PRHSPSC PKT 07-12-2004City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Monday, July 12, 2004 City Hall
5 00 p.m. Mt: Baker Conference Room
1.
CALL TO ORDER
2.
PUBLIC FORUM
3.
COMMISSION COMMENTS
4.
APPROVAL OF JUNE 14, 2004 SUMMARY
5.
COMMITTEE BUSINESS
A. Amendments to King County CDBG & HOME Consortium
Agreement Revising JRC Membership
Action
B. Community Center 2% for Art Conceptual Artwork Proposal,
Themes and Concepts Presentation/Action
C. Dumas Bay Centre Landscaping Services
Action
D. Armstrong Park: 100% Design Approval and Authorization
to Bid and Award Project
Action
E. Thompson Park: 100% Design Approval and Authorization
to Bid and Award Project
Action
F. Festival Days Memorandum of Understanding
Information
G. Code Amendment Updating Chapter 6, Criminal Code
Action
6.
PENDING ITEMS
• Community Center
• Municipal Court Judge Election
7. NEXT MEETING — August 9, 2004
8. ADJOURNMENT
O'Donnell
Faber
Ettinger
Sanders
Sanders
Reuter
Richardson
2004 Committee Members: Staff:
Jeanne Burbidge, Chair Donna Hanson, Interim Director
Jack Dovey Mary Jaenicke, Administrative Assistant
Jim Ferrell 661-4041
City of Federal Way
City Council
PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, June 14, 2004
5:00 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Jack Dovey; Council member
Linda Kochmar; David Moseley, City Manager, Pat Richardson City Attorney, Derek Matheson, Assistant City
Manager, Anne Kirkpatrick, Chief of Public Safety, David Tracy, Municipal Court Judge, Kelli O'Donnell CDBG
Coordinator, Donna Hanson, Interim Director, Parks, Recreation & Cultural Services, Kurt Reuter, Park
Maintenance Superintendent, Aaron Moe, Senior Services Coordinator, Steve Ikerd, Facilities Manager, Mary
Jaenicke, Administrative Assistant.
Guests: Don Dennis, Parks Commission, George Pfeiffer, Parks Commission, Kevin King, Human Services, James
Dalton, Citizen
Chair Burbidge called the meeting to order at 5:05p.m.
PUBLIC FORUM
James Dalton: Spoke regarding his concerns about the increase use of motorized and electric scooters on the bike
paths. He urged City Council to take a firm stand and pass an Ordinance on this issue. They are dangerous and
incompatible for bike paths, parks and sidewalks.
COMMISSION COMMENT
Kevin King, Human Services Commission: Reported that they are starting the process of reviewing the
applications that have been submitted for CDBG.
APPROVAL OF SUMMARY
Council members Ferrell and Dovey motioned to accept the May meeting minutes as written. Motion passed.
BUSINESS ITEMS
Washineton Conservation Corps Interlocal Agreement
Mr. Ikerd reported that the City entered into an Interlocal Agreement with the Washington Conservation Corps in
2003 to remove exotic plants such as Himalayan Blackberry and Scot's broom at Celebration Park. The program has
been very successful. Mr. Ikerd is recommending extending the term of the agreement through the end of the year.
The cost is approximately $12,800.00. Funding will come out of the 2004 facility maintenance contract account.
Parks will continue to use volunteers to supplement related tasks. Dovey moved to place this item on Councils
July 6, 2004 consent agenda with a "do pass" recommendation to accept the Interlocal agreement with the
Department of Ecology, Washington Conservation Corps for the amount of $12,800.00, extending the term
until December 31, 2004. Ferrell seconded. Motion passed.
Community Development Block Grant Application for the Community Center
Ms. Hanson reported that a grant application has been submitted for CDBG funds for funding equipment at the new
Community Center. Council member Dovey asked if this application would be part of the Human Services Analysis.
It will be the Human Services Commissions decision if this will be funded or not. Ms. O'Donnell reported that the
total amount of funding requested is 1.3 million dollars. There is approximately $600,000.00 available in capital.
The city is requesting about 20% of the $600,000.00 that is available.
Motorized (Scooter) Vehicle Use Ordinance Revision
Mr. Reuter reported on the Ordinance Revision to ban motorized scooter use from all park areas, including paved
hard surface areas, trails, sidewalks, and parking lots. Currently these are not banned from sidewalks in the City.
Mr. Matheson stated that this is a legislative issue. There are cities that are currently trying to get these banned from
sidewalks. State law does not give cities authority to regulate motor scooters on public roadways. Cities are
pursuing a legislative change. Reuter has received approximately 8-10 complaints within the past two months. The
complaints have come from both users of the trail, and property owners adjacent to the trail. Council member Dovey
would like it to be a severe penalty for illegally using these scooters. Ms. Richardson said the code allows for Civil
Enforcement first. The motor scooter users are minors, so the infraction would be against the parents or P-uardian. It
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday June 14, 2004 Summary
Page 2
would be up to the code enforcement or law enforcement officer to enforce this Ordinance. One of the conditions for
funding of the BPA Trail was that the trail was a footpath. Motorized vehicles are not allowed. Council member
Dovey stated the Ordinance would need to be enforceable. It cannot be an Ordinance that the enforcement people
need to think about. Council agreed that there needs to be a fine, but there also needs to be an education and
awareness program about this new law. Discussion was also held regarding confiscating the scooter vs. a large fine.
Chief Kirkpatrick reported there would be a lot of issues if they start confiscating scooters. Ms, Hanson
recommended sending this item back to staff for more research. Staff will research what other cities have done,
banning sidewalks, penalties, and how the community was made aware of the new law. It was also suggested that
this Ordinance should be made citywide. Chair Burbidge said she would be in favor of that, but if it seems that the
broader Ordinance gets more complex, then we need to take care of the immediate need for a Park Ordinance.
Jim Webster Field Memorial
Mr. Reuter reported that staff and the Parks Commission would like to name Softball field #1 at Celebration Park
after former Council member Jim Webster. Mr. Webster devoted his life to Parks and Recreation. Council member
Dovey moved to recommend to Council a "do pass" to accept the recommendation to name Celebration Park
Ball field number one, "Jim Webster" Field, and to place this item on the consent agenda at July 6, 2004
meeting. Ferrell seconded. Motion passed. Mr. Ferrell inquired as to how much money was collected on Mr.
Webster's behalf. The city collected $1,400, WRPA has $1,000, and INFRA has $1,000.
"Pray Federal Way" Event at Saghalie Park
Mr. Reuter reported that this event was held last year at Saghalie Park. It was a one -day event last year. This year it
will be a two-day event, and they are expecting a larger crowd. Due to the increase, staff felt it was important to
formalize the agreement, and draft an MOU. Mr. Dovey questioned why the MOU is presented at Council. Reuter
answered that not all park rentals require an MOU, but an event this large does require an MOU to formalize the
arrangements. Ms. Hanson stated that in the future MOU's would be presented to Council Committee as an
informational item, so Council would be aware of the event. The park will be open to the public. Ferrell moved to
recommend to Council a "do pass" to accept the 2004 Memorandum of Understanding between the City of
Federal Way and "Pray Federal Way" and to place this item before Council on the July 6, 2004 consent
agenda. Dovey seconded. Motion passed.
Interlocal Agreement for Jail Administration
Ms. Richardson reported that City staff has been working very hard to reduce jail cost. They have established an
agreement with Yakima County for jail beds. Yakima County is in the process of building a jail facility. The
Interlocal Agreement discusses forming sub -groups that would administer the Interlocal agreement. The Interlocal
agreement specifies the sub -groups responsibilities. 1) Oversight group of elected officials, 2) Jail Administrative
Group, 3) Jail Operations Group. The agreement has signature lines for all of the cities that are a part of the
Interlocal agreement on the Yakima Jail Contract. The other cities have seen this agreement, and have approved it
and adopted it. Mr. Moseley stated that we are using less jail space because crime is down. We are currently using
approximately 40 beds. Council member Dovey asked if we were signing this agreement to help finance Yakima's
jail. Mr. Moseley explained that for Yakima to accommodate King County's new prisoners it is building a new
facility financed by the Yakima Contract. We currently have a contract to rent 29 spaces for seven years. The city is
currently renegotiating what happens with the unused bed space. Mr. Moseley clarified that this Interlocal
Agreement for Jail Administration is an agreement between the City of Federal Way and other cities in King County
and discusses how the King County contract and the Yakima contract will be administered. Ferrell moved to
recommend approval of the proposed Interlocal Agreement for Jail Administration and forward it to full
council for consideration at the July 6, 2004 City Council meeting. Dovey seconded. Motion passed.
Municipal Court Judge Election
Ms. Richardson reported that she met with Iwen Wang, the city's financial Director, regarding the financial impact if
the city converted the position to an elected position. There is not a requirement to convert the elected position to a
full-time position. Ms. Wang's opinion is that there is not a financial impact because City Council can control the
hours of the position, whether it is elected or appointed. Council member Ferrell stated that he has been thinking
about this issue for several years. He believes that it is important to discuss this issue now, before we are too close to
a contract renewal. There needs to be a separation of powers. The judge is essentially an employee of the City
Manager. Council member Ferrell also believes that the citizens of Federal Way should be able to choose the person
that sits on the judgment of their cases. Council member Ferrell would like to see this as an action item on the next
Council Committee meeting for passage to Full Council. Council member Dovey would like to wait until 2005 to
make this decision. He believes that this is a monumental decision for the city, and he does not want to move too
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday June 14, 2004 Summary
Page 3
fast. Council is not ready to make a decision on what is best for the city regarding this issue. Deputy Mayor
Kochmar stated that there are a lot of other issues facing the City at this time. She would like to revisit this issue at
the first part of 2005. Chair Burbidge agreed that it makes sense to take time on this issue. The committee requested
that staff provide a matrix of comparisons with other cities that have elected and appointed judges.
Narcotics K-9 Ownership Settlement Agreement between Washington State Patrol and the Federal Way
Police Department
Chief Kirkpatrick stated that this is a settlement agreement requesting to transfer all rights, titles and interest from
Washington State Patrol Narcotic K-9 dog (Diesel) to the City of Federal Way. Council member Dovey moved to
approve and accept this request for transfer of all rights, titles and interest in the dog known as K-9 Diesel
from the Washington State Patrol to the Federal Way Police Department, and forward to full Council for
consideration at its July 6, 2004 meeting. Ferrell seconded. Motion passed.
2004 Bulletproof Vest Partnership Grant
Chief Kirkpatrick stated that this is an annual grant that the department applies for. The Department received
notification that they have received the grant to replace bulletproof vests in the department. These vests are replaced
every year. This grant is a 50% match. The total for replacement is $72,069.00. Dovey moved to approve and
accept the 2004 Bulletproof Vest Partnership Grant of $36,035.50 including authorization to purchase vests
totaling approximately $72,069.00 and forward to full Council for consideration at it's July 6, 2004 meeting.
Ferrell seconded. Motion passed.
PENDING ITEMS
None
NEXT MEETING
July 12 2004, 5:00 p.m. in the Mt. Baker Conference Room
ADJOURNMENT
Meeting adjourned at 6:27p.m.
5, A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date: July 6, 2004
From: Kelli O'Donne BG Coordinato���
Via: David Mos i Manager
Subject: Amendments King County CDBG & HOME Consortium Agreements
Revising JRC Membership
Background
The City of Federal Way is a member of the King County Community Development
Block Grant (CDBG) and HOME Consortiums that are administered by King County per
the attached agreements. The recommending body of both the Consortiums is the
Joint Recommendation Committee (JRC). The JRC has been composed of four county
representatives and five cities representatives. Staff from King County and participating
cities held a series of meetings to discuss potential changes to the administration of the
CDBG and HOME programs in 2003. In November 2003, it was agreed to revise the
membership of the JRC to better represent the Consortium. City representation was
increased to seven seats and King County was reduced to three seats. The
membership was distributed between the different sized participants in the programs:
three- members from pass-through cities and small cities; two members from joint
agreement cities; and two members from HOME only cities. The proposed
amendments (Attachment 1) to revise the JRC membership for the CDBG and HOME
agreements are attached followed by each agreement. The JRC was reconfigured in
January 2004 pending the formal adoption of the amendments to the CDBG and HOME
interlocal agreements. As a joint agreement city, the City of Federal Way now shares
two seats with Renton and Shoreline on a rotation schedule. A joint agreement city is
defined as a city that may receive a CDBG entitlement directly but chooses to
participate in the King County Consortium. Council Member Burbidge has served on
the JRC as a representative of a joint agreement city since January 2004.
