28 Federal Way Fire Department Mark Frentas, Chairman of Board & AI 3/21/02 Church, Fire Chief King Co. Fire District #20 (Seattle) Commissioners 5/20/02 Kina Co. Fire District #27 (Fall CitY) Commissioners 4/9/02 Kina Co. Fire District #40 Michael Patrick, Chair of Commission 4/11/02 Maple Valley Fire & Life Safety Commissioners 4/4/02 North Highline Fire District Ron Malasoino, Chairman of theOBoard 4/1/02 Northshore Fire Deoartment (#16) Robert Peterson, Chief 4/2/02 Snoaualmie Pass Fire & Rescue Matt Cowan, Chief 2/6/02 Vashon Island Fire & Rescue Commissioners 4/2/02 HOSPITALS - 13 TOTAL Auburn Regional Medical Center Michael M. Gherardini, CEO/Mna. Director 4/18/02 Children's Hospital & Regional Medical Center Jeffrey Sconyers, VP & General Counsel 3/11/02 Harborview Medical Center David Jaffe, Executive Director 2/6/02 Highline CommunitY Hosoital Linda Paulson, BSN, MBA 2/19/02 Kindred Hospital Adam Darrish, CEO 1/30/02 Northwest Hospital President / CEO 4/22102 Overtake Hosoital Medical Center Kenneth D. Graham, President & CEO 2/22102 Regional Hospital for Respiratory & Complex James Cannon, CEO 2/8102 Care St. Francis Hospital Brooks Sutton, COO 2/5/02 Swedish Medical Center COO 5/1/02 Swedish Medical Center - Ballard Campus Lane Sawitch, COO 2/5/02 Swedish Medical Center - Providence Marcel Loh, COO 2/11/02 Campus University of Washington Medical Center Preston Simmons, Senior Operations Officer 5/1/02 NONPROFITS - 1 TOTAL American Red Cross Jim Hamilton, Director 1/24/02 PRIVATE INDUSTRY - 4 TOTAL Bank of America Marie Gunn, President 2/1102 Gennie Thompson, VP & Reaional Mar. 1/31/02 Boeing Company, The Gregory Jawash, Director Security & Fire 4/24/02 Prevo Port of Seattle M.R. Dinsmore 4/19/02 Puget Sound Energy Garv Swofford, Senior Vice President & COO 3/20/02 King County Office of Emergency Management T\-'LY 05/15/02 , r SCHOOLS - 8 TOTAL Auburn School District #408 Linda Cowan, Superintendent 2/22/02 Bellevue School District Michael Riley, Superintendent 4/22/02 Federal Way Public Schools Thomas R. Murphy, Superintendent 5/7/02 Highline School District Joseph R. McGeehan, Superintendent 4/15/02 Mercer Island School District Bill Keim, Superintendent 4/25/02 Puget Sound Education Services District Terry lindquist, Superintendent 2/6/02 Shoreline School District Dr. James Welsh, Superintendent 3/2/02 Vashon Island School District #402 Dr. Marguerite (Mimi) Walker, Superintendent 3/14/02 SEWER & WATER DISTRICTS -13 TOTAL Coal Creek Utility District Thomas Peadon, General Manager 3/17/02 Covinqton Water District Judith Nelson, General Manaqer 3/29/02 Highline Water District Peggy Bosley, General Manager 3/22/02 King Co. Water District #1 Robert Bishop 4/20/02 King Co. Water District #20 Commissioners 4/2/02 King Co. Water District #125 Russ Austin. Superintendent 217/02 King Co. Water District #19 Margaret Cruse, General Manager 2/22/02 Lakehaven Utility District Donald Perry, General Manaqer 3/11/02 NE Sammamish Sewer & Water District Laura Szentes, General Manager 5/7/02 Northshore Utility District Margaret Wiggins Board President 4/1/02 Ronald Wastewater District Philip J. Montgomerv, General Manager 1/30/02 SnoQualmie Pass Utility District Commissioners 4/1 0/02 Val Vue Sewer District Joe Colello, President 4/2/02 57 TOTAL Signatory Organizations ENDORSEMENTS: . Washington State Emergency Management Division . King County Fire Chiefs Association February, 2002 February 20th, 2002 Signatories coming soon... 1. City of Woodinville . 2. Northshore School District 3. King County Fire District #44 - Mountain View Fire & Rescue 4. King Couny 5. City of Seattle Those in the works... 1. City of Redmond 2. City of Bothell . 3. City of Des Moines 4. Renton School District 5. City of Maple Valley 6. CiW of Carnation 7. City of Shoreline 8. City of Kirkland 9. City of Beaux Arts 10. King County Water District #117 11 . City of Renton 12. City of Snoqualmie 13. Fred Hutchinson Research Center 14. City of Skykomish King County Office of Emergency Management A-25 05/15/02 S.B CITY OF FEDERAL WAY CITY COUNCIL P ARKSIRECREA TIONIHUMAN SERVICES! PUBLIC SAFETY COMMITTEE June 11, 2002 Meeting Date: June 3, 2002 Anne Kirkpatrick, Chief of polict::'~7 !- .;:t: David H. M~anager Renton Jail Services Interlocal Agreement From: Via: Subject: Background: The language in the proposed Renton Jail Service Interlocal Agreement is similar to the Fife Interlocal Agreement. However, the intent of the Renton Agreement is to provide for cost effective transitional housing for inmates (1) waiting to be transported to serve their sentence in the Yakima County Jail; or (2) waiting to be transported to the Municipal Court provided that the Council approves and executes the proposed long-term Yakima County Jail Services Interlocal Agreement. Accordingly, Section 2 entitled "Compensation" addresses the situation whereby the inmate is at the Renton Jail for a few hours before being transported. Additionally, unlike Fife, the Renton Agreement also provides housing for female inmates provided there is available bed space. Staff recommends that the Parks RecreationlHuman ServiceslPublic Safety Council Committee approve the proposed Renton Agreement contingent upon approval of the proposed long-term Yakima County Jail Agreement. Committee Recommendation: Approve the Renton Jail Services Interlocal Agreement and forward to full Council for consideration at the June 18, 2002, Council meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member K:\AGNDITEM\PRHSPSCOMMITIEE\061102 RentonjaiI ß-\ p( ..' I , ¡ INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON, WASHINGTON AND THE CITY OF FEDERAL 'YAY, 'VASHINGTON, FOR THE HOUSING OF INMATES IN THE RENTON JAIL THIS INTERLOCAL AGREEMENT is made and entered into on this - day.of , 2002 by and between the City of Federal Way, Washington, a Washington municipal corporation, and the City of Renton, \Vashington, municipal corporation, each party having been duly organized and now existing under. the laws of the State of \Vashington. \VITNESSETH: WHEREAS, the Chief of Police for the City of Renton (hereinafter "Renton") is authorized by law to have charge and custody of the City of Renton Jail (hereinafter "Renton Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Renton Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Renton desires to accept and keep in its custody such inmate(s) in the Renton Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL AVAILABILITY Renton shall house Federal Way male and female prisoners when space is available in the Renton Jail. 2. COMPENSA nON Payment Schedule: (a) $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. Interlocal Agreement BetWeen City of Renton/City of Federal Way ß-L , ' ,/ (b) $50.00 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton ¡ail overnight: OR is detained in the Renton ¡ail for a 24 hour period. (c) $50.00 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. (d) Renton shall provide Federal Way with an itemized bill listing all names of inmates who are housed; the associated case or citation number; the number of days housed (including the date and time of booking and date of release); any applicable additional charges other than the per diem charge referenced in Section 2(a), and the dollar amount due for each. Renton shall provide said bill by the 15th of each month. Federal Way shall make payment to Renton within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAyrrYPES OF INMATES (a) Duration of Inmate Stay. The maximum length of stay per inmate,- including pre- and post-trial stays, may not exceed 30 calendar days. (b) At this time, Misdemeanants only shall be booked into the Renton Jail pending the filing of formal criminal charges, or post sentence inmates pending the transfer to another contract facility. . At the time a person is presented to the Renton jail for booking by a Federal Way officer, the Renton coITections staffwill make a determination if the suspect and/or prisoner will be accepted for booking. Persons injured, or otherwise requiring hospitalization, or exhibiting behavior that presents an obvious danger to the staff or other prisoners will not be accepted. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Renton Jail in which Federal Way's inmates are confined in' order to determine if such jail maintains standards of confinement acceptable to Federal Way and that such inm~tes therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Renton shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regÚlations. . ' 5. FURLOUGHS. PASSES. AND WORK RELEASE Renton shall not grant early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release to any inmate housed pursuant to this Agreement, without written authorization by the City of Federal Way or, if the inmate is housed pursuant to a sentence, without the authority of the committing court, except in the case of emergency medical furloughs which Renton is authorized to grant at its discretion. If a medical furlough is granted. the Federal Way Watch Commander will be notified as soon as possible. The foregoing notwithstanding, Renton shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release. Interlocal Agreement Between City of Renton/City of Federal Way ß-3 2 6. INMATE ACCOUNTS Renton shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The Chief of Police for Renton shall be accountable to Federal Way for such inmate funds. At either the termination of this Agreement, the inmate's death, or retum to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Renton shall return any remaining money to the pnsoner. 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY Upon booking the Fe4eral Way inmate, it shall be the responsibility of Renton to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court are faithfully executed; provided that nothing herein contained shall be construed to require Renton, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Renton Jail. Renton Jail staff shall notify Federal Way prior to any cOnsultation for non-emergency outside services. Renton shall provide or arrange for the providing of such routine in-house medical, psychiatric and dental services. Except for in-house routine minor medical services, Federal Way shall pay directly or reimburse Renton for all costs associated with the delivery of any emergency and/or major medical service, or pre-approved non-emergency outside medical and/or dental services provided to Federal Way inmates; provided that Federal Way has the option to remove inmates, if at Federal Way's discretion, it believes that another jail would be more appropriate for addressing the inmate's medical needs. (b) An adequate record of all such services shall be kept by Renton for Federal Way's review at its request. Any medical or dental services that require reimbursement or payment, except prescription medications. by Federal Way shall be reported to Federal Way as soon as time permits. (c) Should medical or dental services require hospitalization, Federal Way agrees to compensate Renton any amount expended or cost incurred in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting Federal Way's Watch Commander at (253) 661-4707 prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate(s). Interlocal Agreement Between City of Renton/City of Federal Way ß-~ 3 9. DISCIPLINE Renton shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the Laws of the State of Washington. RECORDS AND REPORTS 10. (a) Renton Jail shall fax a list of currently held Federal Way prisoners to the Federal Way Municipal Court. at (253) 835-3050. each weekday morning by 7:00 am.. to facilitate first appearance and transfer needs. (b) Renton shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Renton Jail, Federal Way shall upon request be entitled to~ receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOV ALFROM THE JAIL .A Federal Way inmate legally confined in the Renton Jail shall not be removed therefrom by any person without written authorization from Federal Way or by order of any court having jurisdiction. Federal Way reselVes the right to transfer inmates to other jail facilities. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other. catastrophic condition presenting an eminent danger to the safety of the inmate or to other inmates or Renton Jail personnel. In the. event of any such emergency removal, Renton shall inform Federal Way of the whereabouts of the inmate . or inmates so remov~ at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Renton's custody, Renton will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Renton shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connections therewith shall be chargeable to and borne by Renton; however, Renton shall not be required to expend Wlfeasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the King County Medical Examiner shall be notified. Federal Way shall receive copies of any records made at or in connection with such notification. . (b) Renton shall immediately notify Federal Way of the death of a Federal Way inmate, furnish infonnation as requested and follow thc..instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the Interlocal Agreement BetWeen City of RentonlCity of Federal Way 5-5 4 .. appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Renton may aITa11ge for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses cOlmected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Renton's custody. 14. REMOVING OF INMATES Upon request ITom Renton, Federal Way shall, at its expense, remove any Federal Way inmate within six (6) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate at the Renton jail. GOVERNING LAW 15. The parties hereto agree that, except where expressly otherwise provided, the laws and .administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. 16. DURATION This Agreement shall enter into full force and effect from the date of execution, and end December 31, 200_, subject to earlier tennination as provided by Section 17 herein. This Agreement shall be renewed automatically for one year successive periods unless tenninated pursuant to Section 17 below. Nothing in this Agreement shall be construed to require Federal Way to house inmates in the Renton Jail continuously. 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that tennination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Renton Jail by the close of said sixty (60) day notice period. (b) Bv Federal Way due to lack of funding. The obligation of Federal Way to pay Renton under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2002) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2002, then Federal Way shall have the option of terminating the Agreement immediately upon Interlocal Agreement Between City of Renton/City of Federal Way ß-~ 5 written notice to Renton, except that aU services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the Federal Way. (c) In the event of tennination of this Agreement for any reason, Federal Way shall compensate Renton for prisoners housed by Renton after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same maimer and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Renton: City of Renton Chief of Police 1055 South Grady Way Renton, W A 98055 Contact Person: Penny Bartley, Jail Manager City of Federal Way: City of Federal Way City Manager's Office P.O. Box 9718 Federal Way, WA 98063-9718 Contact Person: David H. Moseley, City Manager 19. HOLD HARMLESS'AND INDEMNIFICATION Renton's liability for the custody and care of any Federal Way inmates commencing at the time the inmate is booked into the Renton jail. Renton shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers hannless from any and all claims, injuries, damages, losses or suits including' reasonable attorney fees, arising out of or in connection with any action or omission under this Agreement, except for injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest' of false imprisonment, for which Federal Way shall defend, indemnify and hold Renton hannless, including reasonable attorneys fees. Should a court of competent jurisdiction detennine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Renton and Federal Way, its officers, officials, employees, and volunteers, Renton's liability hereunder shall be only to the extent of Renton's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Renton's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions. of this section shall survive the expiration or termination of this Agreement. Interlocal Agreement Between City of RentonlCity of Federal Way ß-l 6 .' 20. MISCELLANEOUS (a) Federal Way inmates incarcerated in the Renton Jail pursuant to this Agreement shall be transported to Renton by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Renton is not responsible for transportation of Federal Way inmates under this Agreement except in the case of an emergency as outlined in Section 11, and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Renton becomes necessary. (b) In providing services under this contract, Renton is an independent contractor and neither it nor its officers, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall Renton's provision of services under this Agreement give rise to any claim by Renton employees of career service or civil service rights, which may accrue to an employee of Federal Way under any applicable law, rule or regulation. (c) A copy of this agreement, once executed, will be filed with King County as required by RC.W. 39.34.040 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY CITY OF RENTON By DAVID H. MOSELEY, City Manager JESSE TANNER, City Mayor Chief of Police ATTEST: ATTEST: N. Christine Green, CMC, City Clerk City Clerk DATED: DATED: Approved as to Form: Approved as to Fonn: Bob C. Sterbank, City Attorney Lawrence Warren, City Attorney K:\Jail \Jail Services Agmt Renton Interlocal Agreement Between City of Renton/City of Federal Way ß-~ 7 5.D CITY OF FEDERAL WAY CITY COUNCIL PARKSIRECREATIONIHUMAN SERVICES! PUBLIC SAFETY COMMITTEE June 11,2002 Meeting Date: June 3, 2002 Bob C. Sterb~ty Attorney David H. M~anager Yakima County Jail Services Interlocal Agreements From: Via: Subject: Back2round: In an effort to contain spiraling jail costs, in 1999 the City of Federal Way began contracting with jurisdictions other than King County for jail services. The City Council approved an interlocal agreement with the City of Fife for misdemeanor defendants incarcerated prior to being sentenced or those with short sentences. Post-sentence misdemeanants with longer sentences are sent to Chelan, Okanogan, and Yakima County jails. Nevertheless, some Federal Way prisoners are still being sent to King County jail, either because they are female (Fife jail accepts only male prisoners), or because the prisoners have charges from other jurisdictions on which they are awaiting trial and transporting them over the mountains would create tQ9 many problems and costs during their subsequent proceedings. In May, 2001, King County gave Federal Way and other cities notice oftermination of the jail contract. During the course of negotiations over a new jail contract with King County, the County proposed to cut back the cities' jail capacity in the near term and to eventually cease providing cities misdemeanor jail services entirely. The cities then began pro actively exploring other options by which the cities could collectively and efficiently contract for misdemeanant jail services. During the course of these discussions, the cities were approached by Yakima County about a long-term jail contract under which Yakima County (rather than King County) would be the primary provider of the cities' jail services. Yakima already contracts with several cities west of the Cascades (including Federal Way). Its jail operation has been financially successful, so much so that Yakima County has already designed and is ready to go to bid to build an additional wing to its facility to provide additional jail capacity. This allows Yakima County to commit to provide a specific number of jail beds to each city out to a specific future date, and agree to make additional capacity available as it occurs, as opposed to King