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PRHSPSC PKT 02-12-2001 ~~ City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, February 12,2001 12:00 p.m. City Hall Mt. Baker Conference Room AGENDA 1. 2. CALL TO ORDER PUBLIC FORUM COMMISSION COMMENTS APPROVAL OF JANUARY 8, 2001 SUMMARY COMMITTEE BUSINESS A. Batting Cage Agreement at Celebration Park B. Horseshoe Pitches at Steel Lake Park Annex C. Arts Commission 2001 Work Program D. 2001 Community Development Block Grant Contingency Plan E. 2001 One-time Human Services Funding F. City of Fife Jail Interlocal Agreement G. Chelan Co. Regional Jail Interlocal Agreement Amendment Parker Guenther Chaney? Chaney? 3. 4. 5. Action Action Action Schroder Schroder Faber Action Action Action Action 6. NEXT MEETING - Monday, March 12, 2001 A. Domestic Violence Advocacy Request for Proposal 7. ADJOURNMENT Committee Members: Jeanne Burbidge, Chair Michael Hellickson Dean McColgan Staff: Jennifer Schroder, Director Marj Currie-Hicks, Administrative Assistant 661-4041 City of Federal Way City Council PARKS. RECREATION. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, January 8, 2001 12:00 p.m. SUMMARY In attendance: Council Committee members Jeanne Burbidge, Dean McColgan, Mary Gates; Deputy Mayor Linda Kochmar; David Moseley, City Manager; Pat Richardson, Assistant City Attorney; Ann Guenther, Human Services Manager; Dan Coulombe, Public Safety; Greg Fewins, Principal Planner; Jennifer Schroder, Director of Parks, Recreation and Cultural Services; Mary Faber, Recreation & Cultural Services Superintendent; Kurt Reuter, Parks Maintenance and Operations Superintendent; Steve Ikerd, Property Services'Manager; Marj Currie-Hicks, Administrative Assistant. . Guests: David Kaplan, Bob Kellogg, Kevin King, Eric Olsen, Joanne Piquette, Barbara Reid. Chair Burbidge called the meeting to order at 12:03 p.m. PUBLIC FORUM Joann Piquette reported that the Arts Commission is in the process offmalizing their 2001 Arts Commission Work Plan. APPROVAL OF SUMMARY MARY GATES AND DEAN MCCOLGAN MOVED AND SECONDED TO APPROVE THE DECEMBER 11. 2000 MEETING SUMMARY AS WRITTEN. MOTION PASSED. BUSINESS ITEMS Volunteer Use Al!reementlBanner: Jennifer Schroder presented the Volunteer Use Agreement for the Celebration Park Banners. This included an exhibit with dimensions, themes, and where donor recognition name would be. The Friends of Federal Way would obtain donors to fund the banners. The City would contract with a vendor to design five banners as described in the exhibit and bring these designs forward to Council for approval. Council Member McColgan asked if the money raised would go towards items in Celebration Park. Schroder replied that the funds would go into an account to go towards enhancement of the play area. Staff would work with the community and Parks Council Committee. The agreement has been reviewed by Legal. McColgan asked if this playground equipment was in the original Master Plan for Celebration Park. Schroder responded the additional playground equipment was included in the original architectural design. Reid said the letters for the volunteer names on the banner were originally shown as 3" high, but now need to be reduced to 2" due to space limitations. MCCOLGAN AND GATES MOVED AND SECONDED A MOTION TO FORWARD THE VOLUNTEER USE AGREEMENT FOR THE CELEBRATION PARK BANNERS TO FULL COUNCIL FOR CONSENT ON JANUARY 16, 2001. MOTION PASSED. Celebration Park Master Plan Review: Jennifer Schroder mentioned that Jon Jainga gave a presentation to the Parks Commission on January 4, 2001 on the Celebration Park Master Plan including the development of the Master Plan. Schroder said the initial plan included five acres for a future performance center and provided for a connection to South 333rd Street. The Bond initiative to fund this project failed; however, the Utility Tax was approved and provides for funding of this project. The 1995 plan provided a connection to downtown. When the Master Plan was submitted to the US Army Corps of Engineers for review, there were constraints set for the 83.5 acres which has seven wetlands and four streams. To fill.78 acres of wetlands in order to develop the property, five acres of wetlands needed to be replaced at a 3 to 1 ratio. This left 48 acres as a key piece of preserved native wetlands. It was mandated that 80% of plants would need to still be there at end of a five-year period. No new structures may be built at this point as any new proposals would need to go through the US Army Corps of Engineers' review process as well as the ESA. The proposed PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, January 8, 2001 Summary Page 2 batting cage does not add to the building process as it replaces the maintenance yard. The children's play area has a soft surface that is environmentally acceptable. Any new development, such as development of the area south of 333"\ would be required to go through a review process. Any proposed new development would add a risk factor of time and review. Greg Fewins, Principal Planner, stated that existing development is not at risk. Council Member Gates said timing is critical. Any planned project must be functional within the five-year time period. Items that would require minimal review may be items that could be done within the next three-year period. Gates suggested optimal calendaring should be looked at, for example, the success of the wetlands. She suggested a strategy be developed for the long term. Schroder stated the initial grant excluded the five acres south of333rd. Kaplan asked if those five acres are to remain undeveloped. Schroßer responded that those five acres would be treated, separately. Committee 2001 Calendar: The meeting regularly scheduled for November 12 will need to be rescheduled at some time due to the Veteran's Day holiday. New Horizon Update: Dan Coulombe, Public Safety, reported that the City of Federal Way is divided into 146 reporting districts and his report today would focus on District 143, which is on the east side of Pacific Highway South north of 336th. During the year 2000, Public Safety provided 2,649 responses to this area. Of those, 33 incidents generated a police report and these were for prostitution problems in the area of the New Horizon Motel. Public Safety is boosting their patrols in the parking lots in this area. McColgan asked if crime activity has decreased since the implementation of the Soap Ordinance. Coulombe said crime would appear to increase due to tracking, but that crime would either be eliminated or move on to other locations. Gates asked what is a reasonable timespan for elimination of problems in this area. She stated too much emphasis could force the problem to relocate elsewhere or to go underground. Coulombe responded the goal is to remove the problem totally from this city. A timeline cannot be placed at this time. A signal light has been installed at 330th Street and Pacific Highway to provide a pedestrian crosswalk to eliminate dangerous street crossings in this area. McColgan asked if the crime problem has been addressed fully enough to satisfy citizen comments and would alternate methods such as surveillance cameras be helpful. Coulombe responded that thefts have diminished and surveillance cameras are an option. Reid stated it appears the problem is the motel and its ownership. She suggested no more vouchers be given to New Horizon Motel. She mentioned that the graffiti problem is also part of the crime package and that the extension of 330th Street heading toward Celebration Park is a dark area. Coulombe responded to Bob Kellogg's inquiry that the New Horizon Motel generates a lot of the problem. Council Member Gates asked if this problem activity could be monitored over the next couple of months and then dealt with on a business basis. She wants to make sure Public Safety has all tools needed to ensure that any business that generates crime is addressed. Council Member McColgan asked for a review and stated Council is here to support Public Safety. Chair Burbidge suggested there may be some code violations. NEXT MEETING February 12,2001. ADJOURNMENT Meeting adjourned at 1 :50 p.m. I:OIO8sUM_PRCC Item S.A CITY OF FEDERAL WAY MEMORANDUM Date: To: Subject: January 31,2001 Parks, Recreation, Human Services and Public Safety Council Committee Jennifer SChrO~ežRi~ector~ Bob C. Sterbø.lòtYÃttomey David M~anager Proposed Agreement for Celebration Park Batting Cage Services From: Via: Backt!round: Russell and Justin Mentink submitted to the City a proposal to locate a batting cage at Celebration Park, north of the batting restroom/concession building in the Weyerhaeuser Plaza. The Parks and Recreation Commission held a public hearing on January 13, 2000. The Parks and Recreation Commission forwarded to Council a recommendation for the City to enter into a contract for a batting cage in Celebration Park located at the previous area identified for a maintenance facility. After review by the PRHSPS Council Committee, the full Council, on March 7, 2000, authorized the City to enter into a contract for a batting cage facility at the site proposed by the Parks and Recreation Commission. Russell and Justin Mentink desire to execute an agreement with the City to construct and operate a six-station batting cage facility in Celebration. The basic terms ofthe proposed agreement are as follows: Premises. The Batting Cage shall be constructed and operated in the area located in Celebration Park previously reserved for the construction of a "Maintenance & Storage Facility". Batting Cage Services. Shall, at a minimum, be open to the public from March 15th until September 30th each year during the Term; provided, however, that the City reserves the right to require that the Batting Cage be closed if the operation would be incompatible with City purpose such as the Fourth of July City celebration. Batting Cage shall be open to the public from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday. The Batting Cage may continue its operation beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall the operation continue past 9:30 p.m. unless such operation is given prior approval by the Parks, Recreation and Cultural Services Director. Construction of Batting Cage. The Mentinks agree to construct, at their sole expense, a batting cage facility that will include six (6) cages, five (5) dual pitching machines (providing both slow and fastpitch softball and baseball), and one (1) single pitching machine that can do either slow or fastpitch. Term. The term of the agreement will be for a period often (10) years, with renewal terms at the discretion of the City for a maximum of two (2) additional terms of five (5) years each. Compensation. The agreement calls for a fee schedule based on year of term or percentage of gross monthly revenue, whichever is greater. For years 1-2-3, the Mentinks shall pay the City a minimum payment of $500.00 per month, $750.00 per month for years 4-5-6, and $1,000.00 per month for years 7-8-9-10, or a percentage of gross receipts per the following schedule: . 