Commission Recommendation
At the June 14, 2004, Human Services Commission meeting, the Commission voted
unanimously to amend the Community Development Block Grant (CDBG) and HOME
agreements with King County to reflect the new membership of the Joint
Recommendation Committee (JRC). The staff report to the Human Services
Commission is also attached (Attachment 2) with background information from
November 2003 for your information.
Committee Recommendation
move to recommend that the City Council authorize the City Manager to execute the
proposed amendments to the Community Development Block Grant Joint Agreement
and HOME Investment Partnerships Program Interlocal Cooperation Agreement
(Federal Way AG#99-145) for the purpose of changing the composition of the Joint
Recommendations Committee.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
1\J
Attachment 1
■
AMENDMENT NO. 1
COMMUNITY DEVELOPMENT BLOCK GRANT
JOINT AGREEMENT
THIS AMENDMENT to the Community Development Block Grant Joint
Agreement dated August 18, 1999 is entered into by and between King County and the
City of ; said parties to the Agreement each being a unit of
general local government in the State of Washington.
WITNESSETH:
WHEREAS, King County and the City entered into a Community Development
Block Grant (CDBG) Joint Agreement (the "Agreement") in 1999 for the purpose of
allowing this entitlement City to participate in the King County urban county consortium
formed to receive, distribute and administer CDBG and other federal funds; and
WHEREAS, there is mutual recognition of the need to amend this Agreement to
increase participating cities' representation on the inter jurisdictional Joint
Recommendations Committee:
NOW; THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Paragraph VIII. A is deleted and replaced with the following new Paragraph VIII.
A.:
Joint Recommendations Committee Composition. The Committee shall be
composed of three (3) County representatives and seven. (7) cities representatives.
The three County representatives will be King County Executive staff with broad
policy responsibilities, and/or Department Directors, and/or elected representatives
of Unincorporated Area Councils. County representatives shall be specified in
writing and should, where possible, be the same person consistently from meeting
to meeting.
The seven cities representatives will be elected officials, chief administrative
officers, or persons who report directly to the chief administrative officer and who
have broad policy responsibilities, e.g., planning directors, department directors,
etc. Three of the seven cities representatives will be from the CDBG "Pass-
through" cities and the CDBG "Small" cities, at least one from each group (the
third may be from either). Two of the seven cities representatives shall be rotated
among the CDBG "Joint Agreement" cities of Federal Way, Shoreline and Renton.
Two of the seven cities representatives shall be rotated among the "HOME -only"
Cities of Auburn, Bellevue and Kent, and these two representatives will vote only
on issues related to the King County HOME Consortium and other regional
housing -related funds (excluding CDBG). For all the rotating positions, each city
will serve two years on and one year off, except that during the first year (2004)
one city in each group will serve a one-year term. Cities not serving in a position in
a certain year may serve as an alternate. The rotation cycles of the two groups will
be coordinated to achieve broad sub -regional representation. (The chart below sets
forth the rotation schedule for the four rotating city representatives.) If any city, in
accordance with HUD -instructions, notifies the County of its intent to change its
status at the end of the three-year qualification period, and as a result the number of
CDBG "Joint Agreement" or "HOME -only" cities changes, County staff shall
initiate a timely process to revisit the cities representation on the JRC.
Joint
2004
2005
2006
2007
2008
Agreement
Federal Way
X
X
X
X
Shoreline
X
X
X
Renton
-
X
X
X
HOME -only
2004
2005
2006
2007
2008
Kent
X
X
X
X
Auburn
X
X
X
Bellevue
X
X
X
A -3
Paragraph VIII. B. is deleted and replaced with the following new Paragraph VIII.
B.:
Appointments. The King County Executive shall appoint the County
representatives. The CDBG "Pass-through" cities and the CDBG "Small' cities
will provide for the appointment of their shared representatives in a manner to be
determined by those cities through the Suburban Cities Association or other agreed
mechanism for the execution of shared appointing authority. The Suburban Cities
Association or other agreed mechanism will work in coordination with the "Joint
Agreement" and "HOME -only" cities to achieve broad sub -regional representation.
The representatives of the revolving CDBG "Joint Agreement" cities and the
representatives of the revolving "HOME -only" cities shall be appointed by their
respective jurisdictions. Members of the Committee shall serve at the pleasure of
their respective appointing authorities.
IN WITNESS THEREOF, the parties have executed this Amendment.
King County, Washington, a political City of
Subdivision of the State of Washington a municipal corporation of
the State of Washington
By:
signature
printed name
Title:-
Date-
APPROVED
Title:-Date:APPROVED AS TO FORM:"
Norm Maleng
King County Prosecuting Attorney
Margaret Pahl, King County Prosecuting
Attorney
By:
signature
printed name
Title:
Date:
rw n v
' itqq,�, // For Information only
'T7 Please do not sign.
COMMUNITY DEVELOPMENT BLOCK GRANT
JOINT AGREEMENT
THIS AGREEMENT is entered into by and between King County and the City of
,:said parties to the Agreement each being a unit of general local government in
the State of Washington.
WITNESSETH:
WHEREAS, the federal government through adoption and administration of the Housing
and Community Development Act of 1974, as amended (the "Act"), will make Community
Development Block Grant ("CDBG"), funds available to both the County and city in the form 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 Development
("HUD") as an urban county for the purpose 'of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county the annual
appropriation of CDBG funds based on the population characteristics of the urban county; and
WHEREAS, 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
WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing
and community development plan ("Consolidated H&CD Plan") by participating jurisdictions;
and
WHEREAS, King County will undertake CDBG-funded activities in participating
incorporated jurisdictions as specified in the Consolidated H&CD Plan by granting funds to those
jurisdictions to carry out such activities; and
WHEREAS, King County is responsible to the federal government for all activities
undertaken with CDBG funds and will ensure that all CDBG assurances and certifications King
County is required to submit to HUD with the Annual Action Plan will be met; and
WHEREAS, King County and the participating jurisdictions are 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 boundaries and can therefore be
considered regional needs; and
iA --; 1
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, the purpose of this Joint Agreement, which is entered into pursuant to and in
accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is for the City to join
the urban county consortium, ("Consortium"),- for planning the distribution and administration. of
CDBG and other federal funds received on behalf of the Consortium from HUD, and for
execution of activities in accordance with and under authority of the Act;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN, IT IS AGREED THAT:
I. 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 communities,
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 from annual CDBG funds from
federal Fiscal Years' 2000, 2001, and 2002 appropriations, from recaptured funds allo-
cated in those years, and from any program income generated from the expenditure of
such funds.
II. GENERAL DISTRIBUTION 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, Bellevue, and
Seattle.
A. The amount needed for administration of the Consortium's CDBG and other federal
programs which benefit the Consortium shall be reserved by the County. This
amount, hereinafter referred to as the administrative setaside, is contingent upon
review by the Joint Recommendations Committee ("the Committee"), as provided in
Section VIII.C.1., and approval by the Metropolitan King County Council, as
provided in Section XIH.B.
B. In addition to the administrative setaside referred to in Section tI (A), each year 25%
of the public service funds available, not to exceed $300,000, will be subtracted from
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 Act (RCW Chapter 36.70A). This public service
setaside will be administered by the County with input from a working group of the
2
R_ ,n
W
participating cities and county staff. This public service setaside will be subject to
the same percentage of decrease as the annual public service funds if there are any
reductions during the year. In addition, any city participating in this Joint Agreement
will have the option of withholding their pro rata share of the Housing Stability
Program funds and allocating them to a different eligible public service activity if the
City so chooses.
C. Of the grant amount remaining after the setasides referred to in Sections II.A. and
H.B. ("the Adjusted Grant Amount"), the city participating in this Joint Agreement
will be eligible to receive a direct pass-through share, provided that:
The City's pass-through share will be the larger of a share of the Adjusted Grant
Amount based upon the CDBG Consortium's formula (the City's share of the
Consortium's total. low- and moderate -income persons, 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 H.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
passthrough of CDBG funds. The, responsibilities of . these pass-through
jurisdictions are defined in Section X. Participating cities may elect not to
receive a direct. pass-through but may compete for County and Small Cities
Funds, as defined in Section H.D., below.
D. The funds remaining in the Adjusted Grant Amount after the distribution of the pass-
through funds referred to in Section II.C. shall be referred to as the County and Small
Cities Fund, and shall be allocated on a competitive basis to projects serving the
cities not qualifying to receive or not electing to receive 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, will be recaptured by the County and will be
redistributed as follows:
1. Administrative setaside funds, as defined in Section II.A. and public service
setaside as defined in Section II.B. which are 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 moderate -
income persons, as defined by HUD.
2. Funds recaptured from a project funded through a city's pass-through fund, as
defined in Section H (C), shall be returned to the City's pass-through fund, unless
3
the City no longer qualifies for a pass-through as provided in Section II.C.L, in
which case the funds shall be returned to the County and Small Cities Fund.
3. Funds recaptured from a project funded through the County and Small Cities
Fund, as defined in Section II.D., shall be returned to the County and Small
Cities Fund. ;
F. Unallocated or.recaptured funds from 1987 and prior years (e.g., unallocated or
recaptured "Population", "Needs" or "Joint" funds) shall be r 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 moderate -
income persons, as defined by HUD.
G. Funds received by a jurisdiction or CDBG subrecipient generated from the use of
CDBG funds, hereinafter referred to as program income, shall be returned to the fund
which generated the program income as follows, unless an exception is specifically
recommended by the Committee and approved by the Metropolitan King County
Council:
1. That portion of the program income which is interest or fee income generated
through Community Development Interim Loan (CDIL) 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, shall be returned to
the Consortium. The funds shall be used for the direct costs (e.g., staff, attorney,
and bank fees, advertising costs, contract compliance costs), necessary for the
marketing, 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 group.
2. Program income generated from a project (including housing repair) funded
through a city s pass-through fund, as defined in Section II.C., shall be returned
to the Citys pass-through fund, unless the City no longer qualifies for a pass-
through as provided in Section U.C. L, in which case the program income shall
be returned to the County and Small Cities Fund.
3. Program income generated from a project (including housing repair) funded
through the County and Small Cities Fund, as defined in Section II.D., shall be
returned to the County and Small Cities Fund.
4. Program income generated from projects funded in 1987 (except for housing
repair) and prior years shall be returned to the Consortium and be distributed to
the Pass-through Cities and the County and Small Cities Funds according to
their share of the Consortium's low- and moderate -income persons, as defined by
HUD.
M
I
M. 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 U. 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 low- 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 pity in this 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 HUD regulations.
E. Approval of projects must be 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 share to cover
administrative costs of its local CDBG Program or to fund planning. projects,
however, this amount must be reserved by spring of each year and will be based upon
the City's proportion of low- and moderate -income persons, 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 of their administrative costs if -
1.
f
1. Planning ceiling (the maximum amount allowed by HUD for planning and
administration activities which cannot exceed 20% of the annual entitlement
plus program income) is available;
2. The City runs a competitive process for the distribution of the CDBG funds; and
3. City - staff participate in Consortium -wide planning processes such as
development of the Consolidated H&CD Plan and the HOME Consortium
Working Group.
C. Requests from 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 staff who are supported with administrative funds would also be
expected to assist in preparing and/or presenting information to the Committee.
V. USE OF PUBLIC SERVICE FUNDS
A Pass-through City may reserve a portion of its entitlement share 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 of low- and moderate -income persons, as defined by HUD.
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 H.G. of this
Agreement.
C. Any program income the participating jurisdiction is authorized to retain may only be
used for eligible 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 record keeping 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 of the participating jurisdiction any
program income that is on hand or received subsequent to the close-out or change in
status shall be paid to King County Consortium.
VII. REAL PROPERTY
A. Participating jurisdictions owning community facilities acquired or improved in
whole or in part with CDBG funds must comply with change of use restrictions as
required by HUD and the policies adopted by the Committee as found in the
Consolidated H&CD Plan.
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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 funds. This includes any modification or change in use from that planned at
the time of the acquisition or improvement, including disposition.
