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Council PKT 09-07-2004 Regular ~ Federal Way City Council Meeting AG NDA COUNCOC MEMBERS Dean Mq olgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY: AGER David. Moseley , Office of ~ e City Clerk Septe her 7, 2004 I. II. III. a. b. c. d. IV. V. FEDERAL Wi Y CITY COUNCIL Regq.l r Meeting Council CI) mbers - City Hall Sept~ her 7, 2004 (WWlf. ci ofJederalway. com) CALL MEETING TCD PRESENTATIONS PLEASE COMPLETE THE PINK SLIP RESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this tlm . When recognized by the Mayor, please come./onvard to the podium and state your name/or the record LEASE LIMIT YOUR REMARKS TO THREE 3 MINUTES. The Mayor may interrupt citizen comment~1 th t continue too long, relate negatively to other individuals, or arc otherwise inappropriate. CONSENT AGENDA Items listed below have been previously revie ed by a Council Committee of three members and brought be'/Òre ./ilil Council/or approval: all items are enqct d by one motion. Individual items may be removed by a- Councilmember '/Òr separate discussion and lbsequent motion. a. of Federal 2004 S ecial b. c. d. of Enumc1aw & Cit Over please. . . VI. VII. VIII. IX. X. a. b. c. XI. e. f. g. h. 1. Facilities Plan & School PUBLIC HEARING . Staff Report Citizen Commen~ G lease limit remarks to 3 minutes) City Council Delib ration Adoption of200S DBG Proposed Use of Funds . . . INTRODUCTION 0 Council Bill #344/Moto "z d Vehicle Use Code Revision AN ORDINANCE OF THE <tI Y COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATINC)J 0 MOTORIZED FOOT SCOOTERS AND SIMILAR DEVICES, AMENDING AR1fI LE III TO CHAPTER II OF THE FEDERAL WAY CITY CODE, PARK REGU4A IONS AND ADDING A NEW ARTICLE IX TO CHAPTER IS, TRAFFIC AND VEHICLES (Amending Ordinance Nos. 91-82 and 91-91). CITY COUNCIL REP RTS ADJOURNMENT ** THE COUNCIL MA Y ADD AND TAKE Ac1f1 N ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKEl1 I AVAILABLE FOR REVIEW AT CITY HALL AND ON THE CITY'S WEBSITEiU DER "PUBLIC DOCUMENT LIBRARY" MEETING DATE: September 7, 2004 ITEM# CITY OF fF DERAL WAY City Council AGE DA BILL SUBJECT: CITY COUNCIL MEETING MINutE CATEGORY: D CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS D ORDINAN 0 PUBLIC 0 OTHER BUDGET IMPACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: Tr- (cù) $ $ $ ATTACHMENTS: Draft minutes ofthe City Council1R.e ular Meeting held on August 3, 2004, and the City Council Special Meeting held on August 241\ 2004. SUMMARY/BACKGROUND: Official City Council '11 eting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATI N: n/a PROPOSED MOTION: "1 move approval of the draft I inutes from the August 3, 2004 Regular Meeting and the August 24, 2004 Special Meeting, as presented." CITY MANAGER APPROVAL: E COMPLE 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances ol1¡ly) REVISED - 05/10/2001 COUNCIL BILL # 1ST d' rea lUg Enactment reading ORDINANCE # RESOLUTION # FEDERAL W, Y CITY COUNCIL , Council Ch mbers - City Hall August 3~ 004 - 7:00 p.m. Regu ar Meeting I. CALL MEETING TO Q~~~"\ Mayor McColgan called the regular metti g of the Federal Way City Council to order at the hour of7:02 p.m. Councilmembers present: Mayor Dean M Colgan, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jack ovey, Eric Faison, Jim Ferrell, and Mike Parle Staff present: City Manager