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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. V \ -,-0 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. 8 P- `-L 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. 9 (\ _ B 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 10 fA-1y l 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 PO 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. A- i V1 13 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 14 N-1 U 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: f\--1 l 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 f\ -Z2 Fo-) P, f - _/ YJ 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 jp�-2's 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: 4 2 -AP 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. flee it cwnillhtx — -.-==-- .-_,. ev ,rulic,x_:.,-__ . (:i�mtixtit�„4c.Menther 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. - 1 - 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 - 4 - 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 - * [ cn D ? AI II f I L :: 0 0? D C (D ;£ Q O u v -i m :;; a;:: m.>D> c (D . zC37' V A 4� cnW W..' (D u) -1 o (DD »% . . (D V Do1. Ul N' o o (D cD �: 'U m — 3 N :>::;::; a N N == %i0 -I o (D (D u o c 1= (D IN :>n N (D C Q (D a w N _., - "n Q 3 o (D NINI� I - ' a > > 3 0 a c a) c (D :3 CD n) Q -n 1 O n) (D a) :. o D n N N N 3 O (D N N Wo A o 3 < (D N n - C � CD Q. N =r �. O < O O Q Cj cr CD CD Cl C N D a) a d O :3 = N CD fD 0,3 N a) a Q. v (D N O � � O (D Q. w a O N (D Z O (D N O [ cn D ? AI II f I L N D C (D ;£ Q (D . zC37' V A 4� Ns W..' (D N' N m j • . . (D V Ul Ul N' 7 N 'U A N == -I o (D (D u 1= (D IN N W w N _., W � A N NINI� I I IN ' m x i [ cn D ? —I ... 2 "- m D C (D ;£ Q (D . zC37' -n 7C N -(D u A CIL (D N' N m j • . . (D 7 : 'U == o (D (D u 1= (D in . ?Ex3 (D n. . n) -n :. o +s .. I IW Vl .,' '. D C I cJ II 0 cr < I A � i A D0 C � .(n S IG) �I W. ., OZ i I i C CD O m x i 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