C. The jurisdiction shall reimburse King County in an amount equal to the current fair
market value (less any portion thereof attributable to expenditures of non-CDBG
funds) of property acquired or improved with CDBG funds that is sold or transferred
for a use which does not qualify under the CDBG regulations.
D. Program income generated from the disposition or transfer of property prior to or
subsequent to the close-out, change of status, or termination of the cooperation
agreement between the County and the participating jurisdiction shall be subject to
the requirements set forth in Section H.G. and Section VI.
VIII. JOINT RECOMMENDATIONS COMMITTEE
A Joint Recommendations Committee shall be established.
A. Composition. The Committee shall be composed of four County representatives and
five Cities representatives. The four County representatives may be Department
Directors or their designees, and/or citizen representatives from unincorporated
communities. 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 representatives and their alternates will include city planning directors or
comparable level staff, or elected officials. Two city representatives and their
alternates 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 shall be rotated between the HOME -
only cities of Auburn and Bellevue. The revolving position will be non-voting,
except on issues related- to the King County HOME Consortium and other federal
housing -related funds (excluding CDBG).
B. Appointments. The King County Executive shall appoint the four 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. Terms of office shall 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 chairperson and vice -chairperson of the Committee shall be chosen from 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 empowered 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 setaside, priorities governing the use of the public services
setaside, and projects or programs to be funded with the program income from
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
responsibilities 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 .from 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 from the remainder of any new
Pass-through City's funds if that new Pass-through City chooses to take only a
partial pass-through as provided in Section II.C.4. above.
IX. RESPONSIBILITIES 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 setaside, hereinafter referred to as the Staff,
serve as staff to all Consortium partners and the Committee and provides liaison between
the Consortium and HUD.
A. Responsibilities to the Joint Recommendations Committee. The Staff shall:
L 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.
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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 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 staff working groups and present to the Committee specific
sanctions to be imposed on cities which fail to meet their responsibilities as
contained in Section X and as contained in specific annual agreements.
B. Responsibilities to Jurisdictions Which are Parties to This Agreement.
The County will develop strategic plans which will identify housing and community
development needs and objectives to address high priority needs in the balance of the
County in accordance with . the primary goals and requirements of the Act. The
Consolidated H&CD Plan, including the housing and community development
objectives will meet the HUD requirement for a Community Development Plan. The
objectives and any local program criteria 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
necessary 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. Distribute to participating jurisdictions, prior to any Joint Recommendations
Committee decision based upon it, information concerning proposals having
implications for Consortium -wide funding as provided in Section II.G.1. above.
The County will incorporate jurisdictions' feedback in materials forwarded to
the Joint Recommendations Committee 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
comment prior to the Joint Recommendations Committee'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 administering on behalf of the Pass-through Cities.
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5. Administer the Consortium's CDBG Program:
• help to identify needs in communities;
• provide assistance in interpreting HUD regulations;
• provide technical assistance to cities as necessary to enable them to meet
their responsibilities as partners to the Agreement; —
• assist in the development of viable CDBG proposals;
• review all proposals for CDBG funding;
• inform participating jurisdictions in a timely way of the amount of capital
dollars available for distribution regionally and the requirements regarding
eligibility for them.
_ • develop contracts for funded projects in a timely fashion; public (human)
services programs have a high priority and will receive authorization to
proceed within 15 working days of the beginning of the program year if all
relevant information needed to prepare the contract has been submitted;
• monitor subrecipient and city -funded projects;
• monitor and enforce compliance with the federal wage and relocation
requirements;
•- reimburse all eligible costs;
• prepare and submit required documents and reports to HUD; and
• provide oversight of the CDBG Consortium to ensure compliance with all
federal requirements.
6. Upon -request by a Pass-through City, staff will develop, administer, and
implement a city's CDBG-funded contract. Additionally, multi -jurisdictional
projects funded by King County and/or one or more cities will be -developed and
implemented by Staff.
7. King County shall determine, with the advice of representatives from small
cities, the use of the County and Small Cities Funds in a manner consistent with
the Consolidated H&CD Plan including its local program criteria.
X. RESPONSIBILITIES AND POWERS OF PASS-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 program criteria 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 federal
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requirements, Consortium -wide policies and local comprehensive plans being
developed under the Growth Management Act.
B. Notify the County of the citizen participation activities undertaken by local jurisdic-
tions as well as any changes made by the jurisdiction to funded CDBG activities in a
timely manner as referenced under Section III(D).
C_ Each Pass-through City shall exercise local discretion in determining the use of its
pass-through funds in a manner that (1) is consistent with the Consolidated H&CD
Plan, (2) recognizes the federal requirement at 24 CFR Part 570.2 that a minimum of
70% of the funds be spent on activities benefiting primarily low and moderate
income persons, and (3) is in accordance with the Consortium's schedule for
.submission to HUD.
D. City legislative bodies shall approve or disapprove via motion or resolution all
CDBG activities, locations, and budgets submitted by Pass-through City staff.
Notice of these actions are to be forwarded to the County in a timely manner.
E. Pass-through City staff shall review all project proposals for consistency with federal
threshold requirements and Consortium -wide policies 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-through City staff shall assist in the development of the Consortium -wide
Consolidated H&CD Plan which includes housing and other community
development needs, resources, objectives, 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-through City staff shall participate in other Consortium -wide planning activities
such as HOME policy development and monitoring the Housing Stability Program;
I. Pass-through City staff shall collaborate with County staff working group and _present
to the Committee specific sanctions to be imposed on cities which fail to meet their
responsibilities as contained in this section and as contained in specific annual
agreements.
I Each Pass-through City shall examine its role in recognizing and addressing regional
or Consortium -wide needs and may participate in a coordinated funding approach
with other jurisdictions and the County to serve their residents.
XI. RESPONSIBILITIES OF OTHER CONSORTIUM CITIES
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 local
program criteria for addressing them.
B. Prepare applications for CDBG funds to address local needs.
C. Obtain city council authorization for proposed projects.
D. Carry out funded projects in a timely manner.
XII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS
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 policy prohibiting 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 from a facility or location which is the subject of non-violent
civil rights demonstrations within jurisdictions.
C. Pursuant to 24 CFR 570:501(b) all participating units .of -local government are
subjeet to the same requirements applicable to subrecipients, excluding the County's
Minority and Women Business Enterprises requirements. The applicable
requirements include, 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 work; records and reports; program income; uniform
administrative items; other program requirements; conditions for religious
organizations; suspension and termination; and reversion of assets.
D. All participating units of local government understand that they may not apply for
grants under the federal Small Cities or State CDBG Programs which receive
separate entitlements from HUD during the period of participation in this Agreement.
Consortium cities which do not receive a direct pass-through of CDBG funds may
apply for grants under the County and Small Cities Fund.
12
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E. All units of local government participating in the CDBG urban county through this
agreement understand that they are also part of the urban county for the HOME
program, and may participate in a HOME program only through the urban county.
XIII. RESPONSIBILITIES AND POWERS OF KING COUNTY ON BEHALF OF THE
CONSORTIUM
King County shall have the following responsibilities and powers:
A_ The Metropolitan King County Council shall have authority and responsibility for all
policy matters, including the Consolidated H&CD Plan, upon review and recom-
mendation by the Committee.
B. The Metropolitan King County Council shall have authority and responsibility for all
fund allocation matters, including the approval of the annual administrative setaside
and the approval and adoption of the Consortium's annual CDBG Program.
.C. The King County Executive shall have the authority and responsibility to approve
requested changes to the adopted annual CDBG Program in the following
circumstances:
l: 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 subrecipient,
and the `change is made in consultation with the Councilmember 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 which the County
is responsible, 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 has responsibility for and assumes all obligations as the
applicant in the execution of this CDBG Program, including. final responsibility 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.
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XIV. GENERAL TERMS
A. This Agreement shall extend through the 2000, 2001, and 2002 program years, and
will remain in effect until the CDBG funds and program income received with
respect to activities carried out during the three-year period are expended and the
funded activities completed. This agreement will be automatically renewed for
participation in successive. three-year qualification periods, unless the County or the
City provides written 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 assisted with CDBG funds is disposed of or used in accordance
with. federal regulations.
B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no
included unit of general local government may terminate or withdraw from the
agreement while it remains in effect.
C. It is understood that by signing this Agreement the jurisdictions shall agree 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) of Title I of
the Housing and Community Development Act of 1974, as amended, including Title
VI of the Civil Rights Act of 1964, (Title III 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-Pisabilities Act of 1990,
and other applicable laws.
E. No CDBG funds shall be expended for activities in, or in support of any participating -
city that does not affirmatively further fair housing within -its own jurisdiction or that
impedes the County's actions to comply with its fair housing certification.
E , It is recognized that amendment of the provisions of fhis Agreement may become -
necessary, 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 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.
G. Calculations for determining the number of low- 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
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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.
I. Jurisdictions undertaking activities and/or projects with CDBG funds distributed
under this Agreement retain full civil and criminal liability as though these funds
were locally generated..
J. King County retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act, under which Ding County
may require the local incorporated jurisdiction or contractor to furnish data,
information, and assistance for King County's review and assessment in determining
whether King County must prepare an Environmental Impact Statement.
K. Jurisdictions retain responsibility in fulfilling the requirements of the State
Environmental Policy Act under which King County has review responsibility only.
CITY OF KING COUNTY, WASHINGTON
Signature of Chief Executive Officer
Name and Title (printed)
for Ron Sims, County Executive
Date: Date:
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is
AMENDMENT NO.1
HOME INVESTMENT PARTNERSHIPS PROGRAM
INTERLOCAL COOPERATION AGREEMENT
THIS AMENDMENT to the HOME Investment Partnerships Program Interlocal
Cooperation Agreement dated August 18, 1999 is entered into by and between King
County and the City of , said parties to the Agreement each
being a unit of general local government in the State of Washington.
WITNESSETH:
WHEREAS, King County and the City entered into a HOME Investment
Partnerships Program (HOME) interlocal cooperation agreement (the "Agreement") in
1999 for the purpose of forming a HOME consortium and undertaking HOME Program
housing activities; and
WHEREAS, there is mutual recognition of the need to amend this Agreement to
increase participating cities' representation on the inter jurisdictional Joint
Recommendations Committee:
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Paragraph 10 is deleted and replaced with the following new Paragraph 10:
Joint Recommendations Committee Composition. The Committee shall be
composed of three (3) County representatives and seven (7) cities representatives.
The three County representatives will be King County Executive staff with broad
policy responsibilities, and/or Department Directors, and/or elected representatives
of Unincorporated Area Councils. County representatives shall be specified in
writing and should, where possible, be the same person consistently from meeting
to meeting.
The seven cities representatives will be elected officials, chief administrative
officers, or persons who report directly to the chief administrative officer and who
have broad policy responsibilities, e.g., planning directors, department directors,.
etc. Three of the seven cities representatives will be from the CDBG "Pass-
through" cities and the CDBG "Small" cities, at least one from each group (the
third may be from either). Two of the seven cities representatives shall be rotated
among the CDBG "Joint Agreement" cities of Federal Way, Shoreline;and Renton.
Two of the seven cities representatives shall be rotated among the "HOME -only"
Cities of Auburn, Bellevue and Kent, and these two representatives will vote only
on issues related to the King County HOME Consortium and other regional
housing -related funds (excluding CDBG). For all the rotating positions, each city
will serve two years on and one year off, except that during the first year (2004)
one city in each group will serve a one-year term. Cities not serving in a position in
a certain year may serve as an alternate. The rotation cycles of the two groups will
be coordinated to achieve broad sub -regional representation. (The chart below sets
forth the rotation schedule for the four rotating city representatives.) If any city, in
accordance with HUD instructions, notifies the County of its intent to change its
status at the end of the three-year qualification period, and as a result the number of
CDBG "Joint Agreement" or "HOME -only" cities changes, County staff shall
initiate a timely process to revisit the cities representation on the JRC. -
Joint
2004
2005
2006
2007
2008
Agreement
Federal Way
X
X
X
X
Shoreline
X
X
X
Renton
X
X
X
HOME -only
2004
2005
2006
2007
2008
Kent
X
X
X
X
Auburn
X
X
X
Bellevue
X
X
X
Paragraph 11 is deleted and replaced with the following new Paragraph 11:
Appointments. The King County Executive shall appoint the County
representatives. The CDBG "Pass-through" cities and the CDBG "Small' cities
will provide for the appointment of their shared representatives in a manner to be
determined by those cities through the Suburban Cities Association or other agreed
mechanism for the execution of shared appointing authority. The Suburban Cities
Association or other agreed mechanism will work in coordination with the "Joint
Agreement' and "HOME -only" cities to achieve broad sub -regional representation.