County's approach, which is to reduce the city's use of the King County jail even while jail costs per inmate are increasing. In addition, Yakima's jail is a modem, state-of-the-art facility, and Yakima provides comprehensive in-custody alcohol and substance abuse treatment to offenders. This kind of treatment is offered only minimally at the King County jail, even though such treatment is commonly imposed as a condition of sentence, and such treatment is often difficult for offenders to obtain outside of jail because of expense and ~ong waiting periods. In fact, due to budgetary considerations, King County is considering phasing out the limited treatment services it does provide at its North End Rehabilitation Facility ("NERF"). Yakima County has also agreed to provide video links to the cities' municipal courts, as well as daily transports to and from the Yakima jail to designated drop-off points at the cities, to address the issues raised by prisoners with criminal charges trom multiple jurisdictions. These features have uniformly impressed a number of municipal court judges who have toured the facility. Finally, because labor costs are lower and better managed, Yakima County offered these jail services at a lower cost then charged by King County ($56.00 per day vs. $77.00 per day plus a bookingJee of$148.00 at King County). For these reasons, a joint contract among the cities and Yakima County was the most workable option developed to address the long-tennjail needs. The overall agreement is actually broken into two separate interlocal agreements: (I) one among the cities collectively and Yakima County ("the Yakima Agreement"); and (2) a second interlocal agreement among only the cities ("the Cities' Agreement"), to address responsibility for unmet jail bed commitments made to Yakima County or overuse of a city' sestimated use. The final piece of Federal Way's jail services strategy is to enter into an interlocal agreement with the City of Renton (submitted separately), to provide transitional jail services for prisoners being held prior to pick-up by Yakima County, or after delivery by Yakima if the prisoner must be returned to Federal Way Municipal Court for trial or other proceedings. This will allow transportation to and. from Yakima County to be more efficient, and also provide additional short-term jail capacity above and beyond the capacity provided by the existing interlocal agreement with the City of Fife. . The key components of the Yakima County interlocal agreement, and the interlocal agreement among the cities, are highlighted below. The features of the proposed interloca1 agreement with the City ofRent<?n are summarized in a separate memorandum trom Chief Anne Kirkpatrick. Hi2:hli2:hts of Interlocal A2:reements A. Interlocal Agreement Between Yakima County and the Cities ("Yakima Agreement") 1. Term. The Agreement's initial effective date occurs when it has been executed by a sufficient number of cities to represent 90% of the 440 minimum bed commitment. The cities have estimated the projected number of inmates each will supply, as shown in Attachment A, and these estimates will be used for purposes of determining the initial effective date. If the Agreement is not signed by the requisite number of cities by September I, 2002, it is null and void as to any city that has executed it prior to that date. Following the initial effective date, Yakima County will proceed to obtain permits and build the new jail facility. The Agreement's Effective Date will then be the date the new facility is completed and ready for occupancy, estimated by Yakima County to be July 1, 2003. The Agreement will expire on December 31,2009, unless terminated or renewed prior to that date. D-2. 2. Minimum Bed Commitment and Minimum Bed Availability. Yakima agrees to provide, and the cities agree to pay for and maintain in the Yakima facility, a minimum of 150 city inmates until June 30,2003 and 440 city inmates from July 1, 2003 until termination. If the cities do not maintain the ADP at the specified number, the cities will be billed for the difference between the actual ADP and the Minimum Bed Commitment, i.e., the cities will pay for the Minimum Bed Commitment in any event. This is comparable to Federal Way's existing agreement with the City of Fife for 10 beds. If Yakima County has bed capacity above and beyond the 440 beds, Yakima will accept additional city inmates if requested by the cities. If King County refused to accept additional city inmates prior to July 1, 2003, Yakima County will use its best efforts to accept the city inmates by contracting with Benton County, Okanogan County and/or Chelan County. 3. Compensation. The charge for jail service is $56.00 per day, with a 5% annual escalator. There is no booking fee. This charge is inclusive, and encompasses includes all basic and expanded medical care, dental care, and psychiatric and mental health treatment, and all transportation costs for daily transportation of all city inmates available for transport. Under our current contract with Yakima County Federal Way pays $48.00 per inmate per day, but this charge includes only routine medical costs, and inmate transportation is. available only once per week. By contrast, King County currently charges a booking fee of $148.00 and a daily fee of $77.00 for 2002. As part of its monthly hilling, Yakima County will provide itemized statements of each city inmate receiving care, the case/citation number, the number of days of care, and the date/time booked into and released from the jail. Yakima County will pro-rate the daily fee of any inmate with multiple charges from different cities, and will show on each individual city's statement the number of bed days used by all other cities. 4. Indemnification / Hold Harmless and Insurance. Yakima and the Cities agree to indemnify, defend and hold each other harmless for their own negligent acts or civil rights . violations. Each party must obtain and maintain insurance of$l million per occurrence and $2 million in the annual aggregate. This amount is lower than Federal Way's typical requirements of $2 million per occurrence and $5 million in the annual aggregate, but the interlocal agreement specifically provides that evidence of insurance with this limit does not relieve Yakimà County for liability for losses and settlement expenses greater than the insurance minimums. 5. Termination. Any city and Yakima County may terminate the agreement, but only as to that city, by mutual consent. Any party may terminate the Agreement for "cause," meaning material violation of the terms of the Agreement, but again, this terminates the Agreement only as between the party claiming breach and Yakima County. In both cases, the Minimum Bed Commitment for the non-terminating cities is reduced by the ADP attributable to the terminating city in the prior year. 6. Most Favored Nation Clause. Yakima County has agreed that no other King, Pierce or Snohomish County or city located within such county will receive more favored treatment under a contract for inmate care with Yakima County. \:)-3 B. Highlights of Interlocal Agreement Among the Cities ("Cities Agreement") 1. Term. The Cities' Agreement is effective when executed by all Cities, and would remain in effect until December 31, 2009 or the termination of the Yakima Agreement, whichever occurs first. The Cities' Agreement is null and void if Yakima County is unable to obtain permits for financing for its new jail by September, 2002. 2. Unused Beds. Only those cities that have Unused Bed Commitment for a given year will be responsible for paying Yakima County for the underutilization. Those cities must pay a proportionate share, calculated by multiplying the total amount owed to Yakima County for unused beds by the the ratio of each city's EADP to the total EADP of all cities with unused beds for that year. 3. Overuse of Beds. Prior to using jail beds in excess of5% ofa City'sEADP, that City must enter into an agreement with another city or cities to use jail beds included. in the other City's EADP. Any city that has an EADP ofless than 20 must automatically deal with other cities if they want to exceed their EADP. 4. Indemnification I Insurance. Each city will indemnify, hold harmless and defend other cities for actions arising out that city's negligence. Each city agrees to maintain insurance with minimum limits of $1 million per occurrence and $2 million in the annual aggregate. This is the same as provided in the Yakima Agreement. 5. Termination. The Agreement may be terminated with 12 months' notice in writing to each other city. If any City's agreement with Yakima County is terminated for cause due to that city's breach, then the city will remain responsible to Yakima County for that city's EADP through December 31, 2009 or the end of the then-existing term if the Yakima Agreement has been extended. Staff Recommendation: Staff recommends that the Parks RecreationIHuman ServiceslPublic Safety Council Committee approve the proposed Interloca1 Agreement Between Yakima County and the Cities, and the proposed Interlocal Agreement Among the Cities. Committee Recommendation: 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. . ' .'. . '. . " , '. .' ". '?~ J~~\\~ ' ., '. " Commìttec Chåir , ...,.1"'.~' ., /""." Còm~ittecMeliiber Commltt~e Mení~r.~\1-. K:\AGNDITEM\PRHSPSCOMMnTEE\O61102YakimaInterlocal D-Y City~! T ow~-~- --""'--'--~~- ~..9_n~ Auburn Beaux Arts Village Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Federal Way Issaquah Kenmore Kirkland lake Forest Park Maple Valley Medina Mercer Island Newcastle Normandy Park North Bend Pacific Redmond Renton Sammamish SeaTac Seattle Shoreline Skykomish Snoqualmie Tukwila Woodinville Yarrow Point 2003 EADP I I 2004 EADP 8~.5 [F~i3 - 0 I 0 ---- -- I (------ -- ----- L_~~~4 +--..--2 + 5 11 0.3 0.3 2002 EADP 0 48.5 0 25-30 0 5 26-32 0 5 8.2 0.3 0 9.6 0.3 0 0.2 0 0.3 0.3 0 0.3 29 2.2 0.9 30 2.3 3 9 3.3 0 12.9 4.7 0 0 0.1 0 0 5.5 0 0.2 0 0 0.4 0 0 0 27.4 0 0 27.4 0 4.1 4.1 27.4 27.7 0 0 18 0 0 19.2 0 0 2.5 0 2005-2009 EADP e------- C----- 0.3 0 0.3 31 2.5 2.9 12.9 5.8 0 0 5.8 0.5 0.5 2.7 0 0 27.4 0 4.1 28.8 0 5 19.7 ! I . I 2.6 0 I ' EXHIBIT A TO INTERLOCAL AGREEMENT BETWEEN THE CITIES CONTRACTING WITH YAKIMA Ù-5 INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNA nON, CLYDE HILL, COVINGTON, DES MOINES, DUV ALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST P ARK., MAPLE V ALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATILE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE AND TOWN OF YARROW POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY TIllS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this - day of . 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish,Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington ("Yakima County"). A. Yakima County and the Cities are each authorized by law to operate.ajail. B. The governing bodies of each of the parties have determined to enter into this Agreement as authorized by the InterlocalCooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW, as amended). C. The Cities wish to designate Yakima County's correctional facilities as a' place of confinement for the incarceration of one or more inmates lawfully committed to the Cities' custody. D. Yakima County and the Cities have detennined that long-term correctional services contracting is a responsible intergovernmental opportunity that resolves serious economic and public safety hardships for all parties. E. Yakima County intends to construct and professionally operate additional jail bed capacity, in part to meet its obligations created by this Agreement. NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties agree as follows: Agreement Between Yakima County/City of Page I b-~ 1. DEFINITIONS (a) (b) (c) (d) (e) (f) (g) A verage Daily Population ("ADP") means that number of City Inmates confined in Yakima County correctional facilities for a year, divided by 365. . Care means custody, care and treatment including basic, emergency, essential and/or major medical and dental. care, food, lodging and personal items~ as further described in Section 6 of this Agreement City Inmate means a person confined by any City for the violation of state or municipal law and delivered by any City's Police Department to the custody of Yakima County. Custody means the point in time any City Inmate is either (i)' booked into any Yakima County jail facilities or (ii) has been released by a City to the Care of Yakima County, including without limitation, the point at which Yakima County . or its agents hav~ taken physical possession of such City Inmate for transportation to any Yakima County jail facilities as described in Section 6(c), whichever occurs flfst and continues until the City Inmate is released from Yakima County jail facilities. Daily fee means that fee charged for the daily Care of City Inmates. Jail Day means the time period between 12:00:01 a.m. until 12:00 midnightl Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates from the effective date of this Agreement until June 30, 2003 and equal to 440 City In..mates from July 1, 2003 until the termination of this Agreement. 2. EFFECTIVE DATE (a) Execution of Agreement. Yakima County expects to authorize the construction and equipping of new correctional facilities to be located in Yakima County ("New Jail Facility"). The obligations of Yakima County and the Cities and the initial effective date of this Agreement shall commence only when this Agreement has been executed by a sufficient number of Cities to represent 90% of the 440 Minimum Bed Commitment. The Cities have estimated each City's respective jail population as set forth on the signature page. These estimates'shall in no way obligate each City individually to deliver these estimated populations, but are provided sòlely for the purpose of setting an effective date to this Agreement and committing the Cities 'to collectively provide the Minimum Bed Commitment. In the event this Agreement is not fully executed on or before September 1, 2002 by a sufficient number of Cities as described above, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (b) Permits and Financing. Yakima County is exercising best efforts to obtain the necessary permits and financing for the siting and construction of the New Jail Facility. The obligations of Yakima County and the effective date of this Agreement are conditioned upon Agreement Between Yakima County/City of Page 2 tJ --1 Yakima County obtaining the necessary building pennits and the issuance of bonds for the financing of the New Jail Facility no later than December 31, 2002. In the event that Yakima County is unable for any reason to obtain such permits or issue such bonds on or before December 31, 2002, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out ofthis Agreement. (c) Completion of New Jail Facility. Following the commencement of construction, Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy date, following the shakedown period, is currently estimated by Yakima County to be July 1, . 2003. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and upon completion of the required "shakedown period," Yakima County agrees to accept City Inmates pursuant to this Agreement. (d) Effective Date. If Yakima County is successful in obtaining execution of this Agreement as described in subsection (a), and in obtaining the necessary permits and financing as described in subsection (b), then the date the New Jail Facility is completed and ready for occupancy described in subsection (c) shall constitute the effective date ("Effective Date") of this Agreemem. . 3. DURATION The term of this Agreement. shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31,2009, subject to earlier tennination as provided by Section 4 ofthis Agreement. This Agreement may þe renewed for any successive period by written addendum . under terms and conditions acceptable to all of the parties. 4. TERMINATION (a) (b) Mutual Consent. This Agreement may be teIriIinated by mutual consent between Yakima County and any City; provided, however, that the ADP attributable to that City in the prior calendar year shall reduce the total Minimum Bed Commitment;. and, provided further, however, that this Agreement shall remain in full force and effect as between Yakima County and all remaining non-tenninating Cities. For Cause. This Agreement may be terminated by any party for cause. "Cause" shall mean any material violation of the terms of this Agreement or any material breach of a party's obligation under the terms of this Agreement; provided, however, that such termination shall be effective only as between a party committing such breach and the party alleging such breach. If the termination for cause is a result of Yakima County's actions, the Minimum Bed Commitment shall be reduced by an amount equal to the ADP attributable to that City in the prior calendar year. Agreement Between Yakima County/City of Page 3 b-<6 (c) (d) Notice of Tennination. No tennination shall be effective until written notice of intent to tenninate this Agreement stating with reasonable specificity the basis for the tennination and identifying the sections of the Agreement that have been violated is mailed by certified mail, return receipt requested, to all the parties to this Agreement ("Notice ofTennination"). The tennination shall not be effective for one (1) year following mailing of the Notice of Termination. The tennination of this Agreement between Yakima County and a City, whether by mutual consent or for cause, shall not affect the rights or obligations of Yakima County or any remaining City under this Agreement except for reducing the ~inimum Bed Commitment pursuant to subsection (a). Compensation for Services Rendered. In the event of termination of this Agreement, the departing City shall compensate Yakima County at the rate set forth in Section 7 up to the effective date of the termination oftþis Agreement as between Yakima County and the departing City. .- 5. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Yakima County: Contact Person: City of Contact Person: 6. Yakima County. Dept. of Corrections and Security 128 N. Second Street Yakima, WA 98901 Kenneth A. Ray, Director City of Police Department. , W A 98 AGREEMENT TO TRANSPORT AND HOUSE CITY INMATES. (a) CareofCitvlnmates. Yakima County shall maintain its correctional facilities, including the New Jail Facility, t~ Care for and house City Inmates and such other prisoners allowed by law. Yakima County shall manage, maintain and operate its jails in compliance with all ~pplicable federal, state and local laws and regulations. Yakima County shall confine City lnÍnates; provide all necessary basic, emergency and/or major medical, psychiatric, dental and hospital services and supplies; provide for the City Inmates' physical and subsistence needs; provide programs and/or treatment consistent with the City Inmates' individual needs; provide for reasonable and satisfactory video and on-site visitation for attorneys, spouses, family and Agreement Between Yakirna County/City of Page 4 ~-~ friends of City Inmates; adequately supervise City Inmates; maintain proper discipline and control; and make certain that City Inmates receive no special privileges and that the sentence and orders of the committing court are faithfully executed. Nothing contained in this section shall be construed to require Yakirna County, or any of its agents, to provide treatment, facilities or programs for any City Inmates which it does not provide for its own comparable inmates; provided, however, that Yakima County shall continuously provide inmate interpretative services which meet or exceed those interpretive services available at the King County Jail; and provided further, however, that Yakima County shall not eliminate, modify or reduce any mental health, treatment, therapy or rehabilitation facilities or programs available to Yakima County Jail inmates as of the date of the execution of this Agreement without the prior agreement of the Cities. Yakima County shall have the discretion to assign City Inmates to its various colTectional facilities, including the New Jail Facility, as deemed appropriate according to its standard operating procedures and policies. Except as provided in Section 12, it is expressly understood that Yakima County shall not be authorized to transfer custody of any City Inmate confined pursuant to this Agreement to any party other than the applicable City, or to release any City Inmate from custody without written authorization from the committing court. Yakima County shall provide or arrange for such medical, psychiatric and dental services at the expense of Yakima County in consideration for the daily fee. Whenever Yakima County identifies a City Inmate's need for special medical care that cannot be provided by the colTectional facility medical staff, Yakima County shall obtain medical services commensurate with those provided to other inmates of Yakima County. Upon request by the City, Yakima County shall provide the City with verbal or written infonnation pertaining to any medical, psychiatric or dental services provided to City Inmates. (b) Minimum Bed Guarantee. From and after the Effective Date of the Agreement and continuing until June 30, 2003, Yakima County guarantees a minimum of ISO daily jail beds for City Inmates. Commencing July I, 2003 and continuing until this Agreement is terminated, Yakima County guarantees a-minimum of 440 daily jail beds for City Inmates. If King County, Washington refuses to accept City Inmates prior to July 1, 2003, YakirÍ1a County will use best efforts to accept additional City Inmates by contracting with Benton County, Okanogan CoUnty and/or Chelan County, Washington for additional jail capacity for City Inmates. If Yakima County has jail bed capacity in excess of this minimum guarantee, Yakima County will accept additional City Inmates if requested by the Cities. Prior to constructing new jail capacity beyond the Jail Facility, Yakima will contact the Cities and offer to reduce the Minimum Bed Commitment. If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment shall be reduced by the amount of beds the City agrees to return to Yakima for its use. (c) Transports. Yakima County agrees to transport all City Inmates to and from the Yakirna County Department of CoITeCtions and Security. Yakirna County agrees to pick up City Inmates at the Renton City Jail, 1055 S. Grady Way, Renton, W A, the King County ColTectional Facility, 500 5th Avenue, Seattle,WA, the Issaquah Jail, 130 E Sunset Way, Issaquah, WA, the Fife Jail, 3737 Pacific Highway East, Fife, W A, the Auburn Jail, 25 W. Main Street, Auburn, W A and the Regional Justice Center, 401 4th Avenue N., Kent, W A, and/or such other locations in King County as designated by the Cities. The cost of Care of City Inmates as set forth in - Agreement Between Yakima County/City of Page 5 D-IO Section 7 shall cover a minimum of one (1) roundtrip transport every day, seven days a week and Yakima County commits to transport as many City Inmates as are available for such transport. If any City requests additional transports, the cost shall be agreed upon between Yakima County and the requesting City. 7. COMPENSATION (a) Daily Fee. In consideration of Yakima County's commitment to provide Care for City Inmates, the Cities agree to pay Yakima County a daily fee for the housing and Care of each City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge a booking fee or any other fees in connection with the Care of City Inmates. The following daily fee includes a $10 medicaVdental fee per bed per day imd increases at a rate of5% per annum: DAILY FEE PER CITY INMATE YEAR (bed maintenance + medicaVdental fee) 2002 $ 56.00 2003 $ 58.80 2004 $ 61.74 2005 $ 64.83 2006 $ 68.07 2007 $ 71.47 2008 $ 75.05' 2009 $ 78.80 '.- (b) Minimum Bed Commitment Fee. The Cities agree to maintain the Minimum Bed Commitment, adjusted for any reductions due to tennination by mutual consent set forth in . Section 4(a), after the effective date of this Agreement and until the tennination of this Agreement. The ADP of City Inmates shall be reconciled on an annual basis. During the 1mt quarter of each year, Yakima County shall calculate the ADP of all City Inmates during the prior calendar year. In the event this annual ADP falls below the Minimum Bed Conimitment, then the Cities shall be charged for the difference between the actual ADPand the MÎi1Ìmum Bed Commitment. The Cities shall be billed for this amount consistent with Section 7(c). (c) Billing and Payment. Yakima County shall provide each of the Cities with individual monthly statements itemizing the names of each City Inmate who is receiving Care from Yakima County, the case or citation number, and the,number of days of Care, including the date and time, booked into the Yakima County jail facilities and the date and time released from the Yakima County jail facilities. Yakima County shall pro-rate the Daily Fee of any City Inmate that has multiple charges among the Cities by dividing the Daily Fee pro-rata among those Cities with such multiple charges. Each Cities' individual monthly statement shall also include a statement showing the number of bed days used by all other Cities. Yakima County agrees to Agreement Between Yakima County/City of Page 6 b-{ \ .' provide said statement for each month on or about the 10th day of the following month. Payment shall be due to Yakima County within sixty (60) days from the date the statement is received. Payments not received by the 60th day shall bear interest at the rate of 1 % per month until payment is received. Any billing for failure to meet the Minimum Bed Commitment shall be delivered to each of the Cities during the first quarter of each year and shall include a reconciliation of all the Cities usage and each Cities ADP during the prior calendar year. By separate contract, the Cities have agreed on the division of this bill among the Cities. 8. RIGHT OF INSPECTION The Cities shall have the right to inspect, at all reasonable times, all Yakima County jail facilities in which City Inmates are confined in order to determine if such jail facilities maintain standards of confinement acceptable to the Cities and that such inmates therein are treated on a nondiscriminatory basis in accordance with all applicable federal, state and local requirements. 9. INMATE ACCOUNTS Yakima County shall establish and maintain an account for each City Inmate and shall credit to such account any additional personal funds received on account of such City Inmate ("Inmate Funds") and shall make disbursements for the City Inmate's personal ne~, debiting such account in accurate amounts. Yakima County shall maintain a satisfactory procedure to accept and deposit additional funds from family members and friends into individual City Inmate accounts. Such procedure shall include the acceptance of cashier's and government checks and cash by Yakima County on behalf of City Inmates. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. Yakima County shall be accountable to the City for such Inmate Funds. At the earlier of the teI1I1Ï1.1;ation of this Agreement, the City Inmate's death, release ftom incarceration or return to either the City or indefinite release to the court, the Inmate's Funds shall be transferred to the City. Upon request of the City, the Yakima County Department of Corrections and Security will transfer all or any portion of Inmate Funds that may be reimbursed to a City Inmate to the City in the form of a check in the name of the City Inmate eligible for said reimbursement. 10. DISCIPLINE Yakima County shall have physical control over and power to execute disciplinary authority over all City Inmates. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline prohibited by state or federal law or the imposition of a type of discipline that would not be imposed on a comparable Yakima County inmate. Agreement Between Yakima County/City of Page 7 ~-\L 11. RECORDS AND REPORTS (a) Before or at the. time of delivery of each City Inmate, the City shall forward to Yakima County a copy of all records of the City Inmate pertaining to his/her present incarceration at the Renton City Jail, the King County Correctional Facility and/or the Regional Justice Center. If additional infonnation is requested by Yakima County regarding a particular City Inmate, the parties shall mutually cooperate to provide any additional infonnation. (b) Yakima County shall keep all necessary and pertinent records concerning City Inmates in the manner mutually agreed upon by the parties hereto. During confmement in the Yakima County jail, the City Inmate shall, upon request, be entitled to receive and be furnished with copies of any report or record associated with said City Inmate's incarceration. 12. REMOVAL FROM THE YAKIMA COUNTY JAIL Except for City Inmates eligible for correctional work details and under the direct supervision of a correction officer, a City Inmate shall not be removed from the Yakima County jail by any person without written authorization from the City or by order of any court having jurisdiction. Yakima County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or work releas~ shall be granted to aný City Inmate housed pursuant to this Agreement without written authorization by the committing court. This section shall not apply to an emergency necessitating the immediate removal of the City Inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an imminent danger to the safety of the City Inmate or to other inmates or personnel of Yakima County. In the event of any such emergency removal, Yakima County shall inform the City of the whereabouts of the City Inmate at the earliest practicable time and shall exercise all reasonable care for the safe keeping and custody of such City Inmate. 13. ESCAPES In the event any City Inmate shall escape from Yakima County's custody, Yakima County will use all reasonable means to recapture the City Inmate. The escape shall be reported promptly to the City. Yakima County shall have the primary responsibility for. and authority to direct the pursuit and retaking of the City Inmate or any other inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Yakima..çounty; however, Yakima County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 14. DEATH OF A CITY INMATE . (a) In the event of the death of a City Inmate, the Yakima County Coroner shall be notified promptly. The City shall receive copies of any records made at or in connection with such notification. Yakima County will investigate any death within its facility and will allow the City to join in the investigation. The City shall have the right to obtain copies of any police investigation report pertaining to the death of a City Inmate in the Yakima County jail facility. Agreement Between Yakima County/City of Page 8 t)-I~ (b) Yakima County shall promptly notify the City of the death of a City inmate, furnish information as requested by a City ahd, subject to the authority of the Yakima County Coroner, follow the instructions of the City with regard to the disposition of the body. The City shall provide written instructions regarding the disposition of the body within three business days of receipt by the City of notice of such death. The City shall pay all expenses necessary for the preparation and shipment of the body. With the City's consent, Yakima County may arrange for burial and all matters related or incidental thereto and the City shall pay all such expenses. The provisions of this section shall govern only the relations between or among the parties hereto and shall not affect the liability of any other person for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any City Inmate who has died while in Yakima County custody. 15. RETAKING OF INMATES In event the confinement of any City Inmate is terminated for any reason by either party, retaking of City Inmates shall be coordinated in the same manner and at the same rates as if this Agreement had not been terminated, or in a manner as agreed in writing by the parties. 16. HOLD HARMLESS AND INDEMNIFICATION (a) The City shall defend. indemnify and hold harmless Yakima County, its officers, agents and employees, from and against any and all. claims, costs, judgments or damages, including attorney's fees, arising out of or resulting from the negligent acts or omissions, tortious actions, or civil rights violations under State or Federal law of the City, its officers, agents and employees in connection with the confinement of any City Inmate by Yakima County. (b) Yakima County shall deferid. indemnify and hold harmless the City,.its officers, agents and employees, from and against any and all claims, costs, judgments or damages, including attorney's fees and costs, arising out of the negligent acts or omissions, tortious actions, or civil rights violations under State or Federal law of Yakima County, its officers, agents and employees in connection with the Care, Custody or confinement of any. City Inmate by Yakima County. As part of its obligations, Yakima County shall defend. indemnify and hold harmless the City, its officers, agents and employees, from and against any and all claims of any kind whatsoever related to the transportation of City Inmates in the Custody of Yakima County. (c) Yakima County and the Cities hereby waive, as to each othêr only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. (d) The provisions of this Section 16 shall survive any termination or expiration of this Agreement. Agreement Between Yakima County/City of Page 9 ~-I~ 17. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement; (b) Each party shall obtain and maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage 'on an occurrence basis. ;":' ;:~. (c) The coverage evidenced in Section 17(b) may not be sufficient to cover all liability losses and related claim settlement expenses. Evidence of these limits of coverage does not relieve Yakima County from liability for losses and settlement expenses greater than these limits. RIGHT TO REFUSE INMATES 18. (a) Yakima County shall have the right to ,refuse to accept anY,City Inmate beyoQ.d the Minimum Bed Commitment when, in the opinion of Yakima County, the Yakima County jails' inmate population is at or so near capacity that there is a substantial risk that the operational capacity limits of the jail facilities might be reached. ' , (b) Except as provided for in subsection (a), and notwithstanding any classification criteria or other policies or procedures in existence or hereinafter adopted by Yakima County seemingly to the contrary, Yakima County shall have the'right to refuse to accept a City Inm~te, or to return a City Inmate to a City, only if, in the reasonable judgment of Yakima County, such City Inmate has a current illness or injury which may adversely affect the operations of the Yakima County jail, prèsents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. If a City Inmate is being returned to the City pursuant to this subsection (b), the cost of transport shall be paid by the City unless the transport can be made by Yakima County within the terms set forth in Section 6( c) of this Agreement. 19. INDEPENDENT CONTRACTOR In providing services under this Agreement, Yakima County is an indep~ndent contractor and neither it nor its officers, agents or employees are employees of the Cities or any City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue, to an employee of the Cities or Agreement Between Yakima County/City of Page 10 D-JS any City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 20. GENERAL PROVISIONS This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or . modified except by written agreement signed by all of the parties. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest and assigns; provided, however, that Yakima County shall not delegate its duties pertaining to City Inmate Care without the written consent of the applicable City, which consent shall not be withheld unreasonably. Any provision that is declared invalid or illegal shall in no way affect or invalidate any other provision. ill the event either party defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to an award of all its attorney fees, costs and expenses. Failure of any party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which perfonnance is a factor. Yakima represents and assures the Cities that no other King, Pierce or Snohomish County or city located within such county will receive more favored treatment under a contract with Yakima covering the Care of any inmates. The laws of the state of Washington shall govern this Agreement. Any action, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court for the State of Washington in Thurston County. This Agreement may be executed in any number of counterparts. Upon Effective Date, this Agreement modifies, supersedes and replaces any. and all contractual provisions, promises, or covenants contained in any previous agreement between any City and Yakima County. / I I I I I I I I Agreement Between Yakima County/City of Page II ~-I t, IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: BOARD OF YAKIMA COUNTY ATTEST: COMMISSIONERS . By: Carla Rodriquez, Clerk of the Board of James M. Lewis, Chairman Yakima County Commissioners By: Approved as to Fonn: Jesse S. Palacious, Commissioner By: Ronald S. Zirkle Ronald F. Gamache, Commissioner Chief Deputy Prosecuting Attorney For Yakima County CITY OF ALGONA, W A Approved as to Fonn: By: Glenn Wilson, Mayor George Kelley, Algona City Attorney Estimated ADP: CITY OF AUBURN, W A Approved asto.Fonn: By: Peter B. Lewis, Mayor Daniel B. Reid, Auburn City Attorney Estimated ADP: TOWN OF BEAUX ARTS VILLAGE, W A Approved as to Fonn: By: . Charles R. Lowry, Mayor Wayne Stewart, Town Attorney Estimated ADP: CITY OF BELLEVUE, W A Approved as to Fonn: By:. Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney Estimated ADP: Agreement Between Yakima County/City of Page 12 D-/l CITY OF BLACK DIAMOND, W A Approved as to Form: By: Howard Botts, Mayor Loren D. Combs, City Attorney Estimated ADP: CITY OF BOTHELL, W A Approved as to Form: By: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney Estimated ADP: CITY OF BURIEN, W A Approved as to Form: By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney Estimated ADP: , CITY OF CARNATION, W A Approved as to Form: By: Woody Edvalson, City Manager Phil A Olbrechts, Carnation City Attorney Estimated ADP: CITY OF CLYDE HILL, W A Approved as to Form: By: George S. Martin, Mayor Clyde Hill City Attorney Estimated ADP: CITY OF COVINGTON, W A Approved as to Form: By: Andrew D. Dempsey, City Manager Duncan C. Wilson, Covington City Attorney Estimated ADP: CITY OF DES MOINES, W A Approved as to Form: By. Tony Piasecki, City Manager Des Moines City Attorney Estimated ADP: Agreement Between Yakirna County/City of Page 13 b-l~ CITY OF DUVALL, W A Approved as to Form: By: Becky Nixon, Mayor Bruce Disend, Duvall City Attorney Estimated ADP: CITY OF FEDERAL WAY, WA Approved as to Form: By: By: David H. Moseley, City Manager Bob C. Sterbank, Federal Way Estimated ADP: City Attorney CITY OF ISSAQUAH, W A Approved as to Form: By: By: A va Frisinger, Mayor Wayne D. Tanaka, Issaquah Estimated ADP: City Attorney CITY OF KENMORE, W A Approved as to Form: By: Stephen L. Anderson, City Manager Michael R Kenyon, Kenmore City Attorney Estimated ADP: CITY OF KIRKLAND, W A Approved as to Form: By: . David H. Ramsay, City Manager Gail Gorud, Kirkland City Attorney Estimated ADP: . CITY OF LAKE FOREST PARK, W A Approved as to Form: By: David R Hutchinson, Mayor Michael P. Ruar~ Lake Forest Park Estimated ADP: City Attorney CITY OF MAPLE VALLEY, W A Approved as to Form: By:. John F. Starbard, City Manager Lisa Marshall, Maple Valley City Attorney Estimated ADP: Agreement Between Yakiina County/City of Page 14 ~-'1 CITY OF MEDINA Approved as to Fonn: By: Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney Estimated ADP: CITY OF MERCER ISLAND, W A Approved as to Form: By: Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney Estimated ADP: CITY OF NEWCASTLE, W A Approved as to Form: Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney Estimated ADP: CITY OF NORMANDY PARK, W A Approved as to Form: By: Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park Estimated ADP: City Attorney CITY OF NORTH BEND, W A ApproYed as to Form: By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney Estimated ADP: CITY OF PACIFIC, W A Approved as to Form: By: Howard Erickson, Mayor Bruce Disend, Pacific City Attorney Estimated ADP: CITY OF REDMOND, W A Approved as to Form: By:. Rosemarie Ives, Mayor James E. Haney, Redmond City Attorney Estimated ADP: Agreement Between Yakima County/City of Page 15 ~~2D CITY OF RENTON, W A Approved as to Form: By: Jesse Tanner, Mayor Lawrence J. Warren, Renton City Attorney Estimated ADP: CITY OF SAMMAMISH, W A Approved as to Fonn: By Ben yazici, City Manager Bruce Disend, Sarnmamish City Attorney Estimated ADP: . CITY OF SEATAC, WA Approved as to Form: . ... By: Jay Holman, Acting City Manager Robert L. McAdams, SeaTac City Attorney Estimated ADP: CITYOFSEAITLE, WA Approved as to Form: By: Gregory J. Nickels, Mayor Thomas A Carr, Seattle City A~omey Estimated ADP: CITY OF SHORELINE, W A Approved as to Form: By: Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney Estimated ADP: CITY OF SKYKOMISH, W A Approved as to Form: By: Skip Mackner, Mayor J effiey Ganson, Skykomish City Attorney Estimated ADP: .. .' CITY OF SNOQUALMIE, W A Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney Estimated ADP: Agreement Between Yakima County/City of Page 16 b-2\ CITY OF TUKWILA, W A Approved as to Form: By: Steve Mullet, Mayor Robert F. Noe, City Attorney Estimated ADP: CITY OF WOODINVILLE, W A Approved as to Form: By: Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Attorney Estimated ADP: TOWN OF YARROW POINT, W A Approved as to Form: By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney Estimated ADP: STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington,. duly commissioned and sworn, , to me known to be the City ManagerlMayor of the Cityrrown of , a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this - day of , 2002. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: L:\JAlL\5-17-02 Clean L-trm Yakima Contract.doc Agreement Between Yakima County/City of Page 17 b- 2- L INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA; WOODINVILLE AND TOWN OF YARROW POINT, WASHINGTON (CITIES) TO ESTABLISH THE TERMS THAT WilL GOVERN THE RIGHTS, DUTIES, AND RESPONSffiILTIES OF THE CITIES IN THEIR DEALINGS WITH EACH OTHER RELATING TO THE INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITIES FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS, WASHINGTON This Interlocal Agreement ("Agreement") is made and entered into between ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURlEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST. PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATI'LE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE AND TOWN OF YARROW POINT, WASHINGTON ("Cities.") A. The Cities enter into this Agreement pursuant to and as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW, as amended). B. The Cities have entered into an Interlocal Agreement ("Long Term Jail Contract") with Yakima County ("Yakima County") for the purpose of temporarily housing inmates ftom The Cities in Yakima county's Department of Corrections jail facilities. Said Long Tenn Jail Contract has been signed contemporaneously herewith. . C. The Long Term Jail Contract commits Yakima County to provide the Cities, collectively, with a Minimum Bed Commitment and the Cities desire to establish an agreement as between themselves regarding the use by the Cities of the Minimum Bed Commitment, including how the Cities will allocate those jail beds as between themselves. D. The Long Term Jail Contract sets out the charges that will be made by Yakima County to the Cities, and the Cities desire to establish an agreement as between themselves regarding the duties and responsibilities of each City with respect to such charges, including providing for the right of the Cities collectively to cure any failure to discharge such duties and responsibilities by an individual City. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 1 of 11 '" .~ 7 <-.. E. The Long Term Jail Contract contains provisions regarding termination of the application ofthe Long Term Jail Contract as it relates to any City and the Cities desire to establish an agreement as between themselves regarding those circumstances under which the consent of the Cities to such termination may be granted. F. Yakima County is making best efforts to obtain the necessary permits and financing for a new jail facility necessary to meet the Minimum Bed Commitment, and the Cities understand that the corrections facilities used by Yakima to meet the Minimum Bed Commitment may be an existing jail facility or the new jail facility as anticipated by the Long Term Jail Contract. NOW, THEREFORE, in consideration of the above recitals, the payment~ to be made, the mutual promises and covenants herein contained, and for other good ali~ valuable consideration, the parties agree as follows: ;H 1. TERM: This Agreement shall be effective when executed by all Cities AND the Long Term Jail Contract is in effect, as defined therein. The term of this Agreement shall end at 11:59:59 p.m. December 31,2009, OR upon the termination of the Long Term Jail Contract, whichever occurs first. This Agreement may be renewed for any successive periods, by written addendum, under terms and conditions acceptable to all of the parties. No City that is a party to this Agreement at its inception will be required to be a party to any renewal of this Agreement. 2. DEFINITIONS: Average Daily Population: That number of City Inmates confined in Yakima County jail facilities for a year, divided by 365 Cities means Algona, AubUrn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammåmish, . SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville, and Yarrow Point, Washington. City means a Washington City or town that is a party to this Agreement. . . City Inmates means offenders confined by any City for the violation of state or municipal law and delivered by any City's Police Department to the custody of Yakima County, or its designee for purposes of transport. Custody means the time any City Inmate is either (i) booked into any Yakima County jail facilities or (ii) has been released by a City to the care of Yakima County, including Interlocal Agreement Between "The Cities" Contracting With Yakima Page 2 of 11 .~ - 1- L\ . without limitation, the point at which Yakima County or its agents have taken physical possession of such City Inmate for transportation to any Yakima County jail facilities, whichever occurs first. Estimated Average Daily Population ("EADP") means that number of City Inmates that each City estimates it will confine in Yakima County jail facilities in a year, divided by365. Jail Day means the time period between 12:00:01 a.m. until 12:00 midnight. J ail Facility includes existing or newly constructed jail facilities of Yakima County. Minimum Bed Commitment means the bed commitment made by the Cities collectively to maintain an average daily population ("ADP") in Yakima County jail facilities equal to 150 City Inmates from the effective date of this Agreement until June 20,2003 and equal to 440 City Inmates from July 1,2003 until the termination of this Agreement. Offender means any person who has been ordered committed by a court, including pre- trial detainees. Overused Bed Commitment means the difference between a City's EADP and the actual number of City Inmates sent to Yakima County by that City, where the actual number is more than that City's EADP. Unused Bed Commitment means the difference between. a City's EADP and the actual number of City Inmates sent to Yakima County by that City, where the actual number is less than that City's EADP. 3. TERMINATION: Any City may terminate its participation in this Agreement as provided for herein. Such termination shall not be effective for twelve (12) months following written notice of Intent to Terminate to each other contracting City. In the event any City's participation in the Long Term Jail Contract is terminated for cause, as defined therein, such City shall remain responsible to Yakima County for that City's EADP through December 31,2009, or the end ofthe then existing term if the Long Term Jail Contract has been extended before the termination for cause. It will be considered a default of this Agreement if a City terminated for cause under the Long . Term Jail Contract fails to make any required payment to Yakima County for such City's unused EADP throughout the relevant time period under the Long Term Jail Contract, as specified above. Although no joint acquisition use, or disposal of personal or real property is contemplated by this Agreement, should any such property be acquired for purposes of fulfilling this Interlocal Agreement Between "The Cities" Contracting With Yakima Page30fll b--25 Agreement, upon termination the same shall be solely owned by the party purchasing the same. 4. DEFICITS IN USAGE: Each City has generated an EADP. Attached hereto as Exhibit A, and incorporated by this reference, is the EADP of each City. In the event the Cities collectively fail to meet their Minimum Bed Commitment for any year during the term of the Long Term Jail Contract, the _EADPs set forth in Exhibit A shall be used by the Cities as a baseline for the calculation of the proportionate share owed by any individual City to Yakima:. Only those Cities that have Unused Bed Commitment for the year will be responsible for paying Yakima for such Unused Bed Commitment:. For purposes of this section, "proportionate share" shall mean_the productresulting ftom multiplying the (Amount owed to Yakima for Unused Bed Commitment) by the quotient obtained by dividin&.the (EADP of a City with Unused Bed Commitment) by the (Sum of EADPs of all Cities with Unused Bed Commitment.) As expressed in the formula below: (Amount owed to Yakima for' X Unused Bed Commitment) (EADP of a City wlUnused Bed Commitment) (Sum ofEADPs of All Cities wlUnused Bed Commitment) 5. ADDITIONAL USAGE: The Cities acknowledge that the Long Term Jail Contract does not require each City to maintain a jail usage equal to that City's EADP. Overused Bed Commitment by one City may inure to the benefit of the parties hereto. However, Overused Bed Commitment in excess of 5% may create a hardship for other contracting Cities. Therefore, prior to usage in excess of 5% of its EADP, a City must obtain consent ftom any other of the Cities to use a portion of the other City's EADP. 6. GENERAL PROVISIONS: (a) This Agreement contains all of the agreements of the Cities with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by all of the Cities. (b) Any provision that is declared invalid or illegal shall in no way affect or invalidate any other provision. . (c) In the event any City defaults on the performance of any terms of this Agreement or any City places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing City or Cities shall be entitled to an award of all its/their attorney fees, costs, and expenses. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 4 of 11 b -210 (d) Failure of any City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not constitute a waiver of such breach or default. ( e) Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court or the State of Washington in King County. Presenting disputes to the JAG, as defined below, and to a mediator shall be conditions precedent to the commencement of any judicial process to enforce the terms of this Agreement. (t) This Agreement may be executed in any number of counterparts. (g) The laws of the State of Washington shall govern this Agreement. 7. ADMINISTRATION OF AGREEMENT: Each City shall appoint a representative to participate in a Jail Administration Group ("JAG"). The JAG will appoint a chairperson to preside over all meetings and a YÌce- chairperson to preside in the absence of the chairperson. The JAG will conduct its meetings according to the most recent edition of Roberts Rules of Order. The JAG will meet quarterly to address all questions or disputes regarding the terms of this Agreement which may arise. In the event any City/Cities present a dispute to the JAG, and the JAG is unable to resolve the dispute in a fashion acceptable to the Cities involved, the Cities agree that they will submit the dispute to mediation. 8. MAILING ADDRESSES: All notices and correspondence to the respective parties to this Agreement shall be sent to the chief law enforcement officer for each City 9. CURRENT CONTRACTS: Some Cities hereto have pre-existing agreements for temporary detention of City Inmates at the Renton City Jail while awaiting transfer to the Yakima County Jail. Those agreements shall remain in full force and effect according to the tenns therein. 10. INSURANCE: (a) Each City agrees to provide the other Cities with evidence of insurance coverage, in the form of a certificate of insurance ftom a solvent insurance provider and/or a letter confirming coverage ftom a solvent insurance pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement; Interlocal Agreement Between "The Cities" Contracting With Yakima Page 5 of 11 \::)- 2l (b) Each City shall obtain and maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 11. HOLD HARMLESS/INDEMNIFICATION: Each City shall defend, indemnify and hold hannless all other Cities, their officers, . agents and employees, ITom and against any and all claims, including third party claims, costs, judgments or damages, including attorney's fees, arising out of the negligent acts or omissions of the City in connection with this Agreement. The Cities hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Cities. The provisions of this Section shall survive any tennination or expiration of this Agreement. IN WITNESS WHEREOF, the above and foregoing Agreement has been. executed in duplicate by the parties hereto and made effective when all cities have fully executed this Agreement. CITY OF ALGONA, W A Approved as to Form: By: Glenn Wilson, Mayor George Kelley, Algona City Attorney CITY OF AUBURN; W A Approved as to Form: ,.. By: Pete Lewis, Mayor Daniel B. Heid, Auburn City Attorney TOWN OF BEAUX ARTS VILLAGE, W A . Approved as to Form: By: . Charles R. Lowry, Mayor Wayne Stewart, Town Attorney CITY OF BELLEVUE, W A Approved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 6 of 11 . 1) - 2~ .' By: Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney CITY OF BLACK DIAMOND, W A Approved as to Form: By: Howard Botts, Mayor Loren D. Combs, City Attorney CITY OF BOTHELL, W A Approved as to Form: By: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney CITY OF BURIEN, W A Approved as to Form: By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney CITY OF CARNATION, W A Approved as to Form: By: Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney CITY OF CLYDE HILL, W A Approved as to Fonn: By: George S. Martin, Mayor Clyde Hill City Attorney CITY OF COVINGTON, W A Approved as to Fonn: By: Andy Dempsey, City Manager Duncan C. Wils.on, Covington City Attorney CITY OF DES MOINES, W A Approved as to Fonn: By Tony Piasecki, City Manager Des Moines City Attorney CITY OF DUV ALL, W A Approved as to Form: By: Becky Nixon, Mayor Bruce Disend, Duvall City Attorney CITY OF FEDERAL WAY, W A Approved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 7 of 11 D- 2-1 By: By: I David H. Moseley, City Manager Bob C. Sterbank, Federal Way City Attorney CITY OF ISSAQUAH, W A Approved as to Form: By: By: A va Frisinger, Mayor Wayne D. Tanaka, Issaquah City Attorney CITY OF KENMORE, WA Approved as to Form: By: Stephen L. Anderson, City Manager Michael R Kenyon, Kenmore City Attorney CITY OF KIRKLAND, W A Approved as to Form: By: David Ramsay, City Manager Gail Gorud, Kirkland City Attorney CITY OF LAKE FOREST PARK, W A Approved as to Form: By: David R Hutchinson, Mayor Michael P. Ruark, Lake Forest Park City Attorney CITY OF MAPLE VALLEY, W A Approved as to Form: By: John F. Starbard, City Manager Maple Valley City Attorney CITY OF MEDINA, W A Approved as to Form: By: Douglas J. Schulze, City Manager Kirk R Wines, Medina City Attorney '.. CITY OF MERCER ISLAND, W A Approved as to Form: By: Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney CITY OF NEWCASTLE, W A Approved as to Form: By: Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney CITY OF NORMANDY PARK, W A Approved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 8 of 11 .~ -3tJ By: Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park City Attorney CITY OF NORTH BEND, WA Approved as to Form: By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney CITY OF PACIFIC, W A Approved as to Form: By: Howard Erickson" Mayor Bruce Disend, Pacific City Attorney CITY OF REDMOND, W A Approved as to Form: By: Rosemarie Ives, Mayor James E. Haney, Redmond City Attorney CITY OF RENTON, W A Approved as to Fonn: By: Jesse Tanner, Mayor Lawrence J. Warren, Renton City Attorney CITY OF SAMMAMISH, WA Approved as to Fonn: By Ben yazici, City Manager Bruce Disend, Sammamish City Attorney CITY OF SEATAC, W A Approved as to Form: By: Jay Holman, ActingCity Manager Robert L. McAdams, SeaTac City Attorney CITY OF SEATTLE, W A Approved as to Form: By: Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City Attorney CITY OF SHORELINE, W A Approved as to Form: By: Steven C. Burkett, City Manager Ian Sievers, Shoreline City Attorney CITY OF SKYKOMISH, W A Approved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 9 of II b -3\ I By: Skip Mackner, Mayor Jeffrey Ganson, Skykomish City Attorney CITY OF SNOQUALMIE, W A Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney CITY OF TUKWILA, W A Approved as to Form: By: Steve Mullet, Mayor Robert F. Noe, City Attorney CITY OF WOODINVILLE, W A Approved as to Form: By: Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Attorney TOWN OF YARROW POINT Approved as to Form: By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney I III III III III STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, , to me known to be the City Manager/Mayor of the Cityrrown of , a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that helshe was authorized to execute said instrument. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 100fil b--3"L Given under my hand and official seal this - day of 2002. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 11 ofll 1>-35 5.E City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: June 3,2002 To: Parks, Recreation, Human Services & Public Safety Council Committee Anne E. Kirk~atrick, Chief of POIiCÛ Z ¿ David M~anger City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training From: Via: Subject: Background: The City of Belle vue is providing its K9 Training Master to the City of Federal Way to assist in the training and certification of a newly fonned K-9 unit police dog generalist team for general police services support; specifically in the areas of tracking and trailing, area and building searching, evidence recovery, and pursuit/protection. Start-uJ> Costs: There is currently no cost to the City of Federal Way for the K9 Training. Committee Recommendation: Approve the City of Federal Way and City of Belle vue Interlocal Agreement for K9 Training and forward to full Council for consideration at the June 18, 2002, Council Meeting. .. , APPRØVAL ØFCØMMI'ITEEREPORT: . Committee,Chair Committee MenÍber Committee Member ~ -\ ~. .. INTERLOCAL AGREEMENT This Interlocal Agreement (Agreement) is made and entered into on the date last signed below by and between the City of Bellevue and the City of Federal Way pursuant to and as authorized by the Interlocal Cooperation Act (RCW 39.34). Whereas, the City of Bellevue is providing its Kg Training Master to the City of Federal Way to assist in the training and certification of a newly formed K-9 unit police dog generalist team for general police services support; specifically in the areas of tracking and trailing, area and building searching, evidence recovery, and pursuit/protection currently at no cost to the City of Federal Way; and Whereas, the opportunity to provide this training to the City of Federal Way allows the City of Bellevue's K-9 Training Master to become certified by the Washington State Police Canine Association as a Trainer, which benefits the City of Bellevue by making its K-9 Unit able to certify its own K-9 teams to State standards as well as to have input into what those standards should be. Now therefore, in consideration of the above recitals: The City of Federal Way agrees to defend, indemnify and hold harmless the City of Bellevue, its officials, agents and employees from and against any and all claims, damages, liabilities, costs and expenses (including but not limited to reasonable attorneys fees) arising out of, resulting from or incurred in connection with the acts or omissions of the Federal Way K-9 unit dog(s) and/or personnel assigned to the unit. The City of Federal Way hereby waives any immunity, defense or other protection that may be afforded by any workers' compensation, industrial insurance or similar laws (including, but not limited to the Washington Industrial Insurance Act, 1itle 51 of the Revised Code of Washington). The obligation to indemnify, hold harmless and defend as set forth in this Agreement shall survive the termination or expiration of the Agreement. The signatories to this Agreement represent and warrant that he/she/they are authorized to sign an Interlocal Agreement on behalf of their respective municipalities. THE CITY OF FEDERAL WAY Dated: By: Title: E-2- .