5% ofthe first $100,000 in gross receipts . 7% of receipts in excess of $1 00,000 to $200,000 . 10% of gross receipts in excess of $200,000 Free Clinics. The Mentinks agree to provide to the citizens of Federal Way, a minimum of one (1) monthly free hitting clinic, during the dates of operation (March 15 - September 30). Insurance. The agreement requires the Mentinks to carry as a minimum, workers' compensation and employer liability insurance in amounts pursuant to the laws of the State of Washington; commercial general liability insurance with minimum limits of Two Million Dollars per occurrence and Five Million Dollars in the annual aggregate, for bodily injury; automobile liability insurance with minimum limits of not less than Two Million Dollars per occurrence and Five Million Dollars in the annual aggregate for bodily injury. Committee Recommendation: Staff requests the Committee forward the proposed agreement for Celebration Park Batting Cage Services to the full City Council, with a "do pass" recommendation. APPROVAL BY COMMITTEE: Committee Chair Committee Member Committee Member I:\PARKSCOMMITTEE\O212 - BA TCAGE.DOC AGREEMENT FOR CELEBRATION PARK BATTING CAGE SERVICES This Agreement (" Agreement") is dated effective this - day of ,200 I. The parties ("Parties") to this Agreement are the CITY OF FEDERAL WAY, a Washington municipal corporation ("City"), and RUSSELL W. and MENTINK, husband and wife, and JUSTIN MENTINK, a single person (collectively, the "Mentinks"). A. The City seeks th~ temporary professional services of a skilled independent contractor capable of working without direct supervision, to construct a batting cage and to provide batting cage services to the general public at Celebration Park, located at 1095 South 324th Street, Federal Way, Washington ("Celebration Park"); and B. The Mentinks have the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: Premises. 1. The Batting Cage shall be constructed and operated on certain premises commonly known as the area located in Celebration Park to the southeast of the baseball fields, which area was previously reserved for construction of a "Maintenance & Storage Facility", and as more particularly identified by the City and as shown on the site plan attached as Exhibit "A" and incorporated herein by this reference ("Premises"). 2. Batting Cage Services. 2.1 License. The City hereby grants to the Mentinks a limited license to use the Premises solely for the purposes set forth in this Agreement and for the Term of this Agreement. 2.2 Customer Service. The Mentinks and all of their employees, agents, or representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. The Mentinks shall honor all reasonable requests for refunds including requests from customers that are dissatisfied with any product sold by the Mentinks or from customers who have lost money in any machine owned by the Mentinks. 2.3 Employee Appearance. All of the Mentinks' employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear clothing or identification which distinguishes them as employees of the Mentinks. 2.4 Employee Training. The Mentinks shall provide a training program for its employees, agents, or representatives for the development of the skills and techniques necessary to perfonn its obligations under this Agreement including, but not limited to, promoting customer service, produce and service presentation, cleanliness, positive attitude and promoting the City Parks, Recreation and Cultural Services Department's ("P ARCS") philosophy and policy. .. 2.5 Staffing. The Batting Cage shall be properly staffed in order to prevent undue delay to the public. The Mentinks shall plan its staffing in advance and anticipate to the best of its ability any events, such as holidays or special events, which may require additional staffing. In the~ event the City detennines in its sole discretion that the Mentinks are not adequately staffing the Batting Cage, it may notify the Mentinks of that fact and the Mentinks shall immediately increase its staffmg to meet the City's recommendation. 2.6 Dates of Operation. The Batting Cage shall at a minimum be open to the public from March 15th until September 30th each year during the T enD; provided, however, that the City reserves the right to require that the Batting Cage be closed if the operation would be incompatible with a City purpose such as the Fourth of July City celebration. 2.7 Hours of Operation. The Batting Cage shall be open to the public during the dates of operation from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday, or during such hours as may be set by the City's P ARCS Director in her sole discretion; provided, however, tliat the Batting Cage may continue its operations beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall such operation continue past 9:30 p.m. unless such operation is given prior approval by the P ARCS Director. 2.8 Products. All products offered for sale by the Mentinks to the public shall be approved in writing by the City prior to distribution or sale of any such products. The Mentinks shall comply with any reasonable requests made by the City to either add or eliminate certain types of products. 3. Construction of Batting Cage. 3.1 Construction of Batting Cage. The Mentinks agree to construct, at their sole expense, a batting cage facility on the Premises ("Batting Cage") having an approximate size of -' x -' that will include six (6) cages, five (5) dual pitching machines (Automated Batting Cages Model AP 1 000 providing both slow and fast pitch softball and baseball), one (1) single pitching machine (either slow or fast pitch); an -' x -' concession building with exterior detailing and materials that coordinate with the existing brick restroom/concession building and existing metal maintenance building in Celebration Park. Plans and specifications depicting the batting cage facility and concession building are attached hereto as Exhibit "B" and incorporated herein by the reference ("Plans"). No - 2 - change orders to the Plans shall occur unless the same have been approved in writing by the City. The Mentinks shall be responsible for obtaining and paying all expenses associated with all necessary permits, licenses, bonds and approvals in connection with the construction of the Batting Cage and/or performing all of their obligations under this Agreement. 3.2 Alterations. The Mentinks shall not make any material alterations, additions or improvements to the Batting Cage without the City's prior written consent, which consent may be withheld for any reason, except that with respect to alterations, additions or improvements to the interior of the Batting Cage, the City's consent may not be unreasonably withheld. In the event the City consents to the making of any alterations, additions or improvements to the Batting Cage (interior or exterior), the same shall be made at the Mentinks's sole. cost and expense. 3.3 Surrender/Removal. Upon the expiration of the Term, or earlier termination of this Agreement, the City may elect the following: ( a) the surrender of the Batting Cage and all associated equipment to the City ("Surrender Option"); or (b) the removal of the Batting Cage, or ,any part thereof, at the Mentinks' sole cost and expense, and the repair of any damage to the real property caused by such removal within a time period prescribed by the City ("Removal Option"). If the City elects the Surrender Option, the City and the Mentinks shall jointly select an appraiser to determine the remaining fair market value (if any) of the Batting Cage and associated equipment, taking into account depreciation and resale value (if any). The cost of the appraiser shall be borne equally by the City and the Mentinks. Upon the City's payment of the remaining value (if any) of the Batting Cage and associated equipment, the Mentinks shall surrender the Batting Cage and all such equipment, which shall become the City's property. The Mentinks shall provide sufficient bonding or an assignment of funds in lieu of bonding to insure performance of this provision. 4. Maintenance. The Mentinks shall, at their expense, fully maintain the Batting Cage, the Premises, and any of the surrounding areas affected by their business operation in good condition and repair, including without limitation keeping such areas in a very neat, clean, safe and sanitary condition; removing all garbage and debris on a daily basis; repairing any broken machines within a reasonable time period; removing all graffiti; maintaining, repairing and replacing all plumbing fixtures in the Batting Cage including. hot water heaters, drain maintenance and any upgrades required by current codes; performing all preventative maintenance; and providing all necessary janitorial service to adequately maintain such areas. The Mentinks shall keep all owned equipment and structures and leased City land free from encumbrances and/or liens, except for any mortgages or security interests granted for financing purposes and approved by the City prior to their execution by the Mentinks. 