David Mosel y, City Attorney Pat Richardson, and City Clerk Chris Green. II. Mayor McColgan asked Kevin King to [e d the flag salute. III. PRESENTATIONS a. Mayor McColgan was pleased to presel).t utgoing Ethics Boardmember David Head with a plaque of appreciation for his years of s~r ice to the city. b. Board of Ethics/lntroduati ns & Certificates of A ointment Mayor McColgan was also pleased to aþ. ounce and present Kevin King with a certificate of appointment and Paul Sayan with a qe ificate for an alternate appointment to the Board of Ethics. d. Diversit Commission!I t oductions & Certificates of A ointment reciation PIa ues (outgoing Commissioners) c. Diversit Commission! Councilmember Burbidge was pleased to present Trise Moore and Byron Lightbourne plaques of appreciation for their service 0 the Diversity Commission. Federal Way City Council Regular Meeting Min tes August 3,2004 - Page 2 of9 Councilmember Burbidge was equally pIe sed to introduce and present certificates of appointment to the new Diversity Commi sioners and Alternate Commissioners. She presented certificates to J. Lee Cook, Dør Peterson, Antwan Tinsley, Dawn Williams, Keith Schenkel, Jason Weichert, and Ja~k e Piel; she thanked them all for volunteering their time to the commission. e. A WC Conference Reco i ioniDiversit Commission Mayor McColgan was pleased to recogI).i e Diversity Chair Bryan Cooper and the Diversity Commission on receiving rec~g ition at the Association of Washington Cities Conference. He stated the recognition wa awarded to the Federal Way Diversity for promoting diversity in their community. iversity Chair Bryan Cooper thanked the Council and accepted the award on behalf of the e tire commission. f. This item was postponed to a future Co'im il meeting, as the officer is out of town. g. City Manager David Moseley was please the Public Works Department as the Dev Judy Ferguson has been hired as the Pallt- welcomed them both. to introduce Will Appleton who has returned to opment Services Manager; he further announced ime Parks Administrative Assistant. He h. Community Development Department ID uty Director for Economic Development gave a brief report on the Woman's Reebok Triia halon, which will be held September 11 th and 1 ih at Steel Lake Park, Mayor McColgan reported on the recent ister City Trip to Donghae, Korea and Hachinohe, Japan. He noted the trip waß wonderful opportunity to discuss business and trade between the cities. He encourageq c tizens to become involved in the Sister City Association. IV. CITIZEN COMMEN There was no citizen comment given. V, a. Vouchers-Approved uarterl Financial Re r /June 2004-Approved Council Bill #343/Code I endment U datin Cha ter 6/Criminal Code - Enactment Ordinance-)t roved Ordinance #04-463 New City Hall Flag Plaz~- ulled and Approved Separately Dis osition of Existin Cit Hall - Pulled and Approved Separately Federal Way City Council Regular Meeting Mtn tes August 3, 2004 - Page 3 of 9 b. c. d. e. f. Councilmember Dovey pulled item (f)JD'sposition of Existing City Hall; Councilmember Faison pulled item (e)/New City Hall Fl g Plaza. COUNCILMEMBER DOVEY MO~ D APPROV AL OF CONSENT AGENDA ITEMS (a), (b), (c), AND (d), AS PRESENTED; COUNCILMEMBER PARK SECOND. The motion passed unanirr(o sly as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Item (e)/New City Hall Flag