- Dated: Ë-:3 THE cm OF BEllEVUE By: Title: 5.F CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: May 31, 2002 lydia Assefa- a 0, Human Services Manager David Moseley I nager 2002 Human Se ices ommission Work Plan BackÇlround The Human Services Commission finalized its proposed 2002 Work Plan on May 13, 2002, which is consistent with the Commission's roles and responsibilities as defined in City Ordinance #90-72. This Work Plan is being presented to the Council Committee, in accordnace to the Ordinance, which states: "... the Human Services Commission shall make reports and recommendations to the City Council and City Manager concerning human services issues... n This Work Plan is being submitted to Council Committee on June 10th, before it goes to full Council on June 18th. 2002 Human Services Commission Work Plan Completion of the work plan has been delayed this year due to staff turn-over, a special 2002 County Development Block Grant allocation process and orientation of new commission members prior to the Work Plan development. Here is a proposed work plan and the lead person for each project. 1) learn more about current human services needs and identify gaps in the human services system. . Host a Community Forum to identify needs and gaps. . Complete analysis of the 2000 census information for Federal Way. lead: Dave Baker, Karen Pettingell and Staff. 2) Review Community Development Block Grant (CDBG) funding options, i.e. Wl1ether to receive funding as a direct entitlement entity from Housing and Urban Development (HUD)or stay in the King County Consortium under a 3 year contract. Make recommendation to the City Council. lead: Staff 3) Learn about sub-regional human services planning efforts . Update on the South King County Human Services Forum . Update on the South King Council of Human Services . Follow information and provide input on King County's proposed budget cuts to Human Services lead: Staff þ-\ PRHSPS Human Services Work Plan 06/10/02 4) Review the performance of contracted agencies (Human Services and CDBG) on a quarterly basis. Lead: Staff 5) Conduct the special 2002 CDBG and regular 2003 CDBG allocation processes and make recommendations to the Council. This includes review of the 2003 CDBG Pass Through Acceptance form and estimated funding available, review and evaluation of applications, applicant interviews, deliberations, recommendations to the City Council, and evaluation of . the processes. Lead: Staff 6) Conduct the 2003-4 Human Services allocation process and make recommendations to Council. This includes review of estimated funding available, review and evaluation of applications, applicant interviews, deliberations, recommendations to the City Council and evaluation of the process. Lead: Staff 7) Tour Human Services agencies that receive City funding. Commissioners will sign up to visit 2 agencies and report back to the Commission by August 31. Lead: All Commissioners . 8) Develop Partnerships with service clubs, churches, human services agencies, Federal Way Public Schools and the Greater Federal Way Chamber of Commerce to increase. coordination and collaboration around human services issues. . Explore other funding sources and opportunities, as the budget for human services continues to decline. . Consider using the City's cable channel to promote human services programs funded by the City by showing agency videos on the channel. Lead: Dave Larson, Julie Grant, Vicki Bunker 9) Commission members will continue working closely with all levels of City government by: a) Regularly attending City Council and Council Committee meetings and b) Emphasizing the need to maintain a strong level of Human Services funding in the City budget process. Summary The Commission is committed to assume and fulfill these responsibilities and confident that the 2002 Work Plan will enable the Commission and staff to provide the Community with a clear service delivery system. If you have any questions about the Work Plan before your meeting, please contact Lydia Assefa-Dawson, Human Services Manager, at 253-661-4039. . 2 Ç=--2- PRHSPS Human Services Work Plan 06/10/02 Committee Recommendation 1. 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. 2. Approve the Human Services Commission's 2002 Work Plan as amended by the Committee and forward to the full Council for approval on June 18, 2002 . . . <., ,ApPRÖV AU:OF. COMMITTEE :REPORT:, ;;;,,:;:,:,~~(\:; ':'i~'," , .,: .,::~;~:;;;<'~';~!!lr,:;~;: ~C.....ò.'m.'.'."ñiittë.ë.\.Ç.h."air" :"':.:' -",.:_.:i,~c,o.'.'.'.mñiittëé~M. e'" 'f""o""""""<1"""",I""""""',,, ". . '. ." ::"'~'~,""""'I!IJ!:.W",.h""'", ,'" . ";,,:.(~~~:'.~é'i. ~:~,~\.Gomml.tteei,Mem .,' '" "~~i'~'~""""'íWiCt-.';~~' "",,"~>i , 3 r--3 5.G CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: ir, Human Services Commission nager 2003 CDBG Pa s-Through Acceptance Background As part of the City's joint agreement with the King County Community Development Block Grant (CDBG) Consortium, the City must annually elect to receive a pass-through of CDBG funds. The form (Attachment 1) indicates the City's desire to receive a CDBG pass-through for 2003. The.form must be reviewed by the City Council, signed, and submitted to the County prior to June 28, 2002. The County Consortium estimates the amount of CDBG funds that will be available to Consortium members for the next program year. This estimate is based upon the President's proposed 2003 budget. As budget deliberations continue at the federal level, the estimate may be adjusted. The final 2003 CDBG allocation for the Consortium will be set by the U.S. Department of Housing and Urban Development in mid-December 2002. CDBG in 2003 The City of Federal Way's share of the Consortium's estimated 2003 grant is $551,800 consisting of $505,094 CDBG pass-through and $46,706 of program income. The estimate is broken down as follows: Planning and Administration Additional Planning and Admin Requested Public (Human) Services Capital Projects Housing Repair Program Economic Development Set-aside Discretionary Capital Projects $57,765 $20,000 $90,714 $120,000* $82,770** $180,551 $383,321 Total: $551,800 * Additional information on Housing Repair provided in Attachment 2 ** Represents 15% of $551,800 Ad.ditional funds available to the City may be added in July 2002. These are recaptured or unspent funds from prior year CDBG projects and funds from CDBG projects that generate program income (repaid home repair loans and other county-wide loan programs funded with CDBG). Staff Recommendation Staff recommends accepting a pass-through of CDBG funds from King County for the year 2003 and earmarking $120,000 of capital funds for the Federal Way Home Repair Program. b-\ 2003 PRHSPSC CDBG Pass Through 2003 Planning and Administration -- Staff recommends accepting the $57,765 available for administration of the City's CDBG Program. The estimated amount of funds available for Planning and Administration in 2003 is 13% lower than the $66,056 available for 2002. The City is eligible to request additional Planning and Administration funding for 2003. Staff , recommends requesting additional funding at this time of $10,000 to cover the existing planning and administrative costs necessary to administer Federal Way's CDBG Program in 2003. It will not be known until after the final amount of 2003 CDBG funds are allocated in December of 2002 whether additional planning and administration funds will be available to cities requesting them. Additional planning and administration funds must be requested as part of the pass- through certification in order to be eligible. Commission Recommendation At their June 3, 2002 meeting, the Human Services Commission discussed the 2003 CDBG Pass-Through estimated amount available, the process for acceptance of the funds, and the revised estimates, which will include recaptured funds from canceled projects and be available in July. The Commission also discussed the staff recommendation for the Home Repair Program and the request for additional planning and administrative funds for the Federal Way CDBG program. Finally, the Commission discussed the estimated amount available for Planning and Administration and how that compares to the amount available for 2002 as well as additional costs required to return to direct entitlement in 2006. The Human Services Commission voted unanimously to recommend to the Council accepting 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 and an additional' $20,000 in Planning and Administration funds. (The Commission recommended requesting $10,000 more than the staff recommended to be applied to the cost of a Consolidated Housing and Human Services Commission Plan estimated to cost $50,000.) Of the $20,000 additional Planning and Administration funds requested, $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. Committee Recommendation Options Option 1 - Move 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 fot 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. Option 2 - Move to accept a pass-through of CDBG funds from King County for the year 2003, earmarking an amount for the Federal Way Home Repair Program as recommended by the Committee and/or requesting an additional amount of Planning and Administration funds. Forward to the full City Council for consideration at the June 18, 2002 meeting. ,.~~~.:+;", '.~::' ~-L 2003 PRHSPSC CDBG Pass Through Attachment 1 THE CITY OF Federal Way QUALIFIES FOR AN ESTIMA TED $551) BOO- IN 2003 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCk GRANT (CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY I, 2003. Please check one: x Our City does not elect to receive and administer the above estimated pass-through. Our City elects to receive and administer the above estimated pass-through with the conditions outlined in the 2000-2002 Communitý Development Block Grant Interloeal Cooperation Agreement. Among other responsibilities, we recognize that in accepting a pass-through we are accepting the responsibility of allocating the pass-through funds in accordance with the Consortium's schedule for submission to the U.S. Department of Housing and Urban Development. x Cities which accept the pass-through should check the following if applicable: x x x Our City would like to allocate a portion of OUf funds for public (human) service activities. . Our City would like to allocate a portion of our funds for planning and administration activities. Our City is eligible to request the use of additional planning and administration ceiling. We request the use of any unreserved Pass-through Cities' ceiling, if available. Per Consortium Guidelines) when a Pass-through City reserves its, planning and administration ceiling in the Spring, it has the ability to request to use . additional ceiling to cover admini,strative costs. Such requests will have priority over requests to use additional ceiling for planning projects and will be granted only to cities that: , a) run a competitive application process, ~d b) participate in Consortium-wide planning activities.. We would like to request additional funds for the following: ,$10)000 administration of Federal Way's CDBG Program, $10)000 Planning activities for the Federal Way Program Our City would like to contribute a portion of our capital funds to the King County Housing Repair Program so that our. residents may participate. ,We UQ.derstand that 15% of the total amount allocated will be used for program delivery costs. The followinl1 lists our distribution ofCDBG funds for 2003: (List amounts below). ,Public Planning & Additional Housing Capital Total Funds Services Admin P&A Repair ProjeCts Available Reouested $90,714 $57)765 '$ 20)000 $12Ó,OOO $ $ 551 ,800' ':, 263,321 SignatUre of Mayor or Authorized Person Date PleaSe attach a copy of the City Council's authorization of the àbove and return to HCD by June 14, 2002. . (;-~ Attachment 2 Federal Way Home Repair Program Background Through its membership in the King County Community Development Block Grant (CDBG) Consortium, the City has the opportunity to access the Consortium-wide housing repair programs. The City has offered a home repair program since 1991, and has taken part in the King County Consortium program since 1994. Each year as part of the pass-through acceptance process, the City earmarks a portion of its CDBG allocation for home repairs. As the Home Repair Program is a program of the Consortium, they do not apply for Consortium funds. Access to the program is considered a benefit of Consortium membership. By participating, Federal Way residents are able to obtain: (1 ) Emergency Grants and Deferred Payment Housing Repair Loans This program provides both emergency grants of up to $3,000 ($5,000 for mobile homes) and deferred payment, zero-interest loans of up to $20,000 to low- and moderate-income homeowners. Priority is given to low-income homeowners, and to critical repair needs necessary to protect health and safety. (2) Affordable Monthly Payment Loans (AMPL) This program combines funds from private lenders with no-interest CDBG funds in order to provide housing repair loans that are affordable to moderate-income homeowners. The maximum loan is $40,000; the minimum is $3,500. Most home repairs are eligible. 2003 Recommendation The recommendation to earmark $120,000 for this program is based on an analysis ofthe program's expenditures over the past five years. Demand for this program has been steady, with 20-25 Federal Way households served each year.' City staff continue to market the program to Federal Way residents. City staff plan on doing at least one targeted mailing each year to qualified neighborhoods to make sure potential eligible households are aware of the program. Currently, there are 15 applications pending for projects in Federal Way, with an estimate total amount of $90,000 requested. Home Repair in other Cities In response to Human Services Commission questions about home repair programs, staff collected information on programs offered by neighboring cities in 2000. This information is provided in the following chart. . Cì-~ FedWay Home Repair Program 2003 South King County Housing Repair Programs, 2000 Program TvDe Program Administrator Total Fundin Admin Costs % Admin 15% HH's served 2000 poDulation Per Capita Investment 20-25 Major King County Housing $169,493 $31,055 18-% 40 42,045 $4.00 Authority Auburn 9 \ l~ Kent Major & Minor CitY of Kent Renton - ~ Minor *Funded with CDBG and city general funds. . R~ ví$ed 5"/2.-1 O( ( r£NDOWS\TEMP\OthercitiesHRP .doc 11% 18%* 15% 20 76 3 60- 70 50,051 4.15 5.H CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: June 4,2002 Karen Pettin ell C ir, Human Services Commission David Mo e anager Renewal of In I cal ooperation Agreements for HOME Consortium and King County Community Development Block Grant (CDBG) Consortium Background Automatic Renewal of HOME Interlocal Cooperation Agreement The King County HOME Consortium includes King County and all cities within the county with the exception of Seattle. HUD gives one HOME grant to the Consortium each year, which is administered by King County Housing and Community Development. There is no pass-through system for HOME funds and Federal Way does not meet the minimum threshold to stand-alone. Non-profit housing developers apply directly to King County for use of funds. Member cities and the Joint Recommendation Committee (JRC) are involved in project selection. Similar to the King County CDBG Consortium, membership in the consortium is accomplished through an interlocal cooperation agreement (ICA) with a three-year term. The current ICA (Attachment 1) expires at the end of 2002 and will automatically renew for another three-year period. No action is recommended at this time. Automatic Renewal of CDBG Joint Agreement Federal Way has the option of receiving Community Development Block Grant (CDBG) funds directly from the U.S. Department of Housing and Urban Development as a direct entitlement community. The City of Federal Way received CDBG funds directly from HUD from 1991-93. Federal Way joined the King County CDBG Consortium in 1994. Membership in the Consortium is accomplished through a three-year joint agreement. The current agreement with King County (Attachment 2) to participate in the Consortium will automatically renew at the beginning of 2003 for another three-year period. The City must provide written notification to the King County Department of Housing and Community Development and HUD by June 28, 2002 in order to withdraw from the King County Consortium. (Correspondence from Barbara Gletne - Attachment 3) Federal Way joined the Consortium because membership provided a greater amount of CDBG funds available to Federal Way residents at lower staff costs with reduced administrative requirements. As outlined in the May 10, 2002 memorandum to the Human Services Commission (Attachment 4), King County's administrative costs will rise significantly in 2003. This information was received on April 19, 2002. The Human Services Commission and staff have been reviewing the feasibility of returning to direct entitlement in 2003 since that time. The City notified King County of our concerns regarding King County administrative costs at the May 23, 2002 Joint Recommendation Committee (JRC) meeting (Letter from David Moseley - Attachment 5). City staff from Shoreline and Redmond stated that they share the concerns raised by the City of Federal Way. In response, the JRC recommended that a letter be sent to the King County Executive regarding the increased costs of overhead being charged to the CDBG program. The Committee also recommended a letter be sent to federal representatives stating that the increased federal regulations on the CDBG program are impacting the costs of administering the program. A written H-I response to the May 22, 2002 letter from David Moseley has not been received but is expected by June 7, 2002. Staff Recommendation At the June 3, 2002 Human Services Commission meeting, staff gave a verbal recommendation to not pursue direct entitlement for the 2003 term but to pursue returning to direct entitlement in 2006. This recommendation was made due to the lack of time to adequately evaluate staffing needs and federal requirements for the program. While the City would have additional funds available for planning and administration as a direct entitlement community, all federal requirements for administering the CDBG program would become the responsibility of the City. Additionally, entitlement communities are required to adopt a Consolidated Housing and Community Development Plan that entails an extensive evaluation and planning process çegarding housing and human services needs in our community with required public input. Withdrawal at the end of 2002 would mean that this process would need to be done at an accelerated rate at~an unbudgeted cost of $50,000. By remaining with the Consortium for the 2003-2005 term, the above analysis and Consolidated Plan could be completed before the next renewal of the CDBG Joint Agreement. ' Commission Recommendation At the June 3, 2002 meeting, the Human Services Commission, passed the following two motions: Motion to recommend that the City of Federal Way stay in the King County CDBG Consortium, but so under protest due to the late receipt of information from King County, the short time frame given for making a decision, and the rising administrative costs charged by King County for administering the program. Motion to recommend to the City Council that the City of Federal Way initiate the process to withdraw from the King County CDBG Consortium at the end of the 2003-2005 term; Committee Recommendation Motion to recommend that the City of Federal Way stay in the King County CDBG Consortium" but do so under protest due to the late receipt of information from King County, the short time frame given for making a decision, and the rising administrative costs charged by King County for administering the program. Motion to recommend to the City Council that the City of Federal Way initiate the process to withdraw from the King County CDBG Consortium at the end of the 2003-2005 term. The above motion(s) to be forwarded to the City Council for consideration at the June 18, 2002 meeting. ~P".PRÓVA"'" ~~~'~)::?"