The representatives of the revolving CDBG "Joint Agreement' cities and the
representatives of the revolving "HOME -only" cities shall be appointed by their
respective jurisdictions. Members of the Committee shall serve at the pleasure of
their respective appointing authorities. .
IN WITNESS THEREOF, the parties have executed this Amendment.
King County, Washington, a political City of ,
Subdivision of the State of Washington a municipal corporation of
the State of Washington
By: By:
signature signature
printed name printed name
Title: Title:
Date: Date:
APPROVED AS TO FORM:
Norm Maleng
King County Prosecuting Attorney
Margaret Pahl, King County Prosecuting
Attorney
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For Information only
Please do not sign.
HOME INVESTMENT PARTNERSHIPS PROGRAM
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is entered into between King County, an urban county pursuant to 24
CFR Subpart 92.101 and Subpart 570.3, hereinafter referred to as the "County," and the City of
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
WHEREAS, 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 authorized 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 IN CONSIDERATION_ OF THE MUTUAL PROMISES
CONTAINED HEREIN, IT IS AGREED THAT:
1. This Agreement is made pursuant 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 which are eligible under 24 CFR Part 92.
3. The County is hereby authorized to act as the representative member on behalf of the
Consortium for the purposes of the HOME Program. The County agrees to assume overall
responsibility for ensuring that the Consortium's HOME Program is carried out in compliance
with federal requirements and the housing objectives of the City and the County as adopted in
the Consolidated Housing and Community Development Plan (Consolidated H&CD
Plan).
i
The City agrees to cooperate fully with the County in the development and preparation of the
Consolidated H&CD Plan, and to prepare and provide those elements specifically pertaining
to the City.
4. This Agreement shall remain in full force and, effect for the period necessary to plan and carry
out all activities that will be funded from HOME funds awarded for the 2000, 2001, and 2002
federal fiscal years, the three-year qualification period that coincideswith the Agreement for
the Distribution and Administration. 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 three-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 three-year
qualification periods and provided by the United States Department of Housing and Urban
Development.
5. 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, regardless of whether the urban county
receives a HOME formula allocation.
8. This Agreement shall be executed in three counterparts, each of which 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, shall be
filed by the County with the Region X office of HUD. 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 affirmatively further fair housing.
10. Joint Recommendations Committee Composition. The Committee shall be composed of four
County representatives and five Cities representatives. The four County representatives 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 meeting. Five _participating city
representatives and their alternates will include city planning directors or comparable level
staff, or elected officials. Two city representatives and their alternates 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 shall be
rotated between the. HOME -only Cities of Auburn and Bellevue. 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 Grant).
It. Appointments. The King County Executive shall appoint the County representatives. The
Suburban Cities Association will select eight different jurisdictions, four to serve as members
and four as alternates, which in turn, will assign representatives to this Committee. Terms of
office, shall 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.
12. The Joint Recommendations Committee will adopt HOME program policies, consistent with
the Consolidated H&CD Plan, developed by the City and County staff working group. The
Joint _Recommendations Committee will approve funding decisions. All funding decisions
must be in accord with adopted policies. Once the policies are adopted, the City, as a
representative member of the Consortium, shall also have the right to comment on any
program changes prior to their implementation by the County.
13. The chairperson and vice -chairperson of the Joint Recommendations Committee shall be
chosen from 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.
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.
15. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance
activities that are the subject of this Agreement. The City and the County shall cooperate
in
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3
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. This 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
KING COUNTY, WASHINGTON
Signature of Chief Executive Officer for Ron Sims, County Executive
Name and Title (printed)
Date:
Date:
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Attachment 2
■
CITY OF
Federal Way
MEMORANDUM
DATE: June 8, 2004
TO: Human Services Commission .
FROM: Kelli O'Donnell, CDBG Coordinato
SUBJECT: . Amendments to the Interlocal Agr ments for HOME and CDBG
Background:
The City of Federal Way is a member of the King County CDBG and HOME
Consortiums that are administered by King County. The recommending body of the
Consortiums is the Joint Recommendation Committee (JRC). As was reported at the
November 7, 2003, Human Services Commission meeting (Attachment 1), staff from
King County and the cities in the King County Community DevelopmentBlock Grant
(CDBG) consortium agreed to make changes to the composition of the Joint
Recommendation Committee to increase the representation by participating cities.
These changes were implemented in February of 2004 and Council Member Jeanne
Burbidge has been serving on the JRC representing the Joint Agreement cities.
Attachment 2 includes the existing interlocal agreements with the proposed
amendments.
Staff Recommendation:
Staff recommends adoption of the amendments to the Community Development Block
Grant Joint Agreement and HOME Investment Partnerships Program Interlocal
Cooperation Agreement for the purpose of changing the composition of the Joint
Recommendations Committee.
Proposed Motion:
1 move to recommend that the City Council authorize the City Manager to execute the
proposed amendments to the Community Development Block Grant Joint Agreement
and HOME Investment Partnerships Program Interlocal Cooperation Agreement
(Federal Way AG#99-145) for the purpose of changing the composition of the Joint
Recommendations Committee.
Please contact me at (253) 6614153 or kellio@fedway.org if you have any questions
regarding this item.
40k
CITY Of
Federal Way
MEMORANDUM
DATE: November 7, 2003
TO: Human Services Commission
FROM: Kelli O'Donnell, CDBG Coordinat4ve_A
SUBJECT:- Composition of the Joint Recommendation Committee
Staff from King County and the cities in the King County Community Development Block Grant
(CDBG) consortium have been meeting since the fall of 2002. The purpose of the meetings were to
review the CDBG program see if changes could be made to keep the administrative costs at a
reasonable level. In 2003, the annual CDBG allocation for the King County consortium increased by
12%. The Human Services Commission was updated on potential changes to the HOME and CDBG
programs to keep administrative costs by King County from rising. These changes are outlined in the
attached May 13, 2003, memorandum to the Human Services Commission.
Composition of the Joint Recommendation Committee:
During discussion of potential changes to the program, the issue of the composition of the .Joint
Recommendation Committee (JRC) was re -opened due to the withdrawal of. Kent from the CDBG
Consortium.
The JRC currently consists of four County representatives and five participating city representatives.
The five participating city representatives must have two from the north/east region of the County .and
two city representatives from the south region of the County. The remaining city representative
position on the JRC is rotated between the HOME -only cities of Auburn and Bellevue. The HOME -
only position is excluded from voting on Community Development Block Grant (CDBG), since they
are not part of the CDBG Consortium.
Since Kent was no longer part of the CDBG Consortium, the composition of the JRC needed to be
amended. With the addition of Kent as a HOME -only city, Bellevue did not wish to have a three-year
rotation to sit on the JRC. The cities of Federal Way, Renton, and Shoreline (Joint Agreement cities)
did not feel it was representative to have the positions on the JRC increased for the HOME -only cities
without equity for the entitlement cities that were remaining in the CDBG Consortium. After lengthy
discussion amongst participating cities and King County, the composition of the JRC was revised
based on the low- and moderate -income residents in the County with seats designated to HOME -only
cities and Joint Agreement cities based upon their proportionate share of low- and moderate -income
residents. The rotation schedules below were coordinated to provide subregional representation
from the north and east. Consensus has been reached amongst county and city staff on the
following:
➢ 3 County representatives appointed by Executive (previously 5)
➢ 3 representatives of regular CDBG & HOME Consortium, appointed by SCA. At least one of
the appointments must be a pass-through city and one a small city, and the remaining one can
be either. SCA will consider subregional balance when making appointments.
➢ 2 representatives of CDBG Joint Agreement/HOME cities, to be rotated on the following
schedule.
� __? Q
\ 'L.—O
➢ 2 representatives of HOME -only cities, to be rotated on the following schedule
Cities not serving in a Joint Agreement or HOME -Only position in a certain year will act as the
alternate for their respective position.
Joint Recommendation Committee Duties:
The JRC is the recommending body to the Metropolitan King County Council with the following
duties:
Community Development Block Grant Consortium:
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
setaside, priorities governing the use of the public services setaside, and projects or
programs to be funded with the program income from 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
responsibilities 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 from losing a share of its entitlement due to participating cities' inability to
meet federal requirements.
5. 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 from the remainder of any new Pass-
through City's funds if that new Pass-through City chooses to take only a partial pass-
through as provided in Section II.C.4. above.
i -2-5i
Joint Agree ent JRC Position 1 s Joint Agreement JRC Position 2
Federal Way
2004/2005
2010/2011 2016/201 ; 2007/2008
2013/2014
2019/2020
2013/2014
.2019/2020
7
Shoreline
2006/2007
2012/2013 2018/201 ; 2004
2009/2010
2015/2016
2012/2013
2018/201. 102004
9 s
'2015/2016
Renton
2008/2009
2014/2015 2020/202 2005/2006
2011/2012
2017/2018
Bellevue
2008/2009
1
2020/202 ON 2005/2006
2011/2012
Cities not serving in a Joint Agreement or HOME -Only position in a certain year will act as the
alternate for their respective position.
Joint Recommendation Committee Duties:
The JRC is the recommending body to the Metropolitan King County Council with the following
duties:
Community Development Block Grant Consortium:
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
setaside, priorities governing the use of the public services setaside, and projects or
programs to be funded with the program income from 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
responsibilities 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 from losing a share of its entitlement due to participating cities' inability to
meet federal requirements.
5. 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 from the remainder of any new Pass-
through City's funds if that new Pass-through City chooses to take only a partial pass-
through as provided in Section II.C.4. above.
i -2-5i
HOME-Onl JRC Position
1 P HOME-OnI JRC Position 2
Kent
2004/2005
2010/2011
2016/201 2007/2008
2013/2014
.2019/2020
7
Auburn
2006/2007
2012/2013
2018/201. 102004
2009/2010
'2015/2016
9 i
Bellevue
2008/2009
2014/2015
2020/202 ON 2005/2006
2011/2012
2017/2018
1
Cities not serving in a Joint Agreement or HOME -Only position in a certain year will act as the
alternate for their respective position.
Joint Recommendation Committee Duties:
The JRC is the recommending body to the Metropolitan King County Council with the following
duties:
Community Development Block Grant Consortium:
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
setaside, priorities governing the use of the public services setaside, and projects or
programs to be funded with the program income from 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
responsibilities 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 from losing a share of its entitlement due to participating cities' inability to
meet federal requirements.
5. 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 from the remainder of any new Pass-
through City's funds if that new Pass-through City chooses to take only a partial pass-
through as provided in Section II.C.4. above.
i -2-5i
HOME Consortium Duties:
1. The Joint Recommendations Committee will adopt HOME program policies, consistent
with the Consolidated H&CD Plan, developed by the City and County staff working
group. The Joint Recommendations Committee will approve funding decisions. All
funding decisions must be in accord with adopted policies. Once the policies are
adopted, the City, as a representative member of the Consortium, shall also have the
right to comment on any program changes prior to their implementation by the County.
Regional Affordable Housing Program Duties:
1. The JRC shall be the body that reviews and adopts annual RAHP fund allocations and
related allocation polices, consistent with the King County Council -adopted -RAHP
Guidelines, the Consolidated Housing and Community Development Plans of the King
County Consortium and the City of Seattle, and other local housing plans, as
applicable. The membership of the JRC, as authorized by the CDBG and HOME
Agreements, and as defined herein, shall be expanded to include an appointment
from the City of Seattle. The Seattle JRC representative will attend meetings that
concern the SHB 2060 fund and will be entitled to vote solely on SHB 2060 issues and
not on other King County Consortium matters coming before the JRC. The Seattle
representative shall be an elected official, department director or comparable level
staff.
December Meeting of the Joint Recommendation Committee:
The- changes to the membership of the JRC.and the changes to the CDBG program in the attached
memorandum will be accomplished by amendments to the CDBG Joint Agreement and the HOME
Interlocal Agreement. King County is expected to forward these agreements to the participating cities
in the near future for consideration.