5. Damage to Batting Cage. If the Batting Cage or any part thereof is damaged by any cause other than the sole negligence of the City, its employees or agents, the Mentinks shall, at their sole cost and expense, - 3 - restore the Batting Cage to a condition equivalent or better than its condition immediately prior to such damage. 6. City Reimbursement. In the event the Mentinks fail to remove the Batting Cage pursuant to paragraph 3.3, maintain the Batting Cage pursuant to paragraph 4, or repair the Batting Cage pursuant to paragraph 5, the City may, but in no event is the City obligated to, remove the Batting Cage or perform the maintenance or repair and the Mentinks shall, upon demand, immediately pay the City the costs and expenses of such removal, maintenance or repair. In the event the Mentinks fail to comply with the terms of this paragraphl,.the City may confiscate the Batting Cage, or any part thereof, and sell the same, the proceeds of which sale will be credited against any costs or expenses incurred by the City. The sale of the Batting Cage shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 7. Utilities. Taxes and Expenses. The Mentinks shall pay all costs and expenses associated with the operation of the Batting Cage, including, without limitation, all utilities and taxes. The Mentinks shall pay directly, before delinquency, any and all taxes levied or assessed upon their leasehold improvements, equipment, furniture, fixtures and personal property located on the City's property. 8. Term. The term of this Agreement shall be for a period often (10) years commencing on the date the Mentinks obtain all necessary permits to construct the Batting Cage and terminating ten (10) years thereafter ("Term"); provided, however, the City may terminate this Agreement prior to the expiration of the Term for the Mentinks breach of this Agreement, or for other default, as described in Section 19 of this Agreement. At the end of the Term, if the Mentinks are not in breach or default . of this Agreementas set forth in Section 19, the Mentinks shall have the option to extend this Agreement for a maximum of two (2) additional t~rms of five (5) years each ("Option Term(s)"), by providing the City with written notice one hundred and twenty (120) days prior to the expiration of the Term of the Mentinks election to exercise their right for the Option Term(s), and by obtaining the City's mutual agreement to the rental rate for any Option Term(s). 9. Compensation. 9.1 Total Compensation. The Mentinks agree to pay the City a monthly fee and a percentage of their gross monthly revenue, excluding state sales tax ("Payments") as follows: Years 1-2-3: During the first three (3) years of this Agreement, the Mentinks shall pay to the City a minimum payment equal to the greater of Five Hundred Dollars and nolI 00 ($500.00) per month, or a percentage of gross receipts as calculated in Subsection (a) below. - 4 - Years 4-5-6: During the fourth, fifth and sixth years ofthe Term, the Mentinks shall pay to the City a minimum payment equal to the greater of Seven Hundred Fifty Dollars and nolI 00 ($750.00) per month, or a percentage of gross receipts as calculated in Subsection (a) below. Years 7-8-9-10: During the remainder of the Term, the Mentinks shall pay to the City a minimum payment equal to the greater of One Thousand Dollars and nolI 00 ($1,000.00) per month, or a percentage of gross receipts as calculated in Subsection (a) below. (a) The Mentinks' gross receipts payment shall be calculated as follows: Five Percent (5%) of the first $100,000 in gross receipts; Seven Percent (7%) of gross receipts in excess of $100,000 to~$200,OOO; and Ten ~ercent (10%) of gross receipts in excess of $200,000. (b) The term "Gross Monthly Revenue" shall mean the total amount charged by the Mentinks, their employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections. 9.2 Payment Due Date. The Mentinks shall deliver the Payments to the City on or before the 10th day of each month for both the monthly fee and the Gross Monthly Revenue received during the preceding month ("Due Date"). 9.3 Access to Records. The Mentinks shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement"). The Mentinks will provide the City or the City's agents or representatives reasonable access to the books and records of the Mentinks for the purposes of auditing and inspecting the same to verify the Statement. The records shall include documents from which the original transaction entry was made, including sales slips, cash register tapes, and/or purchase invoices. 9.4 Cash Registers. All sales, other than sales from machines, shall be recorded by cash registers which display to the customer the amount of the sale and automatically issue receipts certifying the transaction amount. The cash registers shall be equipped with devices which lock in sales totals, transaction records, produce duplicate audit tape, contain counters which cannot be reset and which record the transaction numbers and sales details on such tape. Any errors shall be noted by the Mentinks on the audit tape with an explanation. Cash register readings shall be recorded by the Mentinks at the beginning and the end of each business day. 9.5 Late Fee. The Mentinks acknowledge that late payment to the City of the Payments will cause the City to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if any Payment is not received by the City on the Due Date, the Mentinks agree to pay a late fee equal to 10% of the late Payment amount, plus interest on the late amount of 12%; except that where a Payment is - 5 - more than 10 days late, the late fee shall be equal to 15% of the late Payment amount, plus interest on the late amount of 12%. 9.6 Mentinks Responsible for Taxes. The Mentinks 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 Agryement, including but not limited to Leasehold Excise Tax imposed pursuant to RCW 82.29A. 10. Free Clinics. The Mentinks shall provide a minimum of one (1) monthly tree hitting clinic, during the dates of operation set forth in Section 2.6 herein; to the citizens of Federal Way and shall coordinate the dates, time, length, participants and scope of such clinics with Federal Way P ARCS Department. The Mentinks shall provide tree instruction during the clinics. 11. Compliance with Laws. The Mentinks shall comply with and perform the services herein 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, including but not limited to the following: (i) - Federal, state and local health, safety and licensing laws relating to the sale of concession goods; (ii) City code provisions requiring any person or entity doing business in the City to obtain a business registration; and (iii) policy. City P ARCS Department policies, including, but not limited to, its concession (iv) In all the Mentinks' activities, including the performance of the services herein and all hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by the Mentinks or by the Mentinks' 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. The Mentinks shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Ci viI 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 - 6 - 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 Mentinks' breach, may result in ineligibility for further City agreements. 12. Warranty. The Mentinks warrants that they have the requisite training, skill and experience necessary to provide the services herein and are appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 13. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Mentinks shall be an independent contractor and that the City shall be neither liable nor obligated to pay the Mentinks siçk leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Mentinks 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 Mentinks, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Mentinks mayor will be perfonning services during the Tenn for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Mentinks's ability to perform the services herein. Mentinks agrees to resolve any such conflicts of interest in favor of the City. 14. Indemnification. 14.1 The Mentinks Indemnification. The Mentinks agree to indemnify, defend, 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 Mentinks, its partners, shareholders, agents, employees, or by the Mentinks's breach of this Agreement. Mentinks waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Mentinks'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. 14.2 Survival. The provisions of this Section shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or termination. - 7 - 15. Confidentiality. All information regarding the City obtained by the Mentinks in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Mentinks will be grounds for immediate termination. 16. Insurance. The Mentinks agree 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: 16.1 Workers' 'compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 16.2 Commercial general liability insurance with minimum limits of TwQ Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, for bodily injury, including personal injury or death, products liability and property damage. 16.3 Automobile liability insurance with minimum limits of not less than Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, for bodily injury, including personal injury or death and þroperty damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage. The Mentinks shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, funùsh 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 Term of this Agreement, except after thirty (30) days prior written notice to the City. If the Mentinks's insurance policies are "claims made" or "claims paid," the Mentinks shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. The Mentinks'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 occwring prior to such expiration or termination. 17. Non-Exclusive Right. 11ús Agreement does not grant the Mentinks an exclusive right to 'use of Celebration Park or to distribute their products or the products of others. The City reserves the right to grant to other persons or entities any of the rights contained herein or otherwise. 