~',:" " "A~;(, t,~;'; P~rìi ni ittèe,L$':I}~rr: t:: ., , ' , , , " , ~<,: ç;ommitt~ß'Membe'i~i,..~:. " " , ' ~-2. ;' Attachment 1 HOME INVESTMENT PARTNERSIDPS PROGRAM INTERLOCAL COOPERATION AGREEMENf . THIS AGREEMENT is entered into between King County, an urban county pursuant to 24 CI1a::f*lmJlt ~À91 and Subpart 570.3, hereinafter referred to as the "County," and the City of f~WAY hereinafter referred to as the "City," said parties to the Agreement each . being a unit of general local government of the State of Washington. . . RECITALS WHEREAS, a unit of general local government that is included in an urban county may be part of a HOME consortium only through the urban county; and WHERÈAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and anthorizcd by 24 CFR Part 92 and 42 USC § 12746 for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program"; NOW. THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND INCONSIDERATION OF THE MUIUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: 1. This Agreement ismadc pUISUant to the National Affordable Housing Act. of 1990, as amended, 42 USC § 12701 et; seq. (the "Act") and RCW 39.34, the Intergovernmental . Cooperation Act. 2. The City and the County agree to cooPerate to undertake or assist in undertaking HOME Program housing assistance activities wlûch are eUgi.òle under 24 CPR. Part 92. 3. The County is hcn:by authorized to act as the representative mcOtber on behalf of the Consortium for the purposes of the HOME Program. The County agrees to assume overall responsibility for ensuring that the cOnsortium'¡ HOME Program is carried out in compliance with federal requiremems and the housing objectives of the City and the County as adopted in the Consolidated Housing and Community Development Plan (Consolidated H&CD Plan). The City agrees to cooperate fully with the County in the development and prepamtion of the Consolidated H&CD Plan, and to prc:pme and provide those clements specifically pertaining to the City. 4. This Agreement sball remain in full fon:c and effect for the period neccssæy to plan and carry out all activities that will be funded ftom HOME fimds awarded for the 2000, 2001. and 2002 federal fiscal years, the tbrcc-ycar qualification period that coincides with the Agreement for the Distnòution and AdministIation of Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction or an urban county is . rescinded by the United States Department of Housing and Urban Development, whichever is shorter. This agreement will be automatically renewed for participation in successive threo-year qualification periods, unless the county or the city provides written notice it elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent threc-ycar qualification peñods and provided by the United States Department of Housing and Urban Development. S. The city and the county agree to adopt any amendments to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and to submit such amendment to the United States Department of Housing and Urban Development Failure to adopt such amendment will void the automatic renewal of such qualification period. ~-~ 6. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 7. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the urban county, regardlcss.ofwhc:therthe urban county receives a HOME fonnula allocation. 8. This Agreement shall be executed in three counterparts, each ofwbich shall be deemed an original. by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed counterparts, accompanied by copies of the authorizing resolutions from the County and the City, sball be filed by the County with the Region X .office ofHUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council, the County Auditor, and the City pursuant to RCW 39.34.040. 9. The County and the City both hereby agree to aŒnnatively further fair housing. 10. loint Recommendations Committee Composition. The Gommittee shall be composed of four County representatives and five Cities representatives. The four County rcprcscntatives may be Department Directors or their designees, and/or citizen representatives of unincorporated communities. County representatives shall be specified in writing and should, where posSible, be the same person consistently from meeting to mc:cting. Five participating city representatives and their alternates will include city planning directors or comparable level stall; or elected oŒcials. Two city representatives and their alternates will be from the north/cast ICgÍon of the County and two city rcprescntatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only Cities of Auburn and BeUcvuc. The revolving position will be non-voting. except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding Community Development Block Gnmt). 11. Appointments. The King County Executive sha1I appoint the County.leprcScntatives. The Suburban Cities Association will select eight difl'erentjurisdictions, four to serve as members and four as altcmatcs, which in turn, will assign representatives to this Committee. T crms of office shall be for two years. Priority for one of the posiûons win be for a small city representative. The revolving HOME position will be appointed annually by the rcspc:ctive jurisdiction. Members ofthc Committee shall serve at the pleasure ofthcirrcspcctive appointing wthooti~ . 12.Thc loint Recommendations Committee will adopt HOME proinmipolicics, consistent with the Consolidated H&CD PIan. developed by the City and County staffworlång group. The lomt Recommendations Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Once the policies arc adopted, the City, as a representative member of the Consortium, shaII also have the right to comment on any program changes prior to their implementation by the County. . 13. The chaiIperson and vi~n of the loint Recommendations Committée shall . be chosen ftom among the members of the Committee by a majority vote of tile members for a tena of one year beginning the first meeting ofthc calendar year. Attendance of five members will constitute a quorum. . 14. The City shall participate jointly with the County in the development of the Consortium's HOME Program by participating in development of a HOME Program strategy sufficient to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of both the City and the County. H-t..¡ .- -- -. - ... . .. 15. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance activities that arc the subject of this Agreement The City and the County.shall cooperate in the establishment of budgets for separate HOME activities. The County intends to enter into contractual agreements with any city, nonprofit organization, or other entity that it selects to implement HOME activities. The County's administrative costs will be paid from the HOME grant.. after review and approval by the Joint Recommendations Committee. 16. TIús agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the City and County staff working group and adopted by the Joint Recommendations Committee. This Agreement is legally binding and valid upon signature. of all parties. CITY OF R=rn:RAI WA'V KING COUNTY ~ 13- ~~, Name and Title (prin Cd) (C;~ fPy~ ~~ Date: ø /~ Date: KI ,9 Þý' Approved as to form: "h,c 7h/...~'./Ao~ ~- Londi Lindell, City AttoóIey h:\users \i ca \97 -99hm.doc H-S ---0 h_. _0.. '- Attachment 2 COMMUNI1Y DEVELOPMENT BLOCK GRANT JOINT AGREEMENT TInS AGREEMENT is entered into by and between King County and the City of Fl=n~RAI WA.'f8Íd parties to the Agreement each being a unit of genera1loca1 government in the State of Washington. WITNESSETII: WHEREAS. the federal government through adoption and administration of the Housing and Community Development Act of 1974. as amended (the - Act"), win make Community Development Block Grant ("CDBG-). funds available to both the county and city in the fonn of entitlement grants; and WHEREAS, the area encompassed by unincorporated King County and any participating cities is designated by the United States Department of Housing and Urban Dcvelopmenf'("HUD") as an urban county for the purposc of receiving CDBG funds; and WHEREAS. the Act directs HUD to distribute to each urban county the annual appropriation ofCDBG funds based on the population characteristics of the urban county; and WHBRBAS, the Act allows joint agreements, whereby entitlement cities may join the urban county. and allows the urban county to distribute CDBG funds to such cities as participating jurisdictions; and WHBRBAS. the CDBG Regulations require the acceptance of the consolidated housing and community development plan ("Consolidated H&CD Plan") by participating jurisdictions; and WHBRBAS, King County will undertake CDBG-tUnded activities in participating incorporatcdjurisdic:tíons as specified in the Consolidated H&CD Plan by granting funds to those jurisdictions to cany out such activities; and WHEREAS, King County is rcsponsi.òlc to the federal government for allllCtivitics undertaken with CDBG funds and will cusurc that all CDBG assurances andccrtifications King County is rcquûcd.to submit to HUD with the annual Action Plan win be met; and WHEREAS, King County° and the participating jurisdictions arc committed to targeting CDBG funds to ensure benefit to low- and moderate-income persons as defined by HUD; and WHEREAS. King County and its participating jurisdictions recognize that the needs of low- and moderate-income persons may cross jurisdictional boundañes and can therefore be considered regional needs; and . . WHEREAS. King County and the participating jurisdictions must submit an Annual Action Plan to HUD which is a requirement to receive CDBG funds; and WHEREAS. tbc purposc of this 10int Agreement, which is entered into pW'SWIDt to and in accordance with the State Intcrlocal Cooperation Act, RCW 0lap.39.34, is for the city to join the urban county consortium, ("Consortium"), for planning the distnòuûon and administration of CDBG and other federal funds received on behalf of the Consortium ûom BUD. and for execution of activities in accordance with and under authority of the Act; ( \1-~ -' NOW. THEREFORE IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND lircONSlDERATION OF THE MUlUAL PROMISES CONTAINBD 1mRE1N, IT IS AGREED THAT: l GENERAL AGREEMENT King County and each participating jurisdiction agree to cooperate to undertake, or assist in undertaking, activities which further the development of viable urban conununitics, including the provision of decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, through community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, funded fiom annual CDBG funds fiom federal Fiscal Yeanl 2000,2001, and 2002 appropriations, fiom recaptured funds allocated in those years. and fiom any program income generated ftom the expenditure of such funds.. II. GENERAL DISTRIBtITION OF FUNDS The distribution within the County of CDBG Funds under Title I of the Act shall be governed by the following provisions, exclusive of the Cities of Auburn, BeUevuc, and Seattle. A. The amount needed for administration oCthe Consortium's (;pBG and other federal programs which benefit the Consortium sbal1 be reserved by the County. This amount, hereinafter refemd to as the administrative setaside, is contingent upon review by the Ioint Recommendations Committee ("the Committee-). as provided in Section VIn(C)(I), and approval by the Metropolitan King County Council. as provided by Sections XIll(A) and XIll{B). B. In addition to the administrative sctaside referred to in Section II (A), each year 25% of the public service funds available, not to exceed $300,000, will be subtracted fiom the entitlement and reserved for the Housing Stability Program, a public service activity in support of the affordable housing requirements under the implementation of the state Growth Management Ad. CRCW Chapter 36. 70A). This public service seta- side will be administcRd by the County with input 1iom a worlång group of the participating cities and county stan: This public service setaside will be subject to the same pcn:entage of d~ as the annual public service funds if there arc any reduc- tions during the year. In addition, any city participating in this Ioint Agreement will have the option ofwithbolding their pro rata share ofthc Housing Stability Program funds and allocating them to a different eligible public service activity if the city so chooses. C. Of the grant amount I'f"ITulining after the setasides refcm:d to in Sections ll(A) and ll(B) ("the Adjusted Grant Amount-). the city participating in this Ioint Agreement. will be eligible to receive a din:ct pass-througb share. provided that: 1. The city's pass-through share will be the Jargerof a &bare of the Adjusted Grant Amount based upon the CDBG Consortium's formula (the city's share of the Consortium's tota11ow- and moderate-income pc:lSODS, as defined by HUD), or the city's HUD-specified entitlement grant amount less the city's pro rata share of the Consortium's administrative setaside. and at the city's option (see n. B. above) less the city's pro rata share of the Housing Stability Program; 2. The city participates in developing the Consortium's Consolidated H&CD Plan by identifying its non-housing community development needs; 3. The city agrees to abide by Consortium schedules and requirements to receive a pass-through of CDBG funds. The responsibilities of these pass-througb jurisdictions are defined in Section X. Participating cities .nay elect not to receive a direct pass-through but may compete for County and Small Cities Funds. as defined in Section 1l(D), below. D. The funds remaining in the Adjusted Grant Amount after the distribution of the pass- through funds referred to in Section ll(C) shall be referred to as the County and Small 2 \-\-\ .-""" - Cities Fund. and shall be allocated on a competitive basis to projects 5elVÍng the cities not qualifYing to receive or not electing to rc:cc:ive a pass-through. and/or projects serving the unincorporated areas of the county. E. If the monies assigned to a project during the period of this Agreement exceed the actual cost of the project, or if the project is later reduced or canceled, then the excess monies or recaptured funds, win be recaPtured by the County and will be redistributed as follows: I. Administrative sctaside funds, as defined in Section fl(A) and public service sctasidc as defined in Section ll(B) which arc recaptured shall be returned to the Consortium and be distributed to the Pass-through Cities and County and Small Cities Funds based on their percentage of the Consortium's low- and moderato- income persons. as defined by BUD. 2. Funds recaptured wm a project funded through a city's pass-through fund. as defined in Section II (C), shaU be returned -to the city's pass-through fund. unless the city no longer qualifies for a pass-tbrough as provided in Section ll(CXI), in . wlùch case the ~ds sball be rctumed to the County and Small Cities Fu,nd., 3. Funds'rCCapturcd wm a project funded through the County and Small Cities Fund, as defined in Section ll(D}, shall be returned to the County and SmaIl Cities Fund. F. Uoa1Iocatcd or recaptured funds wm 1987 and prior years (e.g., unallocated or recaptured "Population," "Needs," or "loint" funds) sba1l be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds based on their percentage of the Consortium's low- and moderato-income persons, as defined by HUD. G. Funds received by a jurisdiction or CDB.G subrccipient genc:rated åom the use of CDBG fimds, herciDaftcr referred. to as program income. shall be returned to the fund which generated the program income as follows, unless an exception is specifically ~ by the Committee and approved by the Metropolitan King County Council: I. That portion of the progiam income which is interest or fee income generated through Community Development Interim Loan (CDll..) and Section 108 loan guarantee projects (as provided in Section 108 of the Act), both of which use all or a portion of the Consortium's total available CDBG funds. sha11 be returned to the Consortium. The funds shall be used for the dim:( costs (e.g., staff; attorney, and bank fees, advertising costs, contract compliance costs), ncccssuy for the . marlccting. negotiation, and implementation of the interim loan and 108 loan activities, and for other Consortium-wide or subregional capital projects or programs. including other Consortium~wide economic development projects or programs. Use of the funds shall be recommended by the Committee each year after review by an inter-jurisdictional staff ~.