The Joint Recommendation Committee will be considering the first allocations of the Regional
Affordable Housing Program (HB 2060) funds at their December 4 meeting_ Cities have been asked
to make the new appointments to JRC positions now so that the new positions can give input into this
funding decision. Staff will be working with the City Manager to fill Federal Way's position on the
JRC.
Please contact me at (253) 661-4153 or kellio@fedway.org if you have any questions regarding the
report or any CDBG projects or programs.
7:Z
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date: July 12, 2004
To: PRHSPS Council Committee
From: Mary Faber, ion and Cultural Services Superintendent
Via: David Mo a anager
Subject: Community Ce ter -2% for Art Conceptual Artwork Proposal, Themes and
Concepts
Background:
On May 18, 2004 Council approved the Community Center 2% for Art selection of the Exterior Artist,
Interior Artist and Artist Made Building Parts Program management. The Artist selected for the Exterior
artwork program is Bruce Meyers, the Interior Artist and manager of the Artist Made Building Parts
Program is Laura Sindell.
Conceptual Artwork Proposal Research and Development:
Project Budget: $114, 500
The Artists made visits to the Project site to identify important aspects of the built and cultural
environment. They took steps to ensure a good working understanding of the project site, the goals and
mission of the Center, program plans, Federal Way population demographics, cultural history and facility
constituents.
The Artists conducted independent research to develop concepts and opportunities for the integration of
artwork, and they discussed these concepts with the design team, City representatives and the Art
Coordinator.
The Artists have attended design charrettes along with introduction and coordination meetings. The
purpose of these meetings was to brainstorm art ideas with the design team consultants and other project
staff and to familiarize the Artists with the project opportunities and constraints.
Following the first series of meetings, the Artist developed preliminary ideas for artworks and presented
those ideas to the design team consultants, City staff and Art Coordinator for input and prioritization.
Following this work session of preliminary ideas and designs, and based on the recommendations
received, the Artists developed primary idea(s) into a conceptual artwork proposal.
The Conceptual Artwork Proposals outline themes and concepts inspiring the artists. They call out
material choices and a prioritized list of artwork opportunities and locations.
Exterior Artwork Conceptual Ideas
1. The paved drop-off areas at the Center's entrance'
• Utilize a combination of pebble mosaic, boulders and integral concrete pavers in a raindrop
circular pattern.
2. Water feature
Sculptural series of boulders with flowing water and rill. The water shall be
touchable, a gentle, flowing water near integrated seating.
1
3. Landscape planting areas
• Green the entry experience by bringing plantings found in the forest to the entrance. Create a
pleasant pedestrian and park -like transition from the asphalt parking lot into the entrance.
Interior Artwork Proposal/Artist Made Building Parts Program
Interpret the theme "Tying living things together" through rhythms of color, pattern, and multi -media art
materials.
A. Interior Artwork Proposal
Project Budget: $90,000
1. Front entrance glass wall. Can be seen from outside as colorful beacon, identifying the
entrance, view from most lobby areas within, from pool area and the Forest Room.
2. Glass at the top of the Cultural Gallery, will cast color and create interest from long view
down hallway. Tie the two community areas together and create another surprise point of
beauty and interest.
3. Influence concrete floor choices of color, pattern, and inlays to compliment the exterior and
interior artwork themes and materials.
B. Artist Made Building Parts Program
Project Budget: $30,000
1. The fireplace in the Forest Room. Artist will design the hearth, fireplace mantle and wall.
Cafe Tables.
2. Artist designed cafe table gallery. Colorful art tables with drawers for displaying rotating
collections. The table gallery might feature stories, games, travel photos, memories from
homeland's and collections of all types.
Arts Commission Recommendation
The Arts Commission unanimously voted to approve the 2% for Community Center Artwork Proposal,
Themes and Concepts and forward to City Council for authorization to proceed.
A presentation of additional information, themes and concepts will occur at the Council Committee
meeting.
Committee Recommendation:
Motion to recommend a "do pass" to approve the 2% for Art Community Center conceptual artwork
proposal, and authorize artists to move. forward into final design and place before City Council on July
20, 2004 for approval.
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b ---L
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date: July 12, 2004
To: PRHSPS Council Committee
From: Mary Faber, Recreation and Cultural Services Superintendent
Rob Ettinger, Dumas Bay Centre Coordinator
Via: David MolManager
Subject: Dumas Bay tre Landscaping Services
Background:
On May 12, 2004 the Dumas Bay Centre issued a Request For Quotes for Landscaping
Services. Bid packets were sent to twenty companies from the small works roster. We
had four responses to this Request for Quotes. Staff recommends accepting the low bid
and awarding Trugreen Landcare, LLC the contract. The total amount of compensation
for this contract is $39,931.06 for a twenty-seven month contract term.
Bid Summary
Request for Quote's was received from the following companies and the results are as
follows:
Committee Recommendation:
Motion to recommend to Council a "do pass" to authorize staff to accept the bid from
Trugreen Landcare LLC for landscaping services at the Dumas Bay Centre and place
before City Council on July 20, 2004 for approval.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
C-1
Yearly
Additional
Maintenance
Services
Cost
per Hour
Cost
Blue Sky
$25,569.00
$38.00
Landscaping
Meyers Master
$19,400
$37.50
Lawncare
Trugreen
$15,440
$38
Landcare
No Response
No
The Greenery
Response
Committee Recommendation:
Motion to recommend to Council a "do pass" to authorize staff to accept the bid from
Trugreen Landcare LLC for landscaping services at the Dumas Bay Centre and place
before City Council on July 20, 2004 for approval.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
C-1
MAINTENANCE/LABOR AGREEMENT
FOR
TRU-GREEN LANDCARE, LLC
This Maintenance/Labor Agreement ("Agreement") is dated effective this 1st day of August,
2004. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington
municipal corporation ("City"), and Tru -Green Landcare, LLC, a Washington corporation
("Contractor").
A. The City seeks the professional services of a skilled independent contractor capable of
working without direct supervision, in the capacity of park landscape maintenance at Dumas
Bay Center, located at 3200 S.W. Dash Point Road, Federal Way, Washington; and
B. The Contractor has the requisite skill and experience necessary to provide such services.
NOW, THEREFORE, the Parties agree as follows:
Services_
1.1 Scone of Work. Contractor shall provide the services more specifically described in
Exhibit "A" attached hereto and incorporated by this reference ("Services"), in a manner
consistent with the accepted practices for other similar services, performed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the
City Manager or his or her designee.
1.2 Additional Services. The City may elect to have the Contractor perform additional
work or services, in connection with this project. The Contractor shall not proceed with the
Additional Services until so authorized in writing by the City. Payment for all Additional
Services performed under this Agreement shall be as outlined below in Paragraph 4.1(ii). If
the Additional Services should be requested by the City, such request shall be evidencedby a
written amendment signed by the City authorizing the Additional Services, and signed by the
Contractor accepting the Additional Services, according to the terms of the amendment.
2. Term.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than November
30, 2006 ("Term"). This Agreement may be extended for additional periods of time upon the
mutual written agreement of the City and the Contractor.
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C -Z
3. Termination.
Prior to the expiration of the Term, this Agreement may be terminated immediately with or
without cause by the City.
4. Compensation.
4.1 Total Compensation. In consideration of the Contractor performing the Services, the
City agrees to pay the Contractor an amount not to exceed the sum of the following items
more specifically described in Exhibit `B"attached herto and incorporated by this reference
("Compensation"):
(i) Contractor's Fee. An amount equal to the sum of Thirty Six
Thousand Nine Hundred Thirty One Dollars and six cents
(36,931.06). This amount includes all applicable 8.6% sales tax.
(ii) Additional Services Compensation. In consideration of the
Contractor performing the Additional Services described in Exhibit A
and B attached hereto and incorporated by this reference, the City
agrees to pay the Contractor an amount not to exceed Three Thousand
and no/100 Dollars ($3,000.00) calculated on the basis of an hourly
labor charge of $38.00 per hour plus all applicable sales tax of 8.6%.
4.2 Method of Pa r}� ient. Payment by the City for the Services,will only be made
after the Services have been performed, a voucher or invoice is submitted in the form
specified by the City, which invoice shall specifically describe the Services performed, the
name of Contractor's personnel performing such Services, the hourly labor charge rate for
such personnel, and the same is approved by the appropriate City representative. Payment
shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice.
4.3 Contractor Responsible for Taxes. Except as otherwise provided in Section
4.1 hereof, the Contractor shall be solely responsible for the payment of any taxes imposed
by any lawful jurisdiction as a result of the performance and payment of this Agreement.
5. Compliance with Laws.
Contractor shall comply with and perform the Services in accordance with all applicable
federal, state, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or amended.
6. Warran
6.1 Requisite 'Skill. The Contractor warrants that it has the requisite training, skill
and experience necessary to provide the Services and is appropriately accredited and licensed
by all applicable agencies and governmental entities, including but not limited to being
- 2 -
registered to do business in the City of Federal Way by obtaining a City of Federal Way
business registration.
6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct
all Services performed which the City deems to have defects in workmanship and material
discovered within one (1) year after the City's final acceptance of the Services.
7. Independent Contractor/Conflict of Interest. It is the intention and understanding of
the Parties that the Contractor shall be an independent contractor and that the City shall be
neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of
employment, nor to pay any social security or other tax which may arise as an incident of
employment. The Contractor shall pay all income and other taxes as due. Industrial or any
other insurance, which is purchased for the benefit of the City, regardless of whether such
may provide a secondary or incidental benefit to the Contractor, shall not be deemed to
convert this Agreement to an employment contract. It is recognized that Contractor may or
will be performing professional services during the Term for other parties; provided,
however, that such performance of other services shall not conflict with or interfere with
Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts
of interest in favor of the City.
8. Indemnification.
8.1 Contractor Indemnification. The Contractor agrees to indemnify and,hold the
City, its elected officials, officers, employees, agents, and volunteers harmless from any and
all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or
by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this Agreement
to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners,
shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor
waives any immunity that may be granted to it under the Washington State Industrial
Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or benefits payable to or by any
third party under workers' compensation acts, disability benefit acts or any other benefits acts
or programs.
8.2 City Indemnification. The City agrees to indemnify and hold the Contractor, its
officers, directors, shareholders, partners, employees, and agents harmless from any and all
claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by
any and all persons or entities, including without limitation, their respective agents, licensees,
or representatives, arising from, resulting from or connected with this Agreement to the
extent solely caused by the negligent acts, errors, or omissions of the City, its employees or
agents.
8.3 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
9. Equal Opportunity Em In all Contractor services, programs or activities, and
all Contractor hiring and employment made possible by or resulting from this Agreement,
there shall be no discrimination by Contractor or by Contractor's employees, agents,
subcontractors or representatives against any person because of sex, age (except minimum
age and retirement provisions), race, color, creed, national origin, marital status or the
presence of any disability, including sensory, mental or physical handicaps, unless based
upon a bona fide occupational qualification in relationship to hiring and employment. This
requirement shall apply, but not be limited to the following: employment, advertising, layoff
or termination, rates of payor other forms of compensation, and selection for training,
including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60
RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act,
Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local
law or regulation regarding non-discrimination. Any material violation of this provision
shall be grounds for termination of this Agreement by the City and, in the case of the
Contractor's breach, may result in ineligibility for further City agreements.
10. Confidentiality. All information regarding the City obtained by Contractor in
.performance of this Agreement shall be considered confidential. Breach of confidentiality by
Contractor will be grounds for immediate termination.
11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in
such forms and with such carriers who have a rating, which is satisfactory to the City:
11.1 Workers' compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
.11.2 Commercial general liability insurance with combined single limits of
liability not less than $2,000,000 for bodily injury, including personal injury or death,
products liability and property damage.
11.3 Automobile liability insurance with combined single limits of liability not
less than $2,000,000 for bodily injury, including personal injury or death and property
damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverages. Contractor shall provide certificates of
insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at
City's request, furnish the City with copies of all insurance policies and with evidence of
payment of premiums or fees of such policies. All insurance policies shall contain a clause
of endorsement providing that they may not be terminated or materially amended during the
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C-:75
Term of this Agreement, except after thirty (30) days prior written notice to the City. If
Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be
required to maintain tail coverage for a minimum period of three (3) years from the date this
Agreement is actually terminated. Contractor's failure to maintain such insurance policies
shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
12. Work Product. All originals and copies of work product, including plans, sketches,
layouts, designs, design specifications, records, files, computer disks, magnetic media or
material which may be produced or modified by Contractor while performing the Services
shall belong to the City. At the termination or cancellation of this Agreement, all originals
and copies of any such work product remaining in the possession of Contractor shall be
delivered to the City.