18. .s.!w. The Mentinks shall not place any sign, notice or advertising matter in or about the - 8 - City's real property, without the City's prior written consent, which consent may be withheld for any reason. The Mentinks shall obtain all necessary pennits in connection with any such signs. 19. Default. The occurrence of anyone or more of the following events shall constitute a default and a breach of this Agreement by the Mentinks: 19.1 The vacating or abandonment of the Premises; 19.2 The failure by the Mentinks to make when due any of the Payments, where such failure shall continue for a period of three (3) days after written notice of default from the City to the Mentinks. 19.3 The failure by the Mentinks to observe or perfonn any of the covenants, conditions or provisions set forth in Sections 2.2 - 2.8 of this Agreement to be observed or performed by the Mentinks (specifically not including those described in Sections 19.1 - 19.2 above), for a period of thirty (30) days after written notice of such default from the City to the Mentinks; provided, however, that if the nature of the Mentinks' default is such that more than thirty (30) days are reasonably required for its cure, then the Mentinks shall not be deemed to be in default if the Mentinks commence a cure within that thirty (30) day period and thereafter diligently prosecute the cure to completion. 19.4 The Mentinks become a "debtor" as defined in the Bankruptcy Code, II USC Section 10 I, or any successor statute, or if a trustee or receiver is appointed to take possession of substantially all of the Mentinks' assets located at the Premises or of the Mentinks' interest in this Agreement. 19.5 Any other occurrence which constitutes a material breach or default under other provisions of this Agreement 20. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement No provision of this Agreement may be amended or modified except by written agreement signed by the parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the perfonnance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the substantially prevailing Party shall be entitled to its reasonable attorneys' fees, costs and expenses, to be paid by the other, non- prevailing Party. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which perfonnance is a factor. - 9 - DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South P. O. Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Bob C. Sterbank Russell W. Mentink Mentink Justin Mentink 31602 37th Avenue SW Federal Way, W A 98023 (253) 838-2048 G:\batcage 01/24/01 - 10 - ("" <:> , , ., r~ ",: 1.: .' -:..,~ ¡ i1 i.! I.. :~,~ '-. ",:: ,- ':'.!... " ,......" I! ¡, :',':" ¡ ,..... ,: I.,,; " , " '¡, -:!/ ,/ . ~ I ':-:-'."'¡' , '. '~'.' \ D Parcels - Buildings =~= Parks D City of Federal Way Site Map 200 0 r"'-"" - 200 --- \-- ',., ¡" I' ~ ~: """1 ' . """',\ ..: ~,.:;;.,: " I ¡"i,: ~ ' : :~j" ~,-,- "," J" . , .; '1'1"" ' r ~; I. "~':,! ,~.~L~ iT' " :1, ;¡ '..... j 1 . '", ,:....;,i,:n.: : rl . Tj I:. ,I,"';, : t.~ L ,t.: ~~: t--:- "",..1 - I",,)! J'L.¡oo.... ":- , <:::"-- .. ~ .n :~:~; ;..¡ -- .: .: : I~r;,.; , ",'" ¡.,,; . ...._,~, "!' I ,~:::,;. ."-'I;'i.'~i.....j l~;I"... r"".", ._" t...~,\,~; , ...':'=~I. .,r:: ¡ :~;~¡!~¡~ :." ¡p.,,:, ", :,I.:. . ;: t~~:)r:b:¡i , -,' ,( ¡, N + MIp Prirted-Feb 6 2001 Federal Way atyMap 400 600 00) Feet Map rmde by 1tj The oty of FederallMly makes no warranty as to its accuracy. Note: This map is intended for use as a g-aphical representation only. EXHIBIT B PLANS Item S.B CITY OF FEDERAL WAY MEMORANDUM Subject: February 5, 2001 Parks, Recreation, Human Services and Public Safety Council Committee J ennifer sc~oder, D' rector fljli..~ David Mosele ager Horseshoe Pite es at Steel Lake Park Annex Date: To: From: Via: Background: Last September, Chuck Glasford along with Jerry Varner presented a proposal to the City Council and Parks and Recreation Commission to locate horseshoe pitches somewhere within a Federal Way park system for the benefit of people interested in this activity. The preferred location expressed by Mr. Glasford was the site near the north entrance to Celebration Park. The Commission's Recreation Programming Committee visited the recommended site in Celebration Park as well as looked at other park locations. The Parks Council Committee findings included a recommendation to not locate horseshoe pitches at Celebration Park. However, the Commission does support Steel Lake Park as a potential location. Staff suggested the west side of the Steel Lake Annex restrooms/concession building as a potential location to site horseshoe pitches. Mr. Glasford and Mr. Varner inspected the area proposed by staff in January and agreed the site offers a good location for the City's first horseshoe pitches. Parks and Recreation Commission Recommendation: The Parks and Recreation Commission passed a motion to recommend to the Council Committee to approve the area west of the Steel Lake Annex restroom/concession building for a horseshoe pitch facility. Committee Recommendation: Motion to place on City Council's February 20, 2001 Agenda under consent approval to locate horseshoe pitches at Steel Lake Park! Annex as recommended by the Parks and Recreation Commission. APPROVAL BY COMMITTEE: Committee Member Committee Chair Committee Member :\I>ARKSCOMMITIEE\O212 - HORSESHOEPIT.DOC ',~I!,': , , , í \ i \ i \ Steel Lake Park/ \ I "t.' ' '. ,,:> "" / ~\ .f:""'" í S~ate./Þar. ¡ S't II e .I ,I // / Propdsed / I ( Pathway '. I '\ Existing Socer Field \ \, \ I ) ; I I \ \ ! I I / ¡ \ \ \ ProRo Horse!sh I I I I , I í i ./ ". " /' '" /""""""""'" Steel Lake Park - Site Plan N 'W+E s ^-/. Sewlines 1\/ Watlines . Manholes . Fire Hydrants 5-foot Contours /\I Index Contours '/\" ./' Intermediate Contours Skateprk.dwg A/2 N13 - Buildings 1<:,',';1 Pavement 0 Parcels Map Prlnled-Feb 1 2001 Federal Way CityMap 50 0 r--- - 50 100 150 200 Map made by -jt Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. Item 5.C CITY OF FEDERAL WAY MEMORANDUM Date: To: February 6, 2001 Parks, Recreation, Human Services and Public Safety Council Committee From: Mary Faber, Recreation and Cultural Services Superintendent Via: Subject: David Mose e anager Back!!round: The Arts Commission developed a 2001 Work Plan reducing the number of committees. The Commission will now operate with three working committees, which will meet monthly, and one full Commission meeting each month. The Arts Commission reviewed and approved the Work Plan at the December 2000 Commission meeting. A copy of the Work Plan is included for Council Review. Committee Recommendation: Authorize the Arts Commission to implement the 2001 Work Plan. APPROVAL OF COMMITTEE REPORT: Committee Member Committee Chair Committee Member I:\P ARKSCOMMITTEE\O212 - WORKPLAN,DOC 1. City of Federal Way Arts Commission 2001 Work Plan Public Art Committee A. Maintain City Hall Exhibits and Knutzen Family Theatre Gallery 1. Schedule artists for both galleries for 2001. Time/ine: Artists scheduled by Jan. 15, 2001 Lead: Staff 2. Organize volunteers to assist in installing and removing exhibits. Time/ine: On-going Lead: Ron Smith, Jung Ho Kim, Iris Marshall B. Develop art plans for upcoming 2% for Art Projects 1. Develop a timeline for public art involvement for the Skateboard Park. Time/ine: Artist Selection Process-February 2001 Lead: Margaret Douglas C. Implement Outdoor Sculpture Exhibit at Celebration Park 1. Finalize budget and art consultant contract. Time/ine: January 2001 Lead: Staff 2. Review Artists Proposals. Time/ine: March 2001 3. Install Exhibit Time/ine: May 2001 Lead: Lona Bostic, Iris Marshall Lead: Staff D. Review Draft Public Art Policies and finalize. 1. An ad-hoc committee of the Commission review policies. Timeline: February 2001 Lead: Donna Welch, Allan Smith 2. The Public Art Committee review policies. Timeline: March-April 2001 Lead: Donna Welch, Allan Smith 3. Finalize Policies for Commission/Council approval. Timeline: June, 2001 Lead: Donna Welch, Allan Smith E. Develop a Rotating Bonsai Exhibit at Dumas Bay Centre 1. Meet with Weyerhaeuser Company to discuss ideas. Timeline: February 2001 Lead: Fran V~1/ing 2. Develop program outline for Commï"ssion review. Timeline: April 2001 Lead: Fran Veiling 3. Implement Exhibit at Dumas Bay Centre Time/ine: June 2001 Lead: Fran Veiling F. Review and propose a concept for an Historical Art Work at Dumas Bay Centre. .. Time/ine: Present ideas to September Comm. mtng. Lead: Bette Simpson City of Federal Way Arts Commission 2001 Work Plan 2. 3. Cultural Outreach Committee A. Review/revise Knutzen Family Theatre Policies 1. Host F.W.C.P.A. and get feedback from user groups concerning the facility, policies and pricing Timeline: March, 2001 Lead: ?????? B. Develop on-going advocacy with the Council on facility needs. 1. Update Council Committee on facility schedules and needs. Timeline: Attend Council Committee Quarterly Lead: Joann Piquette C. . Update informational Arts Commission brochure Timeline: Print in February, 2001 Lead: Ted Nelson, Allan Smith D. Publish bi-annual newsletter: Timeline: Spring-Summer Edition mailed in March, 2001 Fall/Winter Edition mailed in September, 2001 Lead: Ted Nelson E. Attend Chamber meetings and bring promotional items for display. Timeline: Monthly as scheduled. Lead: Joann Piquette F. Sponsor a seminar at KFT for emerging visual artists on entering and submitting artworks professionally. Timeline: April, 2001 Lead: Jung Ho Kim, Iris Marshall G. Update the Arts Commission informational slide program and develop a compatible version for the City's web pages. Timeline: March, 2000 Lead: Joann Piquette, Allan Smith F. Submit information for the cultural calendar page on a quarterly schedule. Timeline: Quarterly to coincide with production of Recreation Brochure. Lead: Joann Piquette Programs Committee A. Sponsor King County Performance Network Events at the Knutzen Family Theatre. Assist w/promotions, ticket sales, ushering. Timeline: 5 Concerts to be held Feb-March 2001 - Lead: Allan Smith B. Host reception with Contract for Services Recipients and City Council. Timeline: March, 2001 Lead: Lorene Fortini C. Red, White and Blues Festival: 1. Review and develop new ideas for Artists in Action area. Timeline: Finalized by April, 2001 Lead: Allan Smith, Donna Welch 2. Develop the idea of an integrated public art project at the event. Timeline: Artists selected and ideas finalized by March, 2001. Contact: ???? 