Plaza: Kochmar McColgan Park yes yes yes COUNCILMEMBER FERRELL OVED TO AUTHORIZE THE CITY MANAGER TO CONSTRUCT TaE LARGER FLAG PLAZA DESCRIBED IN THE FEDRAC (FINANCE, EC NOMIC DEVELOPMENT, REGIONAL AFF AIRS COMMITTEE) ST AFF EPORT; DEPUTY MAYOR KOCHMAR SECOND. Councilmember Faison noted he would ot be supporting this expenditure as the budget for the new city hall already has funds a lotted for flags, and would like to see these extra funds spent elsewhere. The motion passed 5-2 as follows: Burbidge Dovey Faison Ferrell yes no no yes Item Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Mfn tes August 3,2004 - Page 4 (~l9 Mayor McColgan asked for a staff rep rt on this item. Management Services Director Iwen Wang gave a brief update on this it m. COUNCILMEMBER FAISON MOV TO AUTHORIZE THE CITY MANAGER TO ENGAGE IN PROFESSION L ASSISTANCE AS APPROPRIATE, INCLUDING BUT NOT LIMITE TO COMMERCIAL REAL EST ATE BROKER, WHEN DISCUSSING WX INTERESTED PARTIES BASED ON THE ABOVE FRAMEWORK ON PO1fE TIAL LEASE AND/OR SALE OF THE EXISTING CITY HALL. IN ADDITI N, STAFF IS TO UPDATE THE COUNCIL ON MATERIAL DEVELOPMENT AND TO ENSURE ALL PROCESSES FOLLOW REQUIREMENT OF STATE AND LOCAL LAWS AND REGULATIONS, WITH ANY FINA TERMS AND CONDITIONS APPROVED BY THE CITY COUNCIL; COUNC[ MEMBER DOVEY SECOND. Councilmembers discussed the need of having outside expertise in the regards to the potential sale or lease of the building. COUNCILMEMBER FERRELL M VED A FRIENDL Y AMENDMENT TO STRIKE "DIRECTLY OR" FROMT E MOTION. Amendment is not accepted, and dies. COUNCILMEMBER FERRELL M VED A FRIENDL Y AMENDMENT TO STRIKE THE WORDS "AS APP OPRIATE"; COUNCILMEMBER FAISON ACCEPTS THE FRIENDLY AMENID ENT. Councilmembers continued to discus the need for industry specific advice and consultation, and to "direct" or "authori e" the City Manager to seek such services. Councilmember Faison withdraws his m in motion as amended. COUNCILMEMBER FERRELL MO ED TO DIRECT THE CITY MANAGER TO ENGAGE IN PROFESSIONAL AS$I T ANCE, INCLUDING BUT NOT LIMITED TO COMMERCIAL REAL EST A E BROKER, WHEN DISCUSSING WITH INTERESTED PARTIES BASE-Ð ON THE ABOVE FRAMEWORK ON POTENTIAL LEASE AND/OR SA E OF THE EXISTING CITY HALL. IN ADDITION, ST AFF IS TO UP ATE THE COUNCIL ON MA TERIAL DEVELOPMENTS AND TO NSURE ALL PROCESSES FOLLOW REQUIREMENTS OF STATE AND OCAL LAWS AND REGULATIONS, WITH ANY FINAL TERMS AND CONDIT NS APPROVED BY THE CITY COUNCIL; DEPUTY MAYOR KOCHMAR SEC ND. Federal Way City Council Regular Meeting Min tes August 3,2004 - Page 5 of9 Many Councilmembers expressed conGe ns over" directing" the City Manager to engage in professional assistance, before the dec sion has been made to sell or lease the building. They additionally felt confident the City Manager would bring back additional information to Council after he had co ulted with various professionals, as he deemed necessary. Deputy Mayor Kochmar and CouncH ember Ferrell restated they would like to see professionals in the respective real estalte industries consulted to better inform the Council before making any further decisions rega ding the sale or lease of the existing city hall. Councilmember Ferrell withdrew his 11110 ion. COUNCILMEMBER FAISON MOV D TO AUTHORIZE THE CITY MANAGER TO ENGAGE IN PROFESSION L ASSIST ANCE AS APPROPRIATE, INCLUDING BUT NOT LIMITED T COMMERCIAL REAL ESTATE BROKER, WHEN