13. Books and Records. The Contractor agrees to maintain books, records, and documents
which sufficiently and properly reflect all direct and indirect costs related to the performance
of the Services and maintain such accounting procedures and practices as may be deemed
necessary by the City to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable times, to inspection, review or
audit by the City, its authorized representative, the State Auditor, or other governmental
officials authorized by law to monitor this Agreement.
14. Safety. Contractor shall take all necessary precautions for the safety of employees on
the work site and shall'comply with all applicable provisions of federal, state and municipal
safety and health laws and codes, including without limitation, all OSHA/WISHA
requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC),
General Safety and Health Standards (Chapter 296-24 WAC), and General -Occupational
Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at
all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at
or near the site for the protection of its employees and the public, safe passageways at all
road crossings, crosswalks, street intersections, post danger signs warning against known or
unusual hazards and do all other things necessary to prevent accident or loss of any kind.
Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits,
and all hydrants and all other property that is likely to become displaced or damaged by the
performance of the Services. The Contractor shall, at its own expense, secure and maintain a
safe storage place for its materials and equipment and is solely responsible for the same.
15. Prevailing Wages
15.1 Wages of Employees. This Agreement is subject to the minimum wage
requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or
hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to
- 5 -
be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not
pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation
in the locality within the State of Washington where such labor is performed, as determined
by the Industrial Statistician of the Department of Labor and Industries of the State of
Washington, which current "prevailing rates of wage" are attached hereto as Exhibit C and
incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement
shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or
quotes were required to be submitted to the City.
15.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter
amended, the City agrees to pay any increase in the current prevailing wages if and when this
Contract is extended provided that the term of the Contract exceeds one year. The city
further agrees to pay the current prevailing wages at the time of additional yearly extensions,
and the Contractor agrees to pay its employees the increased prevailing wage.
15.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter
39.12 RCW, and as required in this Agreement do not apply to:
a. Sole owners and their spouses;
b. Any partner who owns at least 30% of a partnership;
C. The President, Vice President and Treasurer. of a corporation if each one
owns at least 30% of the corporation.
15.4 Reporting Requirements. Contractor shall comply with all reporting
requirements of the Department of Labor and Industries of the State of Washington. Upon
the execution of this Agreement, Contractor shall complete and file a Statement of Intent to
Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the
Services, Contractor shall complete and file an Affidavit of Wages Paid with the Department
of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to
Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor
and Industries, to the City.
15.5 Disputes. In the event any dispute arises as to what are the prevailing rates of
wages for work of a similar nature and such dispute cannot be resolved by the City and the
Contractor, the matter shall be referred for arbitration to the Director of the Department of
Labor and Industries of the State of Washington and the decision therein shall be final and
conclusive and binding on all parties involved in the dispute.
- 6 -
16. Clean Up. At any time ordered by the City and immediately after completion of the
Services, the Contractor, shall, at its own expense, clean up and remove all refuse and unused
materials of any kind resulting from the Services. In the event the Contractor fails to perform
the necessary clean up, the City may, but in no event is it obligated to, perform the necessary
clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or
the City may deduct its costs from any remaining payments due to the Contractor.
17. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City will not be obligated to
make payments for Services or amounts incurred after the end of the current fiscal period,
and this Agreement will terminate upon the completion of all remaining Services for which
funds are allocated. No penalty or expense shall accrue to the City in the event this provision
applies.
18. General Provisions.
18.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
18.2 Modification. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
18.3 Full Force and Effect. Any provision of this Agreement which is declared
invalid or illegal shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
18.4 Assignment. Neither the Contractor nor the City shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
18.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
18.6 Attorney Fees. In the event either of the Parties 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, each Party shall pay all its own attorneys' fees,
costs and expenses. The venue for any dispute related to this Agreement shall be King
County, Washington.
18.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to
- 7 -
C4
declare one breach or default does not act as a waiver of the City's right to declare another
breach or default.
18.8 Governing Law. This Agreement shall be made in and shall be governed by
and interpreted in accordance with the laws of the State of Washington.
18.9 Authority. Each individual executing this Agreement on behalf of the City
and Contractor represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Contractor or the City.
18.10 Notices. Any notices required to be given by the Parties shall be delivered at
the addresses set forth below. Any notices may be delivered personally to the addressee of
the notice or maybe deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the. United States mail shall be deemed received three
(3) days after the date of mailing.
18.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect any of the provisions of this Agreement:
18.12 Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Contractor's performance of this Agreement.
18.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
18.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
18.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution
No. 91-54, as amended, occurs as a result of the formation and/or performance of this
Agreement, this Agreement may be rendered null and void, at the City's option.
- 8 -
L11
DATED the day and year set forth above.
CITY OF FEDERAL WAY
BY:
David H. Moseley, City Manager
33530 1st Way South
PO Box 9718
Federal Way, WA 98063-9718
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
CONTRACTOR
(Signature)
Tom DiMeco,
16075 SW UPPER BOONEs FERRY ROAD
TIGARD, OR 97224-7733
Its: Region Manger
STATE OF WASHINGTON )
) ss.
COUNTY OF 1
On this day personally appeared before me , to me known to be the
of 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
- 9 -
C -ID
was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
GIVEN my hand and official seal this day of 5200. _
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
- 10 -
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ATTACHMENT "B"
2004 DUMAS BAY CENTRE GROUNDS MAINTENANCE COSTS
BID SHEET
MONTH
SERVICES PER
MONTH
COST PER
SERVICE
TOTAL COST OF
MAINTENANCE PER
MONTH
January
1
X
69.45
=
69.45
February
7
X
$23.15
=
162.05
March
12
X
94.08
=
1,128.96
April
20
X
80.73
1,614.60
May
27
X
88.96
=
2,401.92
June
27
X
78.40
=
2,116.80
July
22
X
79.83
=
1,756.26
August
27
X
88.63
=
2,393.01
September
21
X
73'22
=
1,537.62
October
14
X
76.63
=
1,072.83
November
15
X
74.47
=
1,117.05
December
1
X
69.45
=
69.45
Maximum Annual
Cost
194
X
79.59
15,440.00
*Additional
services per hour
$ 38_Per hour
* Additional services shall be performed only with written notification from contract
administrator
*Project costs shall be based on the number of services (e.g. mowing, trimming, weeding etc.)
provided for each month, the same unit cost is applied equally to all items of work.
* All items of work task must be completed with any given month in order to receive full
payment for that month. No items will be carried forward to the following month. If item is not
completed by the end of the month, payment for that item will be forfeited.
*All prices include Washington State sales tax
L -I3
MAINTENANCE SPECIFICATIONS — Attachment D
TURF
Turf areas to be maintained include medians, parks and mow strips along paths. All turf shall be mowed to
a height of 1-'/Z inches. Collection of grass clippings is required.
All turf around posts, fences, trees, closure boxes, vaults, valve boxes and other obstructions shall be
maintained using mechanical and/or pre -emergent and post -emergent methods.
All turf area shall be edged at sidewalks, curbs and landscape beds on a schedule specified in the Annual
Maintenance Standards. Extreme caution should be used to prevent chipping of concrete structures by
edging equipment, and use proper guards for public safety.
All formal turf areas shall be fertilized with an approved fertilizer on a schedule specified in the Annual
Maintenance Standards. Total application of turf fertilizer shall be applied at the rate of four pounds of
nitrogen per 1,000 square feet or turf per year: March, June and August* shall be slow release 3-1-2 ratio
fertilizer with iron.
Trees, Shrubs and Ground Cover Beds
Beds areas shall be kept in a weed free condition. All beds shall be weeded by
mechanical and/or chemical means. The City reserves the right to limit the use of
specific herbicides and/or applications of said herbicides. Casaron shall be used only
with the approval of the Contract Administrator and only in very limited areas.
Applications will be applied according to label instructions.
Ground cover shall be edged 4 to 6 inches behind all sidewalks, curbs, fences and edges of landscape beds.
Shrubs shall be trimmed or sheared to maintain desired shape and function as needed to provide a neat,
trimmed or sheared to maintain desired shape and function as needed to provide a neat, trim appearance.
Special attention shall be made to all park entries.
Trees shall be pruned to remove singular broken branches or perform minor clearance pruning. Minimum
clearance height for tree branches is fourteen (14) feet above the paved surface of the street or parking lots
and eight (8) feet over the surface of a public sidewalk or pedestrian path.
Tree suckers and volunteer seedlings shall be removed as necessary.
Singular branches, which are hanging below the overall tree canopy and are in
impediment to pedestrian traffic or maintenance activities, may be pruned back to the first
lateral.
Trees which require minor clearance pruning shall be pruned to the closest lateral or, if
such pruning will result in the stubbing the branch, prune branch flush with tree trunk.
Maintenance Specifications
1. The Contractor will furnish all labor, tools, specialized equipment, materials, disposal of waste material
generated by the work, supervision and transportation to perform landscape maintenance services as
specifically outline in the Annual Maintenance Standards.
2. All fieldwork shall be performed under the supervision of a qualified horticulturist. Operators will be
licensed for all functions, including pesticide, fertilizer, and herbicide application, and flagging card when
required.
3. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington
State regulations and practices with respect to work performed for the City of Federal Way.
4. The Contractor's personnel will conduct themselves on site in a professional manner at all times.
5. Each employee will wear or display the company's name and/or logo.
6. The Contract Administrator or appointed designee will inspect work performed by the Contractor on a
regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the
- 12 -
Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify
the deficiency within 48 hours, or hold payment.
7. Equipment intensive work such as mowing, edging and blowing done at this site shall not commence before
7:00 a.m. and end on 8:00 p.m. on weekdays, (weekend work not allowed without prior approval) and it is
advisable that mowing be performed during non -peak park use. All equipment intensive work
preformed at Dumas Bay Centre must be coordinated with Conference Coordinator
so that it will not disturb events inside the building.
8. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way
Parks Department, (253) 6614055. After hours emergencies should be reported to the Police/Fire
Communications Center - 911.
9. Hazardous conditions' shall be immediately remedied or secured to prevent further damage and/or protect
public from injury. It is the Contractor's responsibility to provide close supervision of maintenance
operations and management of the site.
Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator
within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the
Contractor describing the incident or accident.
The Contractor, at his or her expense; will remedy any damage to City structures, irrigation heads or plant
material due to Contractor negligence in a timely manner.
Ornamental trees, which have been allowed to grow branches to or near the ground, are to
be vegetation free 12 to 18 inches around the perimeter of the lowest branches. The
Contractor shall be responsible for notifying the Contract Administrator of any significant
tree hazards including, but not limited to: dead native and ornamental trees, broken limbs,
disease and insect infestations.
Hard Surfaces
Sidewalks, curbs, and other hard surfaces shall be kept free of leaves, litter and debris. The use of power
blowers is acceptable, however, accumulations of debris must be removed from the site and legally disposed
of and not blown onto adjacent property or onto adjacent street surfaces.
All vegetation in sidewalks, curbs and other hard surfaces shall receive an approved vegetation eliminator
application and be removed at the next site visit. In no case shall any pre or post -emergent herbicides with
residual characteristics (i.e. Casaron) be used in these areas.
Other Services
All litter, debris and animal feces shall be removed from turf, beds and hard surface areas. Litter shall be
removed from the site for disposal by the Contractor. Garbage cans will be emptied to an approved
dumping station or City provided dumpster at each visit. Each can will have a new liner installed.
Windfall branches shall be removed from all areas for disposal by the Contractor. Wind fallen trees are not
included in the contract. Leaves, needles, cones and other vegetative material shall be removed from all
formal areas.
Additional Site Specification
DUMAS BAY CENTRE
10. Previously maintained trees and brush along the west bluff shall be trimmed to maintain an open view
corridor. This will be accomplished by maintaining the vegetative growth at 3' to 4' above the top edge of
the bluff.
11. Special attention given to entries and courtyards for appearance to include but not limited to: weeding,
blowing, pruning, hedges trimmed and litter control.