2 City of Federal Way Arts Commission 2001 Work Plan 4. D. 2002 Contract for Services Program. 1. Develop Update application guidelines. Timeline: Programs Committee review June, 2001 Lead: Jackie Peterson 2. Publish new guidelines. Timeline: August 2001 Lead: Staff 3. Review applications, make recommendations for funding to Commission. Timeline: Review applications in October, approve at Commission Meeting in October Lead: Jackie Peterson E. Continue involvement and funding support of the Summer Sounds on the Beach Concert Series. Schedure Commission members to attend Concerts. Timeline: Summer, 2001 Lead: Lona Bostic, Fran Veiling F. Develop a format for a new event to be held in the City business center. 1. Host a brainstorming breakfast meeting with business and community members. Timeline: February, 2001 Lead: Allan Smith 2. Create a event ad-hoc committee to develop the event and budget. Timeline: March-April, 2001 Lead: Allan Smith 3. Present draft event proposal to Arts Commission/Council. Timeline: June, 200 1 Lead: Allan Smith 4. Prepare budget information for 2002 budget. Timeline: July, 2001 Lead: Allan Smith Cultural Plan Update A small group of Arts Commissioners and members who served on the first Cultural Planning Committee will review the current plan, update and recommend a process for developing a new Cultural Plan. Timeline: Focus group will review the existing Plan in August-October Updated plan presented to Commission November Commission meeting. Lead: Allan Smith 3 Item S.D CITY OF FEDERAL WAY CITY COUNCil PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: February 5, 2001 From: Via: Subject: Camron pa~k CDBG Coordinator David Mosèley anager 2001 CDBG Co tingency Plan ~ision Background - ' On July 17, 2000, the Human Services Commission set their recommended funding and contingency plan for 2001 Community Development Block Grant (CDBG) projects and programs. This recommendation was approved as presented by the PRHSPS Committee on August 7,2000. On August 21, the revised grant estimate for 2001 was received from King County. The revised share added $100,961 to the amount available for capital projects (this was due to an abnormally high number of home repair loans that were paid back during the previous year). The contingency plan established by the Commission and approved by the Committee was used to allocate the additional grant funds. All agencies that applied for capital projects were awarded their requested amounts. With all capital projects funded, there still remained $34,735 unallocated. To address this unallocated amount, the Contingency Plan set a trigger of $50,000 of additional funds. If additional funds stayed below the level, they would be awarded to the FirstHomes first-time homebuyer program. If additional funds exceeded this level, then FirstHomes would maintain their $100,000 request and all additional funds would be bundled into a separate Request for Proposals (RFP) for new eligible capital projects to be released in January 2001. Since the additional unallocated funds totaled $34,735, this amount was tentatively awarded to the FirstHomes program (bringing their award amount to $100,000 plus $34,735 in additional funds). At that time, the possibility of receiving additional funds beyond this amount were believed to be minimal. With the passage of the federal budget, the final grant amount was determined on November 29,2000. The final share included an additional $21,856 available for capital projects, $4,122 for public service programs, and $1,507 for planning and administrative costs. These amounts, factoring in the.$34,735 in previous additional capital funds, exceeds $50,000 and triggers the capital project RFP process. Following the Contingency Plan, FirstHomes would receive their full request of $100,000 and a new capital project would be sought with the additional funds. The total additional funds are $34,735 and $21,856 in capital funds, plus $1,737 in additional public service and planning and administration funds that are transferred to the Capital Project line as per the Contingency Plan. The total sum is $58,328. Proposed Revision At their January 22, 2001 meeting, the Human Services Commission voted to recommend revising the current Contingency Plan. A copy of the proposed revision is included with this packet in a strike-out/underline format. The revision is proposed for the following reasons: . Agencies will begin preparing for the 2002 CDBG allocation in March 2001. To release a separate RFP for 2001 CDBG funds would overlap our 2002 process. This would result in confusion and multiple application preparation for potential applicants. '. While the trigger of $50,000 was reached, it was only exceeded by $8,328. . With Human Services staff and the Commission releasing and reviewing a separate RFP for domestic violence services (with human services general fund), it would be difficult to schedule time for a 2001 CDBG RFP. Under the proposed revision, the RFP process would be eliminated. Additional funds would be granted to the FirstHomes Program bringing their total grant to $150,000 and all remaining funds ($8,328) would be carried over to 2002. This recommendation is consistent with. the intent of the Contingency Plan in allocating additional funds to FirstHomes. There has been a strong demand in the community for this program (a total of $150,000 in CDBG funds was awarded to the program in 1998 and 1999 - it has all been dispersed to twelve new homeowners). As an added benefit, all funds given to this program will be matched by King County. If you have any questions about the proposed revision, please contact me at camronp(ã1fedway.orQ or by phone at (253) 661-4153. Committee Recommendation 1. The Committee recommends approval of the 2001 Community Development Block Grant Revised Contingency Plan, as presented by the Human Services Commission. This recommendation is forwarded to the full City Council for consideration at the February 20,2001 meeting. 2. The Committee recommends approval of the 2001 Community Development Block Grant Revised Contingency Plan, as presented by the Human -Services Commission and modified by the Committee. This recommendation is forwarded to the full City Council for consideration at the February 20, 2001 meeting. ApPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member CITY OF FEDERAL WAY 2001 CDBG CONTINGENCY PLAN The allocation process for year 2001 Community Development Block Grant (CDBG) funds is based upon an estimate of what funds will be available that year. The City will not be informed of its exact grant amount until December 2000. For this reason, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects ~ Any additional funds will be allocated to (1) Hearing, Speech and Deafness Center - Mixed Use Office Building to the requested level of $10,000, then to (2) Oxford House - Clean and Sober Transitional Housing to the requested level of $20,000, then to (3) Senior Services - Mixed Use Office Building to the requested level of $15,000, then to (4) Federal Way Community Caregiving network, FUSION - Transitional Housing to the requested level of $125,000. Additional funds, if under $50,000 in total, will be allocated to HomeSight - First Time Homebuyer Program. If additional funds are in excess of $50,000, funds will be allocated to a project or projects selected through a Request for Proposals (RFP) process carried over to the 2002 CDBG proQram year. Public Service Programs ~ Any additional funds will be allocated to the South King County Multi-Service Center - CARES Child Care Subsidy Program to the requested level or $52,247, with any additional funds allocated to capital projects in accordance with the priority order listed above. Planning and Administration Activities ~ Any additional funds for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects ~ Decreases will first be made to HomeSight - First Time Homebuyer Program down to their requested amount of $100,000, if their award exceeds that amount. Additional decreases will be made to all capital projects, exclusive of South King County Multi-Service Center- Tall Cedars Renovation, in proportion to the percentage decrease in grant funds. Public Service Programs ~ Decreases will be made to all public service programs in proportion to the percentage decrease in grant funds. Planning and Administration Activities ~ Funding for consultant and purchased service activities will be decreased to their full extent before decreases are made to administrative activities. ..... '" ~ió!>!!!i~!jiiW;¡;;i¡I!¡;~iii"itò#Ìi1iJ~!:"'~W'./!'.~:Þii~;:. AP~UCANT >' Council Goal #1 Catholic Community SelVlces ~)h9.I~,<;:<xnmunity SelVlces ",' ¡CathOlic Community SelVlces C¡ltholic Community SelVices C9J11111!!n~:~ealth Centers of King County Community Health Centers of King County El)'W!r~~,hCY:='eedin~rrogi"am ;,"'J"','-,, ' ..',', ' ,~::,¡.;::" ~,,;":';'~, Ft!deral,V'!~yCommunity Careglv1ng ¡.etwork " "." "", """ ' The Joseph Foundation Þregnàn~ Aid of South King County ;tUU1.;tUUZ HUMAN SERVICES FUNDING KEl;OMMcNUAIIUN:; :;UMMAKY PROGRAM Basic Needs After-Hours Voucher Program Emergency Assistance Women's TransJUonal Housing Elizabeth House Dental Care Medical Care Emergency Feeding Emergency Shefter Transitional Shelter Noyes Transitional Home General Operation 1999/2000 FUNDING nla $5,0001$5,000 nla nla $15,000/$15,000 $30,000/$30,000 $4,715/$5,850 $10,000/$10,000 $4,OOOi$4000 $3,000/$3,000 nla 'Notes reduction In Plan B In Council allocation column, bold Indicates change from Commission recommendations 2001/2002 REQUEST $7000/$7,000 $7,000/$7,000 $5000/$5,000 $15450/$15,915 $30,900/$31,827 $6142/$6,449 $15,0001$15,000 $4,000/$4,000 $3,000/$3,000 $2,000/$2,000 Plan A 2001/2002 RECOMMEND (Amount per year) $7,000 $5,000 $15,450 '¡ $30,900 $5,000 $15,000 . '$4,000 $3,000 Plan B 2001/2002 RECOMMEND (Amount per year) $5,000 $5,000 -so $0 $15,450 $30,900 $5,000 $10,000 $4,000 $3,000 $0 City Council 2001/02 ,:atlon 11/, 10 $3,500 $5~000 $0 :¡¡u $0 $0 $15,450 $30,900 $5,000 $10,000 $4,000 $3,000 $0 $0 ",~w,.