--- 2. Program income generated wm a project (InCluding housing repair) funded through a city's pass-through fund, as defined in Section ll(C), sbaIl be returned to the city's pass-through fund, unless the city no longer qualifies for a pass-through as provided in Section ll(C)(3), in which case the program income shall be . returned to the County and Small Cities Fund. 3. Program income generated from a project (mcluding housing repair) funded through the County and Small Cities Fund, as defined in Section U(D), shall be Ietumed to the County and Small Cities FWld. 4. Progmn income gencrate4 wm projects funded in 1981 (except for housing repair) and prior years shall be returned to the Consortium and be distnòuted to the Pass-through Cities and the County and Small Cities Funds according to their shan: of the Consortium's low- and moderate-income persons, as defined by HUD. Housing repair program income shall return to the housing repair program. \-\-~ 3 ffi. USE OF FUNDS: GENERAL PROVISIONS A. The County and each of the Pass-through Cities shall specify activities and projects which it will undertake with the funds described in Section IT above. B. The County and each of the Pass-through Cities shall ensure that CDBG funds are targeted to activities which can document predominant (51 %) benefit to low- and moderate-income people and that the overall program meets or exceeds HUD's requirements for the percentage of funds spent to benefit Jow- and moderate-income persons in King County. . C. Pass-through Cities may exchange their CDBG funds with other Pass-through Cities for general revenue funds. The use of general revenue funds obtained by a Pass- through City in t1ùs manner shall be consistent with the general intent of the community development program, but shall not be considered CDBG program income. D. The County and each of the Pass-through Cities shall conduct the appropriate citizen participation activities as required by MUD regulations. E. Approval of projects must þe secured through formal grant applications (proposals) to King County; approval of activities shall be secured when the annual program is approved or amended. F. General administrative costs incurred by Pass-through Cities shall be paid for out of the pass-through or from local funds. Costs incurred in administering specific projects may be included in project costs. IV. USE OF ADMINISTRATION FUNDS A. A Pass-through City may reserve a portion of its entitlement ~ to cover administrative costs orits local CDBG Program or to fund planning projects, however. this amount must be ñ:served by spring o(each year and wiD be based upon tile city's proportion of low- and moderate-income pmons. as defined by HUD. - B. In addition to the responsibilities outlined in Section x.. Pass-through Cities may use additional pass-through funds to cover part ofth¿z. administrative costs if: . I. Planning ceiling (the maxùnum amount allowed by HOD for planning and adD1inistration activities which cannot eJtceed ZO% of tile annual entitlement plus program income) is available; 2. The city runs a competitive process for the distnõuûon of the CDBG funds; and 3. City staffparticipate in Consortium-wide planning processes such as development of the ConsolidatedH&CD Plan and the HOME Consorti1ÄJIl Working Group. C. Requests fiom Pass-through Cities to use the balance of planning ceiling, if available, to cover additional administrative costs will take priority over requests for planning projects. D. Pass-through City staffwho are supported with administrative funds would also be expected to assist in preparing ~dIor presenting information to the Committee. v. USE OF PUBLIC SERVICE FUNDS A Pass-through City may reserve a portion of its entitlement &bare to cover public service activities; however, the amount must be reserved by spring of each year and will be based upon the city's proportion oflow- and moderate-income persons, as defined by HUD. \-t-\ 4 VI. PROGRAM INCOME A. The participating jurisdiction must inform King County of any income generated by the expenditure of CDBG funds received by the participating jurisdiction. B. Any such program income is subject to requirements set forth in Section ll(G) oftlús Agrecmenl C. Any program income the participating jurisdiction is authorized to retain may only be used for eli81òle activities in accordance with all applicable CDBG requirements. D. King County has the responsibility for monitoring and reporting to HUD on the use of any such program income and thereby requires appropriate recordkccping and reporting by the participating jurisdiction as stated in the signed certification to receive "Pass-through City" status and in each city's contract to receive CDBG planning and . administration funds. E. In the event of close-out or change in status õfthe participating jurisdiction any program income that is on hand or received subsequent to the close-out or clumge in status shall be paid to King County Consortium." . '" VIL REAL PROPERTY A. Participating jurisdictions owning community facilities acquired or improved in whole or in part with CDBG funds must comply with change ofusc restrictions as required by HuD md the policies adopted by the Committee as found in the Consolidated H&CDPlan. B. The participating jurisdiction must notifY King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG 1ùnds. This includes any modification or change in use fiom that p1annedat the time of the acquisition or improvement. including disposition. C. The jurisdiction shall rcimbwse King County in an amount cqual to the current fair market value (less any portion thcreofattnòutable to expenditures ofnon-CDBG funds) ofpropc:rty acquired or improved with CDBG funds that is sold or transferred for a use which docs not qualitY under the CDoo regulations. D. Program income generated fiom the disposition or. transfer of property prior to or subsequent to the closc-out. change of status. or tl'nnination of the coopc:ration . agreement between the county and the participating jurisdiction sba11 be subject to the requirements set forth in Section ll(G) and Section VI. VllL JOINT RECOMMENDA TrONS COMMIITEE A 10int Recommendations Committee shaIl be established. A. Composition. The Committee shaIl be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees. and/or citizen rcprescntatives from unincorporated commUDities. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The five partici- pating city IqIresentalivesand their altcmatcs will include city planning directors or comparab!.: level staft: or elected officials. Two city representatives and their altcmates will be from the north/east region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shaIl be rotated between the HOME-only cities of Auburn and Bcllcvue. The revolving position will be non-voting. except on issues related to the King County HOME Consortium and other fcdaaI bousing-relatcd funds (excluding CDBG). H-ID 5 . . ..-.....--. .... B. Anpointments. The King County Executive shall appoint the {our County representatives (no more than one representative for each unincorporated community or Department). The Suburban Cities Association will select eight different jurisdictions. four to serve as members and four as alternates. who in turn, will assign representatives to this Committee. Tenns of oAice shalt be for two years. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. The cbairperson and vice-cbairperson of the Committee shall be chosen wm among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. C. Powers and Duties. The Committee shall be empowc:rcd to: 1. Review and recommend to the King County Executive all policy matters on the Consortium's CDBG and HOME Program including the amount of administrative sctasidc; prioritiesgoveming the use oftbe public services setasidc; and projects or programs to be funded .with the program income ftom community development interim loans and Section 108 loan guarantees (as allowed in Section 108 of the Act). 2. Review, recommend. and endorse the Consolidated H&CD Plan required by HUD. . 3. Review plan and program disagreements between the County and participating jurisdictionS and offer recommendations to the King County Executive. 4. Review and recommend sanctions to be imposed on cities for failure to meet responsi.oilities as contained in Section X of this Agreement. Any recommended sanctions will ensure that the city's low- and moderate-income residents continue to benefit from CDBG funds. Sanctions will be imposed to prevent the King County Consortium wm losing a share of its entitlement due to participating cities' inability to meet federal requirements. S. Review and recommend projects for funding under the Section 108 loan guarantee program (as allowed in Section 108 of the Act). 6. Review and recommend projects for funding wm the remainder of any new Pass- through City's funds if that new Pass-tbrough City chooses to take only a partial pass-tbrough (cf. Section ILc.6 above). IX. RESPONsmILlTIES AND DUTIES OF THE KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM STAFF Those King County Housing and Community Development Program Staff positions which are funded through the administrative setasidc; hereinafter referred to as the S~ serve as staff to all Consortium partners and the Committee and provides liaison between the Consortium and HUD. A. Rcsoonsibilities to the Joint Recommendations Committee. The Staff sball: 1. Solicit and present to the Committee all applicable federal and County policy guidelines, special conditions. and formal requirements related to the preparation of the Consolidated H&CD Plan. and related to administration of the programs under these plans. 2. Prepare and present written materials required by HUD and the Metropolitan King County Council as components of the Consolidated H&CD Plan to be prepared pursuant to this Agreement. including but not limited to: collection and analysis of data; identification of problems. needs and their locations; development of long H-q 6 and short term objectives; consideration of alternative strategies; and preparation of the administrative budget. 3. Prepare and present to the Committee policy evaluation reports or recommendations, and any other material deemed necessary by the Committee to help the Committee fulfill its powers and duties. 4. Collaborate with city staffworlång groups and present to the Committee specific sanctions to be imposed on cities which fail to meet their I'CSpOnsibilities as contained in Section X and as contained in specific annual agreements. B. Responsibilities to Jurisdictions Wlúch are Parties to This Agreement. The County will develop strategic plans wlúch win identify community development and housing needs and strategies to address lúgh priority needs in the balance of the County in accordance with the primary objectives and requirements of the Act. The Consolidated H&CD PIan. including the local program strategies will meet the HUD requirement for a Community Development Plan. The strategies outlined within the Consolidated H&CD Plan will be consistent with local comprehensive plans being developed under the Growth Management Act. The Staff shall: ., . 1. Prepare and present to the King County Executive and Council material nccc;ssary for the approval of the County and Small Cities portion of the annual program. 2. Present to the Metropolitan King County Council the Consortium's annual program for adoption. . 3. Distnöutc to participating jurisdictions, prior to any JRC decision based upon it. information conceming proposals having implications for Consorûum-wide funding (cf. section n above). The county will incorporate jurisdictions' feedback. in materials forwarded to the JRC or Metropolitan King County Council 4. Provide regular written reports outlining the outcomes and costs of the Consortium wide Housing Stability and economic development programs suCh that this information is available for participating jurisdictions' review and commtnt pñor to the JRC's decisions on the programs' budgets for the following year, and provide quarterly status reports to the pass-through cities on those housing repair programs and capital projects which the county is IIlfmini!:tering on bcbaIfofthe pass-through cities. . S. Administer the Consortium's CDBG Program: . help to identify needs in communities; . provide assistance in intaprcting HUD regulations; . provide tccbnical assi~ce to cities as ncccssæy to enable them to meet their . responsibilities as partners to the Agreement; . . assist in the development òfviable CDBG proposals; . review aU proposals for CDBG funding; . inform participating jurisdictions in a timely way of the amount of capital dollars available for distIibution regionally and the requirements regarding eligibility for them. . develop contracts for funded projects in a timely fashion; public (human) services programs have a high pñoñty and will receive authorization to proceed within 15 worlång days of the beginning of the program year if aU relevant infonnation needed to prepare the contract has been submitted; . monitor subrccipicnt and city~funded projects; . monitor and enforce compliance with the federal wage and relocation require- ments; . reimburse all eligible costs; . prepare and submit required documents and reports to HUD; and 7 H-\2-- -...-.-------"""" . provide oversight oCthe mBG Consortium to ensure compliance with all federal requirements. 6. Upon request by a Pass-through City, staffwiU develop, administer, and implement a city's CDBG-funded contract. Additionally, multi-jtnisdictional projects funded by King County and/or one or morc cities will be developed and implemented by Staff: 7. King County shall determine, with the advice ofrepresentativC8 &om small cities, the use of the County and Small Cities Funds in a manna consistent with the Consolidated H&æ Plan including its local program strategies. x. RESPONsmILITIES AND POWERS OF P ASS-THROUGH CITIES In order to receive a direct share of the entitlement, Pass-through Cities participating in this Agreement shall have the following responsibilities and powers: A. Pass-through City Councils may adopt local strategies which will address community development and housing needs in coordination with the Consortium's timeline for consolidated planning effort and which will be consistent with I.ocal comprehensive plans being developed under the Growth Management Act. B. Notify the County of the citizen participation activities undertaken by localjurisdic- tions as well as any changes made by the jurisdiction to funded CDBG activities in a timely manner as referenced under Section m(D). C. Each Pass-through City shall exercise local discretion in detennining the use of its pass-througb fimds in a manner that (I) is consistent with the Consolidated H&.CD Plan. (2) recognizes the federal requirement at 24 ŒR Part 570.2 that a minimum of 70% of the fimds be spent on activities benefiting pñmarily low and moderate income persons. and (3) is in accordaoce with the Consortium's schedule for submission to BUD. D. City legislative bodies sba1l approve or disapprove via motion or resolution all CDBG activitics.locaIions. and budgets submitted by Pass-thtOugh City staff: Notice ofthesc actions are to be forwarded to the County in a timely manner. Eo Pass-through City staff shall review aU project proposals for consistency with federal threshold requirèmcnts and Consortium-wide and other fc:dclal requirements prior to submission to the County, and ensure that all relevant informatIon necessary to prepare a contract is submitted to the County in a timely manner. F. Pass-througb City staff shall assist in the development of the Consortium-wide Consolidated H&CD Plan ~hich includes housing and other c:ommunity development needs, resources. strategies. and adopted projects. G. Pass-through City staff shall implement CDBG-funded projects within the program . year and submit both vouchers and required reports to the County in a complete and timely manner. . H. Pass-througb City staff shall participate in other Consortium-wide planning activities such as HOME policy development and monitoring the Housing Stability Program. L Pass-through City staff shall c:ollaborate with County staffworlång group and present to the Committee spoci.fic sanctions to be imposed on cities which wI to meet their . responsibilities as contained in this section and asc:ontained in specific annual agreements. J. Each Pass-through City shall examine its role in recognizing II1'd addressing regional or Consortium-wide needs and may participate in a coordinated funding approach with other jwisdictions and the CoUI:1ty to serve their residents. 8 \-i-\S - = ..."-" - h___.."_O.- . XI. RESPONSmILITIES OF OTIŒR CONSORTIUM CmES Other Consortium cities must apply for funds through the annual County and Small Cities application process. The Small Cities shall: A. Coordinate with County Staff in identifying community development needs and strategies for addressing them. B. Prepare applications for CDBG funds to address local needs. C. Obtain city council authorization for proposed projects. D. Cany out funded projects in a timely manner. XII. RESPONsmILITlES OF ALL P ARTICIP A TING illRISDICTJONS A. Each participating jurisdiction shall fulfill to the County's satisfaction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in Section XIV(D). B. Each participating jurisdiction or cooperating unit of general local government has adopted and is enforcing: 1. a poli.:)' promòiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and . 2. a policy enforcing applicable State and local laws against physically barring entrance to or exit 1iom a facility or location which is the subject of non-violent civil rights demonstrations within jurisdictions. C. Pursuant to 24 CPR 570.501 (b), aU participating units of local government are subject to the same requirements applicable to subrecipicnts. Cxc1udiog the Coui1ty's Minority and Women Business Eoterprises rcquin:mcnts. The applicable requirements mcludc, but are not limited to, a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the following items: statement of worlc; records and rcports;program income¡ uniform administrative items; other 0 program requirements; conditions Cor religious organizations; suspension and temú- nation; and reversion of assets. D. All participating units ofloca1 government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs which receive separate entitlements ñom BUD during the period of participation in this Agreement. Consortium cities which do not receive a direct pass-tbrough of CDBG funds may apply for grants under the County and Small Cities Fund. E. All units oflocal govCl)1lIlent participating in the CDBG urban county through this agreement understand that they are also part of the UtÖan county for the HOME program. and may participate in a HOME program only through the urban county. XllI. RESPONSmILtTIES AND POWERS OF KING COUNTY ON BEHALF OF TIlE. CONSORTIUM King County shall have the following responsibilities and powers: A. The King County Council shall have authority and respoúsibiIity for all policy matters, including the Consolidated H&CD PIan. upon review and recommendation by the Committee. . B. The King County Council shall have authority and responsibility for all fund allo- cation matters, inCluding the approval of the annual administrative setaside and the approval and adoption of the Consortium's annual CDBG Program. 9 H-IL} C. The King County Executive shall have the authority and rcsponiibility to approve requested changes to the adopted annual CDBG Program in the following circumstances: . 1. The requested change is to a Pass-through City's portion of the adopted annual program. and the change is requested by the legislative body of the Pass-through City; or 2. The requested change is in the County and Small Cities portion of the adopted annual program, and it is limited to a change of project scope or change of project implementor in a specific project, and it is requested by the subrccipient, and the c:hange is made in consultation with the Councilmcmber in whose district the project is located. . D. The King County Executive, as administrator of this CDBG Program, shall have authority.and responsibility for all administrative requirements for wtúch the County is rcspoDS1'ble to the federal government E. The King County Executive shall have authority and responsibility for all fund control and disbursements. . F. Notwithstanding any other provision contained in this Agreement, the County as the applicant for CDBG funds bas respGl1S1'bility for and assumes all obligations as the applicant in the execution ohms CDBG Program. including final I'CSpOl1S1õility for selecting activities and annually submitting Action Plans with HUD. Nothing contained in this Agreement shall be construed as an abdication of those responsi- bilities and obligations. XIV. GENERAL TERMS A. This Agreement shall extend through the 2000, 2001, and 2002 program years. and will n:main in effect until the COBG funds and program income received with respect to activities carried out during the threc-year period arc expended and the funded activities completed. This agreement wiD be automaticaUy ren.:wed for participation in successive threc-yearqualification periods. unless the county or the city provides wñucn notice that it elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices. King County. as the official applicant, shall have the authority and responsibility to ensure that any property acquired or ~sted with CDBG funds is disposed of or used in accordance with . federal regulations. B. Pursuant to 24 em Part S70.307( d)(2), during the period of qualification no included unit of gcnc:rallocal government may terminate or withdraw fiom the agreement while it remains in effect.. . . . C. It is understood that by signing this Agreement the jurisdictions sba11 agrœ to comply with the policies and implementation of the Consolidated H&CD Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b) ofTitle I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title ill of the Civil Rights Act), the Fair Housing Act as amended. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. No COBG funds shall be expended for activities in. or in support of any participating city that does not aff1m1atively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. 