12. Pines trimmed bonsai style are not included in base scope of services
13. Wipe down picnic tables and interpretive signage at each site visit.
- 13 -
LUIS
14. Due to overnight retreats and day meetings, all noise related activities must be scheduled with Contract
Administrator prior maintenance activity.
- 14 -
City of Federal Way'
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date: July 6, 2004
To: PRHSPS Council Coinmittee
Via: David Mw'1 1 ager
From: B Sanders, Par Tanning & Development Coordinator *5
Subject: Armstrong Park: 100% Design Approval and Authorization to Bid and
Award Project
Background:
The Armstrong project includes development of a neighborhood park that will include an
extension of the BPA trail, a playground, and open play fields. Four parking spaces will be
provided on 15`h Avenue SW. A pedestrian safety refuge island will be provided on S 356"' Street
for those crossing over from Phase III of the BPA Trail. Other than these improvements, the site
will remain in its existing condition, which includes extensive wetland and wetland buffer.
The approved budget for design and construction of this project is $375,000. Design costs are
approximately $88,000. The Council reviewed preliminary plans for the project on February 17,
2004, and approved 85% design in May 2006. Preliminary design and construction costs are
estimated at $382,906. In order to stay within the total project budget, the bid package will be
structured with bid alternates.
Cost Estimate:
Construction—Year 2004 (Estimate) $242,235
12% Construction Contingency $ 29,068
8.8% Sales Tax $ 23,603
Total Construction Costs $294,906
Design $ 88,000
Total Project Costs: $382,906
Potential Bid Alternates to Reduce Costs:
Site Furnishings $8,000
Staff Recommendation: Staff recommends placing the following items on the August 10, 2004
Council Consent Agenda:
1. Approve the 100% design plans for Thompson Park
2. Authorize staff to advertise the project for bid, and to award the project to the lowest
responsive, responsible bidder. This authorization is based on receiving favorable land
use and SEPA approvals, and is contingent upon bid award up to the approved budget
amounts.
APPROVAL OF COMMITTEE.REPORT:.
Committee Chair Committee Member Committee,:Member
i )-1
City of Federal Way
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date: July 6, 2004
To: PRHSPS Council C mittee
Via: David MflPark
i an ger
From: B Sander,lanning & Development Coordinator ?A6
Subject: Thompson Park: 100% Design Approval and Authorization to Bid and
Award Project
Background:
The 2.8acre property will be developed as a neighborhood park, with a paved walking path, small
basketball court, and children's play areas. Landscaping, irrigation, and drainage will be
provided. Grading will be performed along the south edge to improve views in from the street.
The approved budget for design and construction of this project is $350,000. The Council
reviewed preliminary plans for the project on February 17, 2004, and approved 85% design in
May 2004. Preliminary costs are estimated at $387,201. In order to stay within the total
project budget, the bid package will be structured with bid alternates.
Cost Estimate:
Construction—Year 2004 (Estimate) $266,298
12% Construction Contingency $ 31,956
8.8% Sales Tax $ 25,948
Total Construction Costs $324,201
Design $ 63,000
Total Project Costs $387,201
Potential Bid Alternates to reduce cost:
1. Site Furnishings $17,190
2. Portion of Trail $31,500
Total Bid Alternates $48,690
Staff Recommendation: Staff recommends placing the following item on the August 10,
2004 Council Consent Agenda:
1. Approve the 100% design plans for Thompson Park.
2. Authorize. staff to advertise the project and to award the project to the lowest
responsive, responsible bidder. This authorization to bid is based on receiving
favorable land use and SEPA approvals, and is contingent upon bid award up to the
approved budget amounts.
APPROVAL OF COMMITTEE: REPORT:,
'Committee Chair.. Committee Member Committee: Member
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, WAIVING SECTION 7(B)
OF THE CITY OF FEDERAL WAY PURCHASING POLICIES
FOR PURPOSES OF DEVELOPMENT OF THOMPSON AND
ARMSTRONG PARK SITES.
WHEREAS, the City Council approved 85% design as presented for the Thompson and
Armstrong Neighborhood Parks on May 3, 2004; and
WHEREAS, the Thompson property received partial CDBG funding for playground
equipment, which must be spent no later than December 31, 2004; and
WHEREAS, the desire of the neighborhoods is to complete these projects in 2004; and
WHEREAS, the land use applications are pending in the Department of Community
Development; and
WHEREAS, environmental review of the projects is pending; and
WHEREAS, construction in the wetlands buffer area must be completed no later than
October 1, 2004 and cannot commence until Summer of 2005; and
WHEREAS, the City anticipates these two contracts will be over $20,000; and
Res. # , Page 1
WHEREAS, Section 7(b) of the City's purchasing policies require that contracts over
$20;000 be approved by the City Council; and
WHEREAS, the City Council approval process can take up to a month due to Council and
Committee meeting schedules; and
WHEREAS, Council approval could cause delay in the completion of.work in the wetlands
buffer area before the October 1 S` deadline; and
WHEREAS, all other Purchasing Policies and applicable state laws, such as competitive
bidding requirements, will remain in effect; and
WHEREAS, the City Council has determined that it is in the public interest to waive Section
7(b) of the City of Federal Way Purchasing Policies for purposes of the Thompson and Armstrong
Park Sites;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Section 7(b) of the City of Federal Way Purchasing Policies is waived for
purposes of the Thompson and Armstrong Park Sites,
Section 2. Severability. The City Council of the City of Federal Way hereby authorizes
advertisement for bid and bid award up to the approved budget amounts, subject to land use and
environmental approval.
Res. # , Page 2
C —3
Section 3. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 4. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of )2004.
CITY OF FEDERAL WAY
MAYOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
Res. # , Page 3
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K:/Resolution/7(b) Reso
Res. # , Page 4
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date: July 12, 2004
To: PRHSPS Council Committee
From: Kurt Reuter,, rations Superintendent
Via: David Mo ager
Subject: Federal ay stival Days Memorandum of Understanding
Background
The 2004 Federal Way's Festival Days will take place the weekend of August 27, 28 and 29. The 2004
event format has undergone significant changes. The major change in the event will be that Steel Lake
Park is no longer being utilized as a venue. The locations for festival activities will include Sea -Tac
Village, Sea -Tac Plaza and The Commons at Federal Way.
The organizing committee will continue to conduct the 5K Fun Run that takes place on the B.P.A. Trail
and surrounding surface streets.
A copy of the 2004 Memorandum of Understanding and Exhibit "A" are attached for your review.
Exhibit "A" outlines city resources used to support the event.
Committee Recommendation
Option 1
Information only, no action required.
Option 2
Motion to recommend approval of the 2004 Federal Way Festival Days Memorandum of Understanding,
and authorize the City Manager to sign the document to be placed on the City Council Consent Agenda
for July 20, 2004.
APPROVAL OF COMMITTEE REPORT:
Com.mittee,Cliair . Committee Member Committee Member
V
Memorandum of Understanding
Between the City of Federal Way and Federal Way Community Council
Regarding Federal Way Festival Days 2004
THIS MEMORANDUM OF UNDERSTANDING ("MOU"), dated effective this 2"d day of
August, 2004, defines the respective responsibilities of the City of Federal Way ("City") and the
Federal Way Community Council ("FWCC") in connection with the 2004 Federal Way's Festival
Days event.
Recitals:
A. The FWCC, through the Federal Way's Festival Days Committee, produces an annual
outdoor event in the City of Federal Way, Washington, the event originally having been
known as Federal Way Family Festival.
B. In 1994, pursuant to Resolution No. 94-166, the City formally adopted the Federal Way
Family Festival as an official event co-sponsored by the City to benefit the citizens of
Federal Way. Prior to 2003, Family Festival occurred solely in Steel Lake Park, located
in Federal Way, Washington.
C. In 2003, the FWCC announced its plan to expand the scope of the event to the
participation of merchants located in Federal Way and, accordingly, has renamed the
event Federal Way's Festival Days ("the Event"). The expanded Event included a
parade, food and craft vendors, performances, activities, and a 5-K Fun Run, over a three
(3) -day period. The FWCC has planned to continue this event format for the 2004
festival which will be held August 27, 28 and 29, 2004. 2004 Event activities are not
scheduled to take place in Steel Lake Park.
D. In 2004, the FWCC announced its plan to again include a beer garden and a carnival
located on private property, along with other activities located in and near The Commons
at Federal Way, SeaTac Village and SeaTac Plaza commercial developments.
E. In light of the recent changes to the scope of the Event, the City limits the scope of its
sponsorship and support to those activities that occur solely on City property, which
includes, the BPA Trail and city roads ("City Properties"). The City will assist with City
services at the City Properties as outlined in this MOU.
NOW, THEREFORE, the parties agree as follows:
I. City Responsibilities. The City agrees as follows:
The City will waive the Special Event Permit fee for use of BPA Trail Park
facilities;
2. The City will waive application fees for a temporary business license, a temporary
sign permit, an electrical permit for activities located on the City Properties;
3. The City will waive the right of way application fees for the parade route and the
5-K Fun Run.
Page — 1 �— Z--
4. The City will provide use of currently available and owned, portable sound
system, flatbed utility trailer, tow vehicle, and generator for use as reviewing
stand for Parade Judges and Master of Ceremonies;
5. The City will provide logistical support as outlined in the document entitled
"2004 Projected City of Federal Way Festival Days Support" attached hereto as
Exhibit,"A," and incorporated by this reference.
II. FWCC Responsibilities. The FWCC shall:
1. Pay for and obtain a temporary business license, a temporary sign permit, and
electrical permit for activities located on private property.
2. All food vendors or other food handlers are required to obtain Health Department
permits. FWCC shall provide to the City Manager's Office, by August 6, 2004, a
list of all permitted vendors for inclusion in the Event. Without such certificates
of insurance, a Vendor may not participate in the Event;
3. Provide to the City Manager's Office, by August 6, 2004, a list of activities the
FWCC is conducting on private property, and a list of activities the FWCC is
conducting on the City Properties;
4. Once a vendor has provided all necessary permits, waivers and insurance, FWCC
shall provide the Vendor with identification (such as a sign to display inside each
booth) indicating compliance with such requirements. FWCC shall ensure that
such identification shall be displayed at all times during the Event;
5. Provide detailed site plans and a final time line of the Event by August 6, 2004 to
the City Manager's Office;
6. Provide the City's logo identification on all marketing materials developed to
promote the Event, except those activities to be conducted on private properties.
7. Provide booth space at the Event for promotion and sale of products by the City
of Federal Way;
8. Provide assistance to clean up and repair any damage to BPA Trail Park,
including qualified professional assistance to repair any damage to City roads that
may occur during the Event;
9. FWCC agrees to indemnify and hold the City, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any
and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this
MOU to the extent caused by the negligent acts, errors or omissions of the
FWCC, its partners, officers, shareholders, agents, employees, invitees, or
volunteers, or by FWCC's breach of this MOU. FWCC waive any immunity that
may be granted to it under the Washington State Industrial Insurance Act, Title
Page — 2 t'
51 RCW. FWCC's indemnification shall not be limited in any way by any
limitation of the amount of damages, compensation or benefits payable to or by
any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.
This MOU contains the obligations of both parties for Federal Way Festival Days and may not be
changed or modified except by written agreement by both parties.
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
F-1
Page — 3
David Moseley, City Manager
P. O. Box 9718
33530 - 1st Way South
Federal Way, WA 98063-9718
Robert Hitchcock, President
Federal Way Community Council
EXHIBIT A
2004 PROJECTED CITY OF FEDERAL WAY FESTIVAL DAYS SUPPORT
Permits/Rentals Rn -Kind Value
Waiver of Right of Way Activity Permit for Parade $ 31.00
Waiver of Right of Way Activity Permit for 5-K Fun Run $ 31.00
Waiver of Special Event Use Permit for 5K Fun Run $ 150.00
Generator $ 100.00
Portable Sound System ($100.00 per day) $ 100.00
Temporary Business License $ 25.00
Electrical Permit (On Site Inspection, 4 hours @ $87.00 per hour) $ 348.00
Temporary Sign Permit $ 36.50
Total $ 821.50
("Currently under City insurance, with a $5,000 deductible.)