&hì<~~~i;If.<iJi!Þ~"'~';¡;i"'Iê!¡",i""~.;, , 'Cöúncll Gôäl#1, O<îriUrïUed "",..;,j;~;~~; ':;': ,A~;¿~~~~~'<':" Senior ~eivlces of SeaWe,of KlrigCounty 2001-2002 HUMAN SERVICES FUNDING RECOMMENDATIONS SUMMAKY PROGRAM Congregate Meals Se"Ior8.!ì~~~ of Sea~,oq<lng County' ¡"',' IMeals on WI1eels y,';,,' Senior Services of SeaWe of KIng 'County ,,- "'lVolunteer Transportation SouthJ~li1gCòunty Multi-Seivice Center ,', I,."F'~ , , South Kln~j'<::ôunty Multi:-SêivlóëCenter ' Sl Step~en's Housing ÁSsn, ." <I;? Goal #1 Total ',':0> " " " Auburn Youth Resource BehaviOral Sciences Institute Food and Clothing Bank 1999/2000 FUNDING $1,500/$1,500 $8,000/$8,000 $3,690/$3,690 $29,633/$30,000 $30,0001$35,000 nla - $4,2441$4,244 n/a nla 'Notes reduction in Plan B In Council allocation column, bold indicates change from Commission recommendations Emergencyrrrans, Shelter Case Management , IPublic Safety APPLE Parenting FWTeen Drop-In Center PACT/Counseling 2001/2002 REQUEST $1,500/$1,500 $11,000/$11,000 $6,600/$6,600 $30,0001$30,000 $35,000/$35,000 $5,000/$5,000 - $10,000/$10,000 $20,000$20,000 $22,572/$23,701 2 PlanA 2001/2002 RECOMMEND (Amount per year) $1,650 $11,000 . $6,600 $30,000 )$j35,000 $169,600 37,6% $10,000 . $20,000 . $4,400 Plan 8 2001/2002 RECOMMEND (Amount per year) $1,650 $8,000 $4,500 $30,000 $35,000 $0 $157,500 39.4% $5,000 City Council 2001/02 Allocation 11/21/2000 $1,650 $8,000 $4,500 $30,000 $35,000 $0 $0 $156,000 37,8% $5,000 $0 $10,000 $0 $3,000 ~~~!j;~~~~j¡I.~!hi>~;¡".,,!..~¡;;i'",~~;;Wj¡ 2001.2002 HUMAN SERVICES FUNDING RECOMMENDATIONS SUMMARY ,<!;.i,i1;~6öj¡'nç Oo'al fi2Cbntlnued Public Safety """~~"',,;',J"'" ,,> " ,V' :,.,<e", Plan A Plan B C uncll . "'tl..~,. APPUOANT. PROGRAM 1999/2000 2001/2002 200112002 2001/2002 2001,,- "lIocatlon , FUNDING REQUEST RECOMMEND RECOMMEND 11/21/2000 (Amount per year) (Amount per year) BirthtoThr~ Developmental Center Family Services $20,0001$19,000 $20,0001$20,000 $19,000 $19,000 $19,000 ,,<, Ca~B>~unitySE!rv~s Counseling $3,0001$3,000 $3,500$1$3,500 $0 $0 ,$0 :odi" C~~ES Parent Sup¡>Or(/'Ielwor1\ Parent Support Groups nla $2,000/$2,000 $0 $0 $0 Crisls'qlinic Teen Link nla $1,000/$1,000 $1,000 $1.000 $1,000 ":t~~è" ' " " [)q~J,$f;;:~,'tJomen:~,~li)lwOrk ; Shelter $55,000/$47,000 $65,000/$65,000 $15,000 $15,000 $15,000 ;¡;;,s;": ' II Do~ticVlOlence' Advocacy and Education - - $32,000 $32,000 $27,000 """ '"" " ,', "", ' AdvOê:å~lÈdJCåtion Set ;..Side ';, ,'" FO(~~J:~~l~!~.~~!~CI~~ Operating Support $9,000/$9,000 $20,000$20,000 $10,000 $10,000 $15,O~O ",:, ,;',j' Federal,ï'¡ltYo~lh,.& F~r¡)Ilt~~s ',' Counseling Services $65,0001$58,000 $56,0001$59,740 $58,000 $56,000 $58,000 ,:<~:~"::":"':~V:,. Fede~l~r-:o: & F¡¡milyServices Domestic VIOlence Services $8,0001$8,958 $12,9581$13,347 $9,000 $9,000 $9,000 Federal Way Youth & Family Services Chemical Dependency n/a $12,070/$12,432 $0 $0 $0 ~', GriefWorks: A Bereavement Resource Center Bereavement Services for nla $10,000/$15,000 $0 $0 $0 Federal Way Community .Notes reduction in Plan B In Council allocation column, bold indicates change from Commission recommendations 3 ~1'!>f,ij;:!~iffl¡¡;,>!W.~jl>'¡';¡j¡~i¡¡;:~::;i""";1>'.""'(~;"""" ,~ouncUcÓ~ContinUOd ;"i¿;""'.,""HI""', ",. c' ;:",', i~, ;.".., , "~"'~'(':,1ì.li¡ :~:;:~\\?tf:' ¡,; 'A¡;i>~þA~T , " ;"",.", \W:~~Qnien's As~~9ij, ; " "e ":>,k't.Á:;,i§,,., ,:,!¡':;; , LùtI1è,ra:ñ'~al Seivicës I V~.I~~~i~.es Counseling & Consultation :'Ù:ftlfi'" ,',,',"', Goal 112 Total éit~~~~#\~,ii<~/ . ACAP.Chlld& FamilyServicës :.};¡r~~t},\, "" A,¡,:" ~~I~~nltý ¥ivlèes" , '",,0;. <", Eld!!itf¥.ltlf Northw~st~;;.~",:,. Evergn~~~ Club-The KoreånSehiors Public Safety 2001.2002 HUMAN SERVICES FUNDING RECOMMENDATIONS SUMMARY PROGRAM Comprehensive Sexual Assault Services DV Counseling and Intervention ." Counseling Services Survivors Support and Therapy Self-SuffIciency Subsidized Childcare Volunteer Chore Services Resource and Referral Therapy Assistance Adult Day Health Korean-American Services 199912000 FUNDING $29,1201$29,120 nla nla nla - $6,0001$6,000 nla nla nla $2,6291$2,629 nla "Notes reduction in Plan B In Council allocation column, bold indicates change from Commission recommendations 200112002 REQUEST $34,1201$35,465 $17,6001$17,600 $11,0001$11,000 $24,000/$24,000 - $10,000/$10,000 $5,0001$5,000 $10,000/$10,000 $6,446/$8,446 $6,0001$6,000 $17,4001$17,400 4 PlanA 200112002 RECOMMEND (Amount per year) $30,000 $10,000 . $0 $0 ,$218,400 $6,000 $3,000 $0 $4,000 $3,000 $0 Plan ß 2001/2002 RECOMMEND (Amount per year) $30,000 $179,000 $8,000 $3,000 $4,000 $3,000 City Council 2001102 Allocation 1112112000 $25,000 $0 $5,000 . ¡ $0 $0 $0 $0 $192,000 $8,000 $1,000 $0 $0 $0 $0 $0 $0 -~j¡i¡iO<i!ìiÌ!i\l~~""'!ê\¡j;;~,,,,~~¡,~, 2001-2002 HUMAN SERVICES FUNDING RECOMMENDATIONS SUMMARY :,:",~'Councll Goal #3 Continued" Self.Sufflclency . Plan A Plan B City C 'I APPLICANT PROGRAM 199912000 2001/2002 200112002 2001/2002 2001/02, <ltlon FUNDING REQUEST RECOMMEND RECOMMEND 11121/2000 (Amount pe'r year) (Amount per year) SKC Multi-Service Center Literacy Program $12,0001$12,000 $12,000/$12,000 $12,000 $12,000 $12,000 Washington Women's Employment Computer Applications $6,0001$6,000 $6,000/$6,000 $6,000 $6,000 $6,000 and ,Education Washington Women's Employment Job Readiness $17,500/$17,500 $17,5001$17,500 $17,500 $17,500 $17,500 and ,Ed,~caüon Goal #3 Total - - $53,500 $53,500 $44,500 ".'1, Coun¿I¡'Goal #4 Strong Neighborhoods ' Crisis ,Clinic Telephone Services $3,060/$3,060 $5,000/$6,000 $3,000 $3,000 $3,000 ¡}~,' ;.i.;è:.; " ~7\~1~~" Way YO;u:r~~~;auth Family Services, Laurelwood Gardens Family Ctr, nIa $24,0001$24,000 $0 $0 $10,000 " '" , ' G.T,'B¡jI)SOl1 School,in"Ueu School-in-Lieu $6,000/$6,000 $6,000/$6,000 $0 $0 $0 :,:?t~~ ' ;::~~~<, ' ,," WOr1d,:,!~ion,":"".' KidREACH Tutoring $7,000/$7,000 $11,521/$15,000 $7,000 $7,000 $7,000 Goal #4 Total - - $10,000 $10,000 $20,000 GRAND TOTALS - - $451,500 $400,000 $412,500 K:JCommonHSI200112002 HS Allo<:alioniapplicationtrackingsheetIPlan C 'Notes reduction in Plan B In Council allocation column, bold indicates change from Commission recommendations 5 Item 5.E CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: February 5, 2001 , Ann Guenth r, Hu an Services Manager ¡i/d.- David Mosel anager 201)1 Human S ices One-Time Funding Recommendations Background Each year, a small amount of one-time funding becomes available for allocation to human services providers. Sources of the 2001 one-time funding are unspent human services contract funds and employee donations. The amount of one-time funding available for 2001 is $12,000. Staff has requested to carry forward the unspent contract funds and employee donations from 2000 into 2001 for use in human services contracts. The City Council is scheduled to review carry forward requests on March 6, 2001. Allocation of the 2001 one-time human services funding is contingent upon Council approval of carrying these funds into 2001. At their January 22, 2001 meeting, the Human Services Commission reviewed options for allocating the 2001 one-time human services funding. This memo outlines two options and presents the Commission's recommendation. The Committee is asked to review the options and forward your recommendation for allocating one-time human services funding to the City Council for approval on March 6, 2001. Allocation Options Option 1 - Use the Human Services Commission's recommendations for the $400,000 base funding (Plan B) and allocate the 2001 one-time funding to those programs that were not fully funded. Plan B represents the highest priorities for funding developed and recommended by the Commission. The total unfunded portion of Plan B is $20,500. Since the one-time funding available for 2001 is $12,000, the projects would be funded in priority order until the one-time funds are allocated. In the case below, projects one thru four would be funded (totaling $11,500) and the balance of $500 would be carried into 2002. (For details, see Attachment 1.) -------- ----------- - - --'- - ----- ------- -_.---- ------ - - ------------- ---- -- --'--------------- --- -- - - - - -- - - -- - --- - - - -- --- 1 2001-02 Human Services Commission Recommendations ¡ I Plan B - Unfunded Portions (Prioritized by the Commission on 1/22/01) I I Aqency/Proqram Council Goal (#)* Plan B 2001 Allocation Unfunded Portion! 11) Catholic Comm. Svcs., ¡ I After-Hours Voucher (1) $ 5,000 $ 3,500 $ 1,500 ¡ i 2) Catholic Comm. Svcs., Vol. Chore (3) $ 3,000 $ 1,000 $ 2,000 i ¡ 3) ElderHealth Northwest (3) $ 3,000 $ 0 $ 3,000 I 14) KC Sexual Assault Resource Ctr (2) $30,000 $25,000 $ 5,000 ! 5) Children's Therapy Center (3) $ 4,000 $ 0 $ 4,000 i l_i~ ~~!_:: ~ ~: -~ ~ _:~:_: :_: - ~~ ~:: :~~~~--- ---------~~ 2 , - ~~~--- ---- - --~ ~ ~: -~ ~~------------- --- - - _l~~~~~~~~~ __om ---- - _..J * Council Human Services goals are: 1) Basic Needs, 2) Public Safety, 3) Self-Sufficiency and Independence, and 4) Strong Neighborhoods. Option 2 - Allocate the one-time funding according to the prioritized 2001-02 Contingency Plan. During the 2001-02 Human Services General Funding allocation process, the Commission presented a contingency plan to the City Council to be used for additional funds that become available. At the time the contingency plan was developed, it assumed that Plan B for the $400,000 base funding would be fully funded. The chart below outlines the Contingency Plan's first four priorities for additional funding totaling $16,400. The projects would be funded in priority order until the $12,000 in one-time funds is allocated. In the case below, projects two and three would be funded and project four would receive partial funding of $5,600. (For details, see Attachment 2.) [m__- - m -- - - - - - - - - - - - ---- - - - - - ---'-200-1':02- -¡:¡ u m a - n- - s-ë-rv-¡ë e 5- C om m ¡-S 5 i 0 n'- R ë- c ommeïï-da Ü on s- - -- --- - - _m -- - --- - - - m- -. - - ------1 I Contingency Plan (Prioritized Order) I I AQency/ProQral"!'l ContinQency Plan 2001 Allocation Unfunded Portion I ! 