10 H-ts F. It is recognized that amendment of the provisions of this Agreement may become neccssaxy, and such amendment shall take place when all parties have executed a written addendum to this Agreement. The city and the county agree to adopt any amendments to the agreement incorporating changes necessa¡y to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and to submit such amendment to the United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period. G. Calculations for determining the number ofJow- and moderate-income persons residing in the County and cities shall be based upon official HUD approved 1990 Census data, and on the official annual estimates of populations of cities, towns and communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdictions which have signed this Agreement.: . L Jurisdictions undertaking activities andlorprojects with CDBG ñmds distributed under t1ùs Agreement retain full civil and crimina1liability as though these funds were loca1Jy generated. K. J. King County retains environmental review icsponsibility for purposes of fulfilling rcquiremClltS of the National Environmental Policy Act. under which King County may require the local incorporated jurisdiction or contractor to fumish data, information. and assistance for King County's review and assessment in determining whether King County must prepare an Environmental Impact Statement. Jurisdictions retain responsibility in fulfilling the requimnœts of the State Environmental Policy Act under which King County has review responsibility only. KING COUNlY. WASHINGTON PARTICIPATING CITY OR TOWN ~d~- . . King Coun .ve ~~ r/19/ÿQ Date Signed/ KEAlAle~ /2, AJY~~6- -- Name and TItle (Print) Cl../.,..ý PV9..4 ¿ 6: d.... ~~wn 7/7/97 Date Signed Approved as to form: . f:c- £,::,/qt<A"--- í".. Londi Lindell, City AUorilC:Y C158 (7/18/97) II H-'~ Attachment 3 King County Department of Community and Human Services Barbara], Glelne, Director' 821 Second Avenue, Suite 600 Seattle, WA 98104-1598 (206) 296-7689 (206) 296-5260 FAX (206) 296-5242 TIY/fDO - RECE\~~~-iO1=PÞ.RiMEN1 COMMUNfTV m=VELOP I .0 MJl.'( 0 8 2002 May 6, 2002 The Honorable Jeanne Burbidge Mayor, City of Federal Way P.o. Box 9718 . Federal Way, WA 98063-9718 Dear Mayor Burbidge: I am writing to invite the City of Federal Way to continue participating in the King County Community Development Block Grant (CDBG) Consortium under the existing joint agreement arrangement as well as the King County HOME Investment Partnerships (HOME) Program Consortium. The Interlocal Cooperation Agreements (ICAs) for the CDBG Consortium and the King County HOME Consortium cover 2000-2002. This letter is to notify you that these ICAs will be automatically renewed for the years 2003-2005 unless the City of Federal Way notifies . King County and the U.S. Department of Housing and Urban Development (HUD) that it has decided to not participate in one or both of them during the 2003-2005 term. Benefits of King County CDBG Consortium Although the City of Federal Way qualifies as a "metropolitan city" and can therefore receive a CDBG entitlement, over the past several years, the City of Federal Way has chosen to defer this status and participate in the King County CDBG Consortium under a joint agreement. Under the joint agreement, King County administers the City of Federal Way's CDBG entitlement "jointly" with the King County Consortium funds. There are several important advantages to a.joint agreement: First, the City of Federal Way receives more funds. The King County Consortium joint agreement guarantees the higher of (1) the amount calculated by the King County Consortium's formula, or (2) the HUD 'entitlement amount (in both cases, less a pro rata share of the administrative costs, which are low due to the Consortium's economy of scale). The City of Federal Way city retains control over the choice of activities to be funded. Second, the City of Federal Way can take advantage of Community Development Interim ("float") Loans for economic development or public improvement projects. King County administers a large amount of CDBG funds on behalf of the Consortium and therefore can make sizable loans. \-\~'\ The Honorable Jeanne Burbidge May 6, 2002 Page 2 Third, the City of Federal Way would have more CDBG funds available for human services. Under federal regulations, entitlement jurisdictions are limited to spending no more than 15 percent of their grant (plus program income) on human services. The Consortium is able to make this higher amount available for human services because of the large amount of program income the Consortium is able to generate through its Community Development Interim Loan program and other income-producing activities. Please note that the joint agreement modifies the King County CDBG Consortium configuration with respect to census block groups. This change may affect the relative ranking of specific block groups by quartile, thus affecting the minimum percentage oflow- and moderate-income population necessary to qualify public improvement projects for CDBG funding. We cannot confirm at this time how this percentage will be affected, but we have requested this information ITom HUD and will provide it to you when we receive it. Benefits of the King County HOME Consortium Participation in the HOME Consortium is advantageous for the following reasons: . The City of Federal Way may apply directly for HOME funds to help meet locally identified affordable housing needs. . The City of Federal Wayy can take advantage of scarce financial resources for the development of affordable housing for those in the community on fixed or limited incomes. . The City of Federal Way may utilize HOME funds to support the rehabilitation and preservation of affordable privately-owned multifamily rental housing. . The City of Federal Way can participate in the city/county staff-working group that develops recommendations for the inter-jurisdictional Joint Recommendations Committee on program policies and specific projects to receive funds. If your City decides to not participate in the King County CDBG Consortium and/or the. King County HOME Consortium for the 2003-2005 term, you must notify the County and HUD in writing, no later than June 3,2002. A decision to be excluded would be effective for the entire three-year period (January 1, 2003-December 31,2005). If King County and HUD do not receive notice ofyotir decision to be excluded by the June 3 deadline, the City of Federal Way will continue to participate in the Consortium. The existing ICAs include automatic renewal provisions and no further action is needed at this time. \-\-\ <6 .. The Honorable Jeanne Burbidge May 6, 2002 Page 3 If the City of Federal Way decides to be excluded from the King County CDBG Consortium and/or the King County HOME Consortium, please send written notification to: Linda Peterson, Manager King County Housing and Community Development Program 821 Second Avenue, Suite 500 Seattle, W A 98104 and John W. Peters, Director U.S. Department of Housing and Urban Development Office of Community Planning and Development 909 First Avenue, Suite 300 Seattle, W A 98104-1000 Linda Peterson is available to meet with you if you wish to discuss King County's CDBG and HOME Programs. Please contact her at (206) 296-8661 to arrange an appointment, or receive additional information. -.. Barbara J. Gletne Director cc: Ron Sims, King County Executive John W. Peters, Director, Office of Community Planning and Development, u.s. Department of Housing and Urban Development Lydia Assefa-Dawson, Community Development Coordinator Sadikifu Alcina-James, Manager, Community Services Division Linda Peterson, Program Manager, Housing and Community Development Program \-\-\, Attachment 4 CITY HALL 33530 1st Way South PO Box 9718 (253) 661-4000 Federal Way, WA98063-9718 MEMORANDUM DATE: TO: FROM: SUBJECT: May 10, 2002 Human Services Commission . Kelli O'Donnell, CDBG Coordinato~ Renewal of Interlocal Cooperation Agreements for King County Community Development Block Grant (CDBG) Consortium and/or the HOME Consortium Background At the March 18, 2002 Human Services Commission meeting, the Commission considered whether or not to recommend the City of Federal Way return to direct entitlement for CDBG funds. At that time, staff recommended remaining part of the King .County CDBG Consortium in order to minimize staffing costs through reduced administrative requirements. Since t-hat-time, King County Department of Housing and Community Development has distributed the estimated 2003 CDBG pass-through allocations which includes the estimated administrative set-aside forKing County. - In 1994, the Council directed that the City of Federal Way join the King County CDBG Consortium (an urban county entitlement). Membership in the consortium is accomplished through an interlocal cooperation agreement (lCA) with a three-year term. The- current ICA expires at the end of 2002 and will automatically renew for another three years, unless: King. County is notified that the City of Federal Way wishes to withdraw from the consortium ,by June' 28, 2002. . . . The amount of funds the City of Federal Way would receive as a direct entitlement has had a modest increase annually while the amount received through the King County .consortium has decreased slightly. Additionally, the King County administrative set aside has continued to rise, which reduces the amount available for cities to administer local CDBG programs. ' The following charts show the CDBG funding history for 2000-2003 <':.::?;'i::."~------';~'.'..- -.fe.deral WaYJ~i~Jo.ry..,j.~..:~~~.._..":...~~: ,~.?:":T,:~IcD8G"'{.: :-'-.> -. . :'Kirìg'Co'únty~ë'onsortilirn ~)FO~èrYe~r'. DireqtEntitlemént:<.. ":.: Pass Through 2000 2001" 2002 2003* - $ 589,000 $ 608,000 $ 616,000 $ 616,000 $ $ $ $ 515,000 514,205 517,385 505,094 .preliminary estimates based on 2002 entitlements \-\- 20 Program Year King County King County Consortium :, Administrative Entitlement' 'Set Aside FW Planning & FW planning'& Admin KC Pàss. A9min direc . Through : Entitlemen 2000 2001 2002 2003* % Change 2000 to 2003 $ 7,013,000 $ 7,303,000 $ 7,191,000 $ 6,604,000 $ 1,017,921 $ 1,053,622 $ 1,136,414 $ 1,239,032 $ 82,641 $ 75,694 $ 66,056 $ 57,765 $ 117,800 $ 121,600 $ 123,200 $ 123,200 -6% I . -30% 5% *preliminary estimates based on 2002 entitlements CDBG Funding 2003 The City of Kent is withdrawing from the Consortium effective 2003 and will become a direct entitlement community. Due to Kent leaving, CDBG entitlement, King County Consortium will be reduced by $587,000. On April 19, 2002, the remaining Consortium cities were provided King County's proposed 2003 administrative set aside and the cities projected 2003 pass through amounts. King County's administrative set aside was' not reduced after Kent's departure but had actually increased by 9% over 2002. As a result, Federal Way's pass through allocation will be reduced by approximately $12,000 and the amount available to spend on planning and administration for Federal Way's CDBG program will be reduced by approximately $8,000. The projected pass through for Federal Way will not cover the expenses for the current staffing level for it's CDBG program. If Federal Way continues as a member of the King County Consortium, either staffing will need to be reduced or the City will need to assume a portion of the cost. Additional planning and administration funds can be requested from the Consortium, however, the amount of funds available will not be known until the end of 2002. If Federal Way, does receive additional planning and administration funds, the amount available for capital funds will be reduced proportionately. Returning to Direct Entitlement . Although Federal Way would receive more funding for CDBG programs and planning and administration activities as a direct. entitlement, the City would assume.all of the monitoring and reporting responsibilities required by HUD. Further analysis is needed to determine whether the projected funds available for planning and administration would be sufficient to cover staffing costs. Additionally, the City of Federal Way. would be required to complete a Consolidated Housing and Community Development Plan that must be completed before the release of CDBG .funds. The Consolidated Plan entails an eXtensive planning and public participation process. The City 'of Kent utilized an RFP process to hire a' consultant to complete their Consolidated Plan with' a budget of $45,000. Federal Way has not budgeted any funds to complete a Consolidated Plan for 2002. If the City of Federal Way chooses to return to a direct . entitlement, program income and (.) recaptured funds from prior participation in the Consortium would be returned to the Consortium and not the City. Any future program income or recaptured funds resulting from programs H- 2-\ funded as a direct entitlement would return to the City. Federal Way's share of the King County Consortium program income for 2003 is estimated to be $46,706. Estimates for Federal Way's 2003 recaptured funds have not been provided by King County yet. Staff is currently aware of $126,000 that would be recaptured in 2003 by Federal Way as a consortium member. Attachments The following attachments are provided as additional information for the Commission's review: . Correspondence from the King County Department of Community and Human Services . A graph of the King County Consortium annual entitlement and setaside . Consortium Pass-through vs. Entitlement Amount Comparisons for 2000-2003 . An updated Analysis of CDBG Issues . Memorandums to the city councils of Kent and Renton with Analysis of CDBG Issues . A glossary Automatic Renewal of HOME Interlocal Cooperation Agreement The King County HOME Consortium includes King County and all cities within the county with the exception of Seattle. HUD gives one HOME grant to the Consortium each year, which is administered by King County Housing and Community Development. There is no pass-through system for HOME funds and Federal Way does not meet the minimum threshold to stand alone. Non-profit housing developers apply directly to King County for use of funds. Member cities and the Joint Recommendation Committee (JRC) are involved in project selection. Similar to the King County CDBG Consortium, membership in the consortium is accomplished through an interlocal cooperation agreement (ICA) with a three-year term. The current ICA expires at the end of 2002 and will automatically renew for another three-year period. No action is recommended at this time. . Staff Recommendation The City of Federal Way will need to make a commitment by June 28, 2002, either to remain in the King County CDBG Consortium for 2003-2005 or become a direct entitlement. Staff is continuing to research staffing issues and funding and the feasibility of completing a Housing and Community Development Plan. Staff will present a recommendation at t~May 20, 2002 Human Services Commission meeting for consideration. Options would therÎbe brought forward to the Council in June to either formally accept the King County Consortium Pass Through or notify King County that Federal Way will become a direct entitlement community in 2003. The King County HOME Interlocal Cooperation Agreement will automatically renew for another three year period. No action is recommended at this time. I will be glad to answer any questions the Commission may have at the May 20, 2002 meeting. Please contact me at (253) 661-4153 or kellio@fedway.org if you have any questions regarding the information provided. \-\ -- '2- L- Attachment 5 CITY HALL 33530 1 st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 May 22, 2002 Ms. Barbara J. Gletne, Director King County Department of Community and Human Services 821 Second Avenue, Suite 600 Seattle, WA 98104-1598 Dear Ms. Gletne: Thank you for your letter of May 6, 2002, notifying the City of Federal Way of the opportunity to continue participation in the King County Community Development Block Grant (CDBG) Consortium and the King County HOME Investment Partnerships (HOME) Program Consortium. I understand, per e-mail from Kathy Tremper on May 9, 2002, that we must' notify King County and the u.S. Department of Housing and Urban Development (HUD)' by June 28, 2002 if the City decides to not participate in one or Qoth of the consortiums. ' As.you are aware,the City of Federal Way is a CDBG entitlement community that has chosen to participate in the King County Consortium since 1994. Since joining the' Consortium, the City has continually evaluated the benefits of receiving GDBG entitlement through the Consortium. Although membership in the King County Consortium has been an economical way of providing CDBG projects and programs to benefit the low- and moderate-income residents of Federal Way, the City has the following concerns regarding the increasing administrative costs of the CDBG Consortium. . 1.) The set-aside has increased every year since 1996, causing the amount available for most cities to decrease annually: The proposed 2003 CDBG administrative set-aside budget is a 9% increase over the 2002 set-aside. The preliminary CDBG estimates for 2003 project a reduction in funds available to allocate to Federal Way's CDBG projects and administration, largely due to the increasing costs of administering the. . Consortium's CDBG program. 2.) The City of Kent has announced its departure from the Consortium effective 2003. The Consortium's CDBG entitlement will be reduced by $587,000 with the City of Kenfs departure. However, it is my understanding that there has been no reduction in the County's CDBG administrative costs, resulting in higher costs to the remaining cities. The combination of these two factors have caused Federal Way's 2003 share of King County's administrative set-aside to increase by over $20,000 without a corresponding increase in service. \-\- 7- ~ , .....-------..--- Ms. Barbara J. Gletne, Director May 22, 2002 Page 2 The City of Federal Way is currently evaluating the benefits of returning to direct entitlement status effective 2003. Reductions in human services funding at the state and county level are expected to continue to impact the low- and moderate-income residents of the City of Federal Way. It is imperative at this time for Federal Way to seriously consider how the CDBG program can most effectively benefit our community. In the event that the City of Federal Way decides to remain in the Consortium for the 2003- 2005 term, we would like to work with King County and participating jurisdictions to amend the current CDBG Joint Agreement to address the following issues: . Review of King County administrative costs . .. ~ . Review of the formula used to calculate whether entitlement communities reœive'tHe Consortium formula amount or entitlement amount . . ;:3 . Opportunities for participating jurisdictions to have input into items broughUorward}to the Joint Recommendation Committee . . . Sixty-day notice to cities when items require local Council action . Improved reporting of County managed projects "¡~J} ,- ,.. " ,; ¡ The purpose of this letter is to alert you and the Joint Recommendations Committeeì(JRG)'of ".', ' Federal Way's concerns and request your help. A response to the above'issùes-'WoUldhétp;~S;~; ,:,' ; us better evaluate whether or not to remain in the King County Consortium: In order.1ö"~t the June 28 deadline, I would appreciate a written response by June 7, 2002.-We'åþpr~tiäl the valuable service the County has provided over the past years but we -mustêOñtinÎi&tb~: evaluate how to provide the best service to our residents. We will notify you by June 2002 whether or not the City of Federal Way will remain in the King CountyCDBG Consortium for the 2003-2005 term. . . , \~\).;':i"C,J ~ .,,-,i~lM:I~ . ,J}~ ,,'~'.i,Li""/ .. ,,' itilir..ìr~ ,'s""ábf-i;\ . ~ ';o':'1t~c:" ... " .. , " cc: Joint Recommendatio s Committee Ron Sims, King Coun Executive John W. Peters, Director, Office of Community Planning and Development, U.S. Department of Housing and Urban Development. Sadikifu Akina-James, Manager, Community Services Division Linda Peterson, Program Manager, Housing and Community Development Program Kathy McClung, Director of Community Development Lydia Assefa-Dawson, Human Services Manager Y', '..",>. . \-1- 2- L-( - -