Staff Planning SuDDort (In -Kind Value
Park Operations Superintendent., 30 hours @ $47.00/hour
$1,410.00
Assistant City Attorney, 20 hours @ $47.00/hour 1
$ 940.00
Code Compliance Officer, 20 hours @ $33.00/hour
$ 660.00
Police Commander, 15 hours @ $56.00/hour 1
$ 840.00
Deputy Director, Public Works, 20 hours @ $51.00/hour
$1,020.00
Senior Traffic Engineer, 5 hours @ $43.00/hour
$ 215.00
Assistant City Manager, 30 hours @ $54.00/hour `'
$1,620.00
City Attorney, 5 hours @ $65.00
$ 325.00
City Manager, 20 hours @ $73.00
$1,460.00
Total
$8,490.00
Event Support (In -Kind Value)
Public Safety Support
Police Lieutenant, 27 hours @ $48.00/hour $1,296.00
Police Officers, 134 hours @ $37.00/hour $4,958.00
Police Explorers, 152 hours
PRCS Support
Deliver/set up and take down/return Parade Reviewing Stand
Park Operations Superintendent, 4 hours @ $47.00/hour $ 188.00
B.P.A. Trail clean up
Seasonal Maintenance Worker, 4 hours @ $12.00/hour $ 48.00
Total $6,490.00
GRAND TOTAL: $15,801.50
I" (Hourly pay rates are based on average wage for each position and rounded to the nearest dollar. Benefit
costs of 30% for full time and 10% for temporary staff are also included.)
Page - 4
6. L1
CITY OF FEDERAL WAY
CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/
PUBLIC SAFETY COMMITTEE
July 12, 2004 Meeting
Date: June 22, 2004
From: Patricia A. Richardson, City Attorney
Via: David H. More) ty Manager
Subject: Code Amendment Updating Chapter 6, Criminal Code
Background:
The Law Department proposes adoption of an ordinance to amend the City of Federal Way Code
under Criminal Code Chapter 6 as a housekeeping matter.
The Washington State Legislature has modified state laws regarding various crimes and the
consequences thereof. The proposed amendment to Chapter 6 reflects the changes in state law. The
modifications are necessary to ensure consistent enforcement of the criminal laws. The underlining
indicates new misdemeanor designation and the strike through indicates new felony designation.
Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public
Safety Council Committee approve the proposed amendment to Chapter 6 of the Federal City Code
and forward to full Council for consideration.
Committee Recommendation:
Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and
forward to full Council for consideration at the July 20, 2004 City Council meeting.
K:WGNDITEM\PRHSPSCOMMITTEE\Criminal update 2004
61 .-'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
CRIMINAL CODE OF THE CITY OF FEDERAL WAY
(Amending Ordinance Nos. 91-89,91-106,95-254,99-362,
00-374, 01-401, 02-429, 04-458)
WHEREAS, the State Legislature has recodified state law regarding various
crimes and the consequences thereof,
WHEREAS, the City Code is at variance with state law with respect to the
existence, substance, description, or procedure of certain crimes and consequences,
WHEREAS, the Federal Way City Council finds that it is in the best interest of
its citizens to update the City Criminal Code of the City Code to be more in accordance
with state law in order to ensure more consistent and effective enforcement and
prosecution of criminal activity within the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6, Article III, Section 6-61 of the Federal Way
City Code is hereby amended to read as follows:
6-61 Statutes adopted.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.02.050, Concealing birth.
(2) RCW 9A.42.010, Definitions.
(3) RCW 9A.42.035, Criminal mistreatment in the third degree.
(4) RCW 9A.42.037, Criminal mistreatment in the fourth degree.
(5) RCW 9A.42.080, Abandonment of a dependent person in the third degree.
(6) RCW 9A.42.090, Abandonment of a dependent person — Defense.
ORD # , PAGE 1
C -,_Z
(7) RCW 9A.42.110, Leaving a child in the care of a sex offender.
(8) RCW 13.32A.080, Unlawful harboring of a minor — Penalty — Defense —
Prosecution of adult for involving child in commission of offense.
(9) RCW 70.155.080 Purchasing, possessing by persons under eighteen — Civil
infraction -- Jurisdiction.
(10) RCW 70.155.105, Delivery sale of cigarettes -- Requirements, unlawful
practices --Penalties — Enforcement.
SECTION 2. Chapter 6, Article IV, Section 6-86 of the Federal Way City
Code is hereby amended to read as follows:
6-86 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1) RCW 69.41.020, Prohibited acts — Information not privileged communication.
(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without
prescription or order prohibited — Exceptions.
(3) RCW 69.41.040, Prescription requirements — Penalty
(4) (3) RCW 69.41.050, Labeling requirements —Penalty.
(5) RCW 69.41.320, Practitioners -- Restricted use -- Medical records.
fqj(4) RCW 69.41.350, Penalties.
(5) RCW 69.43.010, Report to state board of pharmacy — List of substances
— Modification of list — Identification of purchasers — Report of transactions —
Penalties.
(q RCW 69.43.020, Receipt of substance from source outside state — Report
— Penalty.
(9) (T) RCW 69.43.030, Exemptions.
10 (g) RCW 69.43.035, Suspicious transactions — Report — Penalty.
(11) RCW 69.43.043, Recordkeeping requirements --Penalty.
ORD # .. PAGE 2
6-) 3
12 (9) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance
Exemptions — Application for permit — Fee — Renewal — Penalty.
13 (,10) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine
Sales restrictions — Penalty.
114L" RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine—
Possession of more than fifteen grams — Penalty — Exceptions.
j15LO-2) RCW 69.50.101, Definitions.
16 43) RCW 69.50.204(d)(13), Schedule 1— Marijuana.
04
17 RCW 69.50.309, Containers.
18 O5) RCW 69.50.4014, Possession of forty grams or less of marihuana -- Penalty.
19 4q RCW 69.50.412, Prohibited acts: E — Penalties.
(20L(� RCW 69.50.505, Seizure and forfeiture.
21 O-9) RCW 69.50.506, Burden of proof.
22 (-1-9-) RCW 69.50.509, Search and seizure of controlled substances.
(20) RGW 69.50.425, Misdemeanor vielatieRs Minim i . i .
SECTION 3. Chapter 6, Article VII, Section 6-161 of the Federal Way City
Code is hereby amended to read as follows:
6-161 Frauds and swindles.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.04.010, False advertising.
(2) RCW 9.12.010, Barratry.
(3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or
deputy.
(4) RCW 9.45.060, Encumbered, leased or rented personal property.
(5) RCW 9.45.070, Mock auctions.
(6) RCW 9.45.080, Fraudulent removal of property.
(7) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
ORD # , PAGE 3
(8) 'RCW 9.45.100, fraud in assignment for benefit of creditors.
(9) RCW 9.26A.120, Fraud in operating coin -box telephone or other receptacle.
(10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for
coin.
(11) RCW 9A.56.330, Possession of another's identification.
12 " RCW 9.60.010, Definitions.
13 (42- RCW 9A.60.040, Criminal impersonation in the first degree.
14 (RCW 9A.60.045, Criminal impersonation in the second degree.
_43)15 44) RCW 9A.60.050, False certification.
(16) RCW 19.48.110, Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud -- Penalty.
(17) RCW 74.08.331, Unlawful practices -- Obtaining assistance -- Disposal
of realty -- Penalties.
SECTION 4. Chapter 6, Article JX, Section 6-211 of the Federal Way City
Code is hereby amended to read as follows:
6-211 Theft, unauthorized issuance of bank checks and possession of stolen
property.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.26A.110, Fraud in obtaining telecommunications service — Penalty.
(2) RCW 9A.56.010, Definitions.
(3) RCW 9A.56.020, Theft — Definition, defense.
(4) RCW 9A.56.050, Theft in the third degree.
(5) RCW 9A.56.060 , Unlawful issuance of checks or drafts.
(6) RCW 9A.56.096, Theft of rental, leased, or lease -purchased property.
(7) RCW 9A.56.140, Possessing stolen property — Definition, credit cards,
presumption.
(8) RCW 9A.56.170, Possessing stolen property in the third degree.
(9) RCW 9A.54.130, Restoration of stolen property — Duty of officers.
ORD # , PAGE 4
(10) RCW 9A.56.220, Theft of cable television services.
(11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(12) RCW 9A.56.260, Connection of channel converter.
(13) RCW 9A.56.270, Shopping cart theft.
(14) RCW 9A.56.280, Credit, debit cards, checks, etc. — Definitions.
.
SECTION 5. Chapter 6, Article X, Section 6-243 of the Federal Way City
Code is hereby amended to read as follows:
6-243 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or
deletions, are hereby adopted by reference:
(1) RCW 9.68A.011, Definitions.
(2) RCW 9.68A.080, Processors of depictions of minor engaged in sexually
explicit conduct — Report required.
(3) RCW 9.68A.090, Communication with minor for immoral purposes -- Penalties.
(4) RCW 9.68A.150, Allowing minor on premises of live erotic performance.
(5) (4) RCW 9.68A.160, Penalty.
SECTION 6. Chapter 6, Article XI, Section 6-268 of the Federal Way City
Code is hereby amended to read as follows:
6-268 Obstructing justice, criminal assistance, introducing contraband and
related offenses.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) Title 7.80.160, Fail to sign non traffic infraction
ahM RCW 9.69.100, Withholding knowledge of felony involving violence — Penalty.
(3) M RCW 9A.7.2.010, Definitions.
(44) (4RCW 9A.72.040, False swearing.
(5) (4) RCW 9A.72.060, False swearing — Retraction.
ORD # , PAGE 5
(6) (45) RCW 9A.72.070, False swearing — Irregularities no defense.
(6) RCW 9A.72.080, Statement of what one does not known to be true.
(8M (7) RCW 9A.72.140, Jury tampering.
J92 (84 RCW 9A.72.150, Tampering with physical evidence.
(10) (9) RCW 9A.76.010, Definitions.
(11) 0.0) RCW 9A.76.020, Obstructing a public servant.
(12)" RCW 9A.76.030, Refusing to summon aid for a peace officer.
(13) (42-) RCW 9A.76.040, Resisting arrest.
43) RCW 9A.76.050, Rendering criminal assistance — Definition of terms.
(15) 04) RCW 9A.76.060, Relative defined.
(16) RCW 9A.76.070. Rendering criminal assistance in the first degree.
0-5) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(18) 46a) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(19) 0-T) RCW 9A.76.100, Compounding.
49) RCW 9A.76.160, Introducing contraband in the third degree.
(21) 49) RCW 9A.76.170, Bail jumping.
(22) (2- ) RCW 9A.76.175, Making -a false or misleading statement to a public servant.
(23) (2-4) RCW 9A.84.040, False reporting.
SECTION 7. Chapter 6, Article XIII, Section 6-316 of the Federal Way City
Code is hereby amended to read as follows:
6-316 Conduct prohibited.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.91.010, Denial of civil rights — Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while
intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) 'RCW 9.91.110, Metal buyers — Records of purchases — Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigipration�equipment.
ORD # , PAGE 6
lam-)--)
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 9A.44.130, Registration of sex offenders and kidnapping offenders
-- Procedures -- Definition -- Penalties.
10 RCW 9A.49.030, Unlawful discharge of a laser in the second degree.
(11) RCW 28A.635.020, Willfully disobeying school administrative personnel or
refusing to leave public property, violations, when -- Penalty.
(12) RCW 28A.635.090, Interference by force or violence -- Penalty.
( 13) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful -- Penalty.
(14) RCW 29A.84.250, Violations -- Corrupt practices.
(15) RCW 29A.84.510. Acts prohibited in vicinity of polling place -- Prohibited practices
as to ballots.
16 {a8) RCW 42.20.010, Powers may not be delegated for profit.
17 { RCW 42.20.030, Intrusion into and refusal to surrender public office.
18 (42-) RCW 42.20.050, Public officer making false certificate.
.(1910.3) RCW 42.20.060, Falsely auditing and paying claims.
JL01" RCW 42.20.080, Other violations by officers.
21 ()-RCW 42.20.100, Failure of duty by public officer is misdemeanor.
SECTION 8. Severability. The provisions of this ordinance are declared
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any person
or circumstance, shall not affect the validity of the remainder of the ordinance, or the
validity of its application to other persons or circumstances.
SECTION 9. Ratification. Any and all acts consistent with the authority and
prior to the effective date of this ordinance are hereby ratified and affirmed.
ORD # , PAGE 7
SECTION 10. Effective Date. This ordinance shall take effect and be in
force five days from its passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of , 2004.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\Criminal update `04
ORD # , PAGE 8