1) Auburn Youth Resources' $10,000 $10,000 $ 0 ! ¡ 2) Korean Women's Association $10,000 $ 5,000 $ 5,000 i ! 3) Behavioral Sciences Institute $ 4,400 $ 3,000 $ 1,400 ! ¡ 4) Auburn Youth Resources2 $10,000 $ 0 $10,000 i L.~-~!?~!~-~~!J S ~~ A ~~~--~~~~~_3._!?~~ d d i~ 0 n ~_E~~~~!~~~~1_--_____m--_____---------______m______m_____~-~_~~.~~E--__--_-----_..J 1,2 - Auburn Youth Resources requested a total of $20,000 and the allocation was recommended in two installments with different priorities. Human Services Commission Recommendation The Human Services Commission recommends Option 1, which is to use the Human Services Commission recommendations for the $400,000 base funding (Plan B) and allocate additional funding to those programs that were not fully funded. This option is consistent with the Commission's intentions of the original recommendations. Plan B represents the Commission's highest priorities for funding. I will be at your February 12th meeting to present these recommendations and answer any questions you may have. If you have any questions before the meeting, please call me at (253) 661-4039. Committee Recommendation 1. Move to approve the 2001 Human Services one-time funding recommendations Option 1, as recommended by the Human Services Commission. Forward to the full City Council for approval on March 6, 2001. 2. Move to approve the 2001 Human Services one-time funding recommendations, Option 2. Forward to the full City Council for approval on March 6, 2001. .APPROVAL OF COMMITTEE REPORT: ,Committee Chair Committee Member Committee.Member i:\councilr\2001one-timefunding2 2 ATTACHMENT 2 2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDED CONTINGENCY PLAN The Commission's recommended funding package totals $451,500. The Commission recommends this amount to address increasing human service needs in the City of Federal Way (Plan A). However, the Commission recognizes the Human Services Fund is currently budgeted at a level of $400,000. For this reason, the Commission has prepared a recommended reduction plan (Plan 8) to accommodate a final amount less than the recommended Plan A level. . SHOULD THE TOTAL GRANT AMOUNT DECREASE Should changes to the Plan A level be necessary, reductions should be made in the following priority order: .. Agency/Program Reduced by for a New Total of , 1. ACAP APPLE Parenting 2. Catholic Community Services After-Hours Voucher Program 3. Senior Services Meals on Wheels 4. Senior Services Volunteer Transportation 5. FW Community Caregiving Network Emergency Shelter 6. Auburn Youth Resources FWTeen Drop-In Center (1) 7. Behavioral Sciences Institute PACT/Counseling 8. Korean Women's Association DV Counseling and Intervention 9. Auburn Youth Resources FW Teen Drop-In Center (2) $5,000 $446,500 $2,000 $444,500 $3,000 $441,500 $2,100 $439,400 $5,000 $434,400 $10,000 $424,400 .. $4,400 $420,000 $10,000 $410,000 $10,000 $400,000 SHOULD ADDmONAL FUNDS BECOME AVAIlABLE: If the final allocation is less than the Commission's Plan A recommendation, and additional. funds become available during the 2001-2002 biennium, this plan should be used in reverse order to fund programs up to the Plan A level. Should funds become available in excess of $451,500, the Commission will prepare a revised contingency plan recommendation at that time. CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Item 5.F Date: February 12, 2001 From: Parks, Recreation, Human Services & Public Safety Council Committee Anne KirkPa:riCk, ~Ir{ of POliceO (. K David MO~ ~a~er City of Fife Jail Interlocal Agreement To: Via: Subject: Background: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with the City of Fife for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Fife Jail. The purpose ofthis Agreement is to set forth the terms and conditions by which the City of Fife will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Fife will provide a minimum of 10 beds per day and shall accept and house a minimum of 10 Federal Way inmates per day. Fife also agrees to make additional beds in excess of 10 available to Federal Way on a "first come, first served" or "space available" basis. The term set forth will begin February 2000 (specific date yet to be determined) and end December 31, 2002 with options to renew automatically for like terms and conditions or terminate this Agreement as outlined in Section 17. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 24 months, the Department is exploring several proactive strategies to reduce jail costs. The benefits realized by this new venture would afford City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Fife Jail and allow the Department to accomplish one of its objectives to reduce jail costs. Fife agrees to accept compensation in the amount of$63.00 per bed/inmate per day and to make any contracted bed not used by Federal Way available for use by other agencies at a minimum charge of $63.00 per bedlinmate per day, and all amounts received from such other agencies will be credited to Federal Way's bill. Both Municipalities agree that Fife will not charge a separate booking fee. Attached is the draft for an lnterlocal Agreement between the City of Federal Way and City of Fife. Committee Recommendation: Motion to approve and accept this request for an Interlocal Agreement between City of Federal Way and City of Fife for the housing of inmates (jail services), and forward to full Council for consideration at its February 20, 2001 meeting. APPROV AL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member ,/I""""/""'/."".",h/,,c!(nI1f)1/"';.i..iI,(,,,. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FIFE, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE FIFE JAIL THIS INTERLOCAL AGREEMENT is made and entered into on this - day of , 2001 by and between the City of Federal Way, Washington, a Washington municipal corporation, and the City of Fife, Washington, municipal corporation, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Fife (hereinafter "Fife") is authorized by law to have charge and custody ofthe City of Fife Jail (hereinafter "Fife Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Fife Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Fife desires accept and keep in its custody such inmate(s) in the Fife Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL A V AILABILITY Fife shall make available for Federal Way prisoners a minimum often (10) beds per day, and shall accept and house a minimum often (10) Federal Way inmates per day. Fife also agrees to make additional beds in excess of ten (10) available to Federal Way on a "first come, first served" or "space available" basis. Interlocal Agreement Between City of Fife/City of Federal Way 02/05/0 I 2. COMPENSA TION (a) Rates. The cost of Fife's care of all Federal Way inmates herein shall be $63.00 per day, per bed/inmate. The parties agree that Fife will not charge a separate booking fee in addition to such rate. (b) Minimum Charge. The City of Federal Way agrees to commit to and pay for ten (10) beds per day, at the rate set forth in Section 2(a) above. Fife shall make any contracted bed not used by Federal Way available for use by other agencies at a minimum charge of $63.00 per bed per day, and all amounts received from such other agencies will be credited to Federal Way's bill as set forth in Section 2( c) below. (b) Billing and payment. Fife agrees to provide Federal Way with an itemized bill listing all names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. The bill shall reflect the minimum charge provided for in Section 2(b) above, and charges for any inmates in excess often (10) inmates per day (under Section 1 above), less credit for all income received by Fife from other agencies for their use of the Federal Way's ten (10) contracted beds as provided for in Section 2 (b) above. Fife agrees to provide said bill by the 10th of each month. Federal Way agrees to make payment to Fife within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY / TYPES OF INMATES (a) Duration of Inmate Stay. The parties agree that the maximum length of stay per inmate, including all time pre- and post-trial, may not exceed 30 calendar days. (b) Types of Inmates accepted by Fife Jail. Fife will not accept female prisoners for booking into the Fife Jail until such time that Fife equips the Fife Jail to accommodate female prisoners. Federal Way may not book felons into the Fife Jail; except that Federal Way may book nonviolent felons for a one-night stay provided that Federal Way transports any such nonviolent felons the following day to another jail facility. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Fife Jail in which Federal Way's inmates are confined in order to determine if such jail maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Fife shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE " . Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Interlocal Agreement Between City of Fife/City of Federal Way 02/05/01 2 6. INMATE ACCOUNTS Fife shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The Chief of Police for Fife shall be accountable to Federal Way for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Fife to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Fife, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. ~ 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Fife Jail. Fife shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services, Federal Way shall pay directly or reimburse Fife for all costs associated with the delivery of any emergency and/or major medical service provided to Federal Way inmates. (b) An adequate record of all such services shall be kept by Fife for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (c) Should medical or dental services require hospitalization, Federal Way agrees to compensate Fife dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting Federal Way's Public Safety Department Watch Commander at (253) 661-4600 prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmates. Interlocal Agreement Between City of Fife/City of Federal Way 02/05/01 3 9. DISCIPLINE Fife shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Fife shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Fife Jail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOV AL FROM THE JAIL A Federal Way inmate legally confined in the Fife Jail shall not be removed therefrom by any person without written authorization from Federal Way or by order of any court having jurisdiction. Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel Fife. In the event of any such emergency removal, Fife shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. ;1 12. ESCAPES In the event any Federal Way inmate shall escape from Fife's custody, Fife will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Fife shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connections therewith shall be chargeable to and borne by Fife; however, Fife shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the Pierce County Coroner shall be notified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Fife shall immediately notify Federal Way of the death of a Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative Interlocal Agreement Between City of Fife/City of Federal Way 02/05/01 4 to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Fife may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Fife's custody. 14. RETAKING OF INMATES Upon request from Fife, Federal Way shall, at its expense, retake any Federal Way inmate within thirty-six (36) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate at the Fife. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate( s) confined pursuant to this Agreement. 16. DURATION This Agreement shall enter into full force and effect from February_, 2001 and end December 31, 2002, subject to earlier termination as provided by Section 17 herein. This Agreement shall be renewed automatically for like successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require Federal Way to house inmates in the Fife Jail continuously. 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Fife Jail by the close of said sixty- (60) day notice period. (b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Fife under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2001) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2001, then Federal Way shall have the option of terminating the Agreement upon written notice Interlocal Agreement Between City of Fife/City of Federal Way 02/05/01 5 to Fife, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way shall compensate Fife for prisoners housed by Fife after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2(a), just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, report, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Fife: City of Fife 3737 Pacific Hwy. E. Fife, W A 98424-2681 Contact Person: James M. Paulson, Chief of Police City of Federal Way: City of Federal Way City Manager's Office P.O. Box 9718 Federal Way, WA 98063-9718 Contact Person: David H. Moseley, City Manager 19. HOLD HARMLESS AND INDEMNIFICATION Fife will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of Fife. Fife shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Fife and Federal Way, its officers, officials, employees, and volunteers, Fife's liability hereunder shall be only to the extent of Fife's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Fife's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Interlocal Agreement Between City of Fife/City of Federal Way 02/05/01 6 20. MISCELLANEOUS (a) Fife shall have the right to refuse to accept more than twelve inmates from Federal Way when, in the opinion of Fife, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Fife shall further have the right to refuse to accept any inmate from Federal Way who, in the judgment of Fife, has a current illness or injury which may adversely affect the operations of the Fife Jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. (c) Federal Way prisoners incarcerated in the Fife Jail pursuant to this Agreement shall be transported to Fife by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Fife is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Fife becomes necessary. (d) In providing services under this contract, Fife is an independent contractor and neither it nor its officers, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of Federal Way under any applicable law, rule or regulation. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY CITY OF FIFE By DAVID H. MOSELEY, City Manager JOE HANNAN, City Manager JAMES M. PAULSON, Chief of Police ATTEST: ATTEST: N. Christine Green, CMC, City Clerk Lynne Goodman, City Clerk-Treasurer DATED: DATED: Interlocal Agreement Between City of Fife/City of Federal Way 02/05/01 7 Approved as to Form: Bob C. Sterbank, City Attorney K:\Interlcl\Jail Services Agmt2 Fife Final 2/5/01 Interlocal Agreement Between City of Fife/City of Federal Way 02/05/0 I Approved as to Form: Loren Combs, City Attorney 8 Item 5.G CITY OF FEDERAL WAY DEP ARTMENT OF PUBLIC SAFETY DEPARTMENT Date: February 12,2001 Subject: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police a [~ ~' David MOS~nager First Amendment to the Chelan County Regional Jail Interlocal Agreement To: From: Via: Background: Effective July 31, 2000, the Department of Public Safety entered into an Interlocal Agreement with Chelan County for a cooperative effort to provide the Federal Way Department of Public Safety with cost-effective housing of in-mates in the Chelan County Regional Jail. Chelan County agreed to perform one (I) transport per week from both the King County Correctional Facility and the Regional Justice Center, and accept and house City inmates for compensation per day per inmate at a rate of$56.00, this includes classification 2 prisoners. Women are to be included at a rate of $60.00 per day. The parties agreed that Chelan County would not charge a separate booking fee. This Agreement also outlined other specific concerns relevant to mutual expectations and responsibilities and expires December 31, 200 I. The Department is requesting authorization to amend two (2) sections in this Interlocal Agreement. I) Duration, Section 2 - To amend and include verbiage stating that the City agrees, prior to sending City prisoners to a jail outside King or Pierce counties, the City will first contact Chelan County to offer Chelan County the opportunity to accept City prisoners should space be available. 2) Compensation, Section 5(a) - To amend the compensation rate to $48.00 per day per inmate, regardless of gender. Bookings will remain a no charge cost. Committee Recommendation: Motion to approve and accept this request for amendment between the City of Federal Way and Chelan County for the housing of inmates, and forward to full Council for consideration at its February 20, 2001 meeting. APPROVAL OF COMMITTEE REPORT: @ômmitteeChair @ommittee Member Comn1ÏtteeMel11ber illaura/ms/agenda/ps/O2120 1 Ichelamen.doc FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY AND THE CITY OF FEDERAL WAY, FOR FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JAIL This First Amendment ("Amendment") is dated effective this day of ,-2001, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Board of County Commissioners of Chelan County, Washington ("Chelan County").- A. The City and Chelan County entered into an Interlocal Agreement dated effective July 31,2000, whereby Chelan County agreed to accept and keep in custody City prisoners in the Chelan County Regional Jail ("Agreement"). B. The City and Chelan County desire to amend the Agreement to reduce rates charged for each inmate in exchange for a commitment from the City giving Chelan County the first opportunity to house City prisoners who the City determines are eligible for post-sentencing incarceration, NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Duration. Section 2 of the Agreement shall be amended as follows: This Agreement shall enter into full force and effect ftom August 1, 2000 and end December 31, 200 I, subj ect to earlier tennination as provided by Section 3 herein. This Agreement shall be renewed automatically for like successive periods under such tenus and conditions as the parties may detennine. Nothing in this Agreement shall be construed to require the City to house inmates in Chelan County continuously. The City agrees. that prior to sending City prisoners to a jail outside of King or Pierce counties. the City will first contact Chelan County to offer Chelan County the opportunity to accept City prisoners into the Chelan County Regional Jail. Chelan County shall accept such prisoners ifbed space is available. 2. Compensation. Section Sea) of the Agreement shall be amended as follows: (a) Rates. Chelan County agrees to perfonn one (I) transport per week ftom both the King County Correctional Facility, SOO Sth Avenue, Seattle, W A and the Regional Justice Center, 401 4th A venue N., Kent, W A, and accept and house City inmates for compensation per day per inmate at the rates of $S6.00 $48.00 per day. This includes classification 2 prisoners. Women are to be included at a rate of$60.00 $48.00 per day. The parties agree that Chelan County will not charge a separate booking fee in addition to such rate. 3. Full Force and Effect. All other terms and conditions ofthe Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: DAVID H. MOSELY, City Manager ATTEST: City Clerk, N. Christine Green, CMC DATED: APPROVED AS TO FORM: Bob C. Sterbank, City Attorney APPROVED AS TO FORM: Susan Hinkle, Chelan County Prosecutor K:\interIcIVail Services Agmt Chelan.! amend 1/26/01 BOARD OF CHELAN COUNTY COMMISSIONERS JOHN A. HUNTER, Chairman ESTHER STEF ANIW, Commissioner JAMES C. LYNCH, Commissioner ATTEST: :~: Kathleen L. Ward, Clerk of the Board DATED: CHELAN COUNTY SHERIFF'S OFFICE Michael L. Brickert, Sheriff - 2 -