DISCUSSING WITH INTER STED PARTIES BASED ON THE ABOVE FRAMEWORK ON POTENTIAL LASE AND/OR SALE OF THE EXISTING CITY HALL. IN ADDITION, STA F IS TO UPDATE THE COUNCIL ON MATERIAL DEVELOPMENTS AN TO ENSURE ALL PROCESSES FOLLOW REQUIREMENT OF STATE AND L CAL LAWS AND REGULATIONS, WITH ANY FINAL TERMS AND CONDIl'I NS APPROVED BY THE CITY COUNCIL; MAYOR MCCOLGAN SECOND. COUNCILMEMBER FAISON CAL S FOR THE QUESTION. Motion dies for a lack of a second. The main motion passed 6-1 as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park no yes yes VI. PUBLIC HEARING 2004 Local Law Enforce . Staff Report Chief Kirkpatrick gave a brief report t Council on the yearly Local Law Enforcement Block Grant (LLEBG). She noted the de artment applies for this federal grant money each year, which is awarded by the Departme of Homeland Security. Federal Way City Council Regular Meeting Mfn te.s Au¡:ust 3,2004 - Page 6 (~f9 . Citizen Comment There was no citizen comment given. . City Council Discu sion - Resolution MOTION MADE BY COUNCILME BER BURBIDGE TO ACCEPT THE 2004 LLEBG AWARD IN THE FEDER!\. AMOUNT OF $23,324.00 AND A LOCAL MATCH IN THE AMOUNT OF $2,99 .00, FOR A TOTAL OF $25,916.00; SECOND MADE BY DEPUTY MAYOR KO HMAR. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes MOTION MADE BY COUNCILM MBER BURBIDGE TO APPROVE THE RESOLUTION TO AUTHORIZE A CEPT ANCE OF THE LLEBG AWARD IN THE FEDERAL AMOUNT OF $23 324.00 AND A LOCAL MATCH IN THE AMOUNT OF $2,592.00; SECOND M DE BY DEPUTY MAYOR KOCHMAR. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kachmar McColgan Park VII. CITY COUNCIL Bij INESS a. yes yes yes ointment Councilmember Park thanked the app~i ants that applied for the Lodging Tax Advisory Committee position that is currently oJ:!>e due to former Committee member Hector Santa Cruz relocating. MOTION MADE BY COUNCI~ EMBER P ARK TO APPOINT GERRY LAMONTAGNE TO FILL AN UN XPIRED TERM ON THE LODGING TAX ADVISORY COMMITTEE THROB H OCTOBER 31, 2005; SECOND MADE BY DEPUTY MAYOR KOCHMAR. The notion passed unanimously as follows: Federal Way City Council Regular Meeting Min tes Augu,~t 3, 2004 - Page 7 (~f 9 Burbidge Dovey Faison Ferrell yes yes yes yes Kachmar McColgan Park yes yes yes b. MOTION MADE BY MAYOR MCa LGAN TO SUSPEND COUNCIL RULES OF PROCEDURE TO CANCEL THE R GULAR MEETING ON AUGUST 17, 2004; AND FURTHER MOVE TO SCHED LE A SPECIAL MEETING ON AUGUST 24, 2004; SECOND MADE BY CO UN' ILMEMBER DOVEY. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes VIII. CITY COUNCIL REP R TS Kochmar McColgan Park yes yes yes Councilmember Faison announced then~ ould be a FinancelEconomic Development/Regional Affairs Special Meting on August 9th at 6:00 p.m" and he further noted the regular meeting of the Financb/ conomic Development/Regional Affairs Committee would be held August 10th at :30 p.m. Both meetings will focus on redevelopment issues for the downtown. Councilmember Dovey announced the pe t meeting of the Land UselTransportation Committee would be held August 16th at :30 p.m. in Council Chambers. He reported on the Sister City Trip and encouraged citize s to get involved in the Sister City Association. Councilmember Burbidge announced tl'¡,e next meeting of the Parks/Recreation/Human Services/Public Safety Committee would be August 9th at 5:00 p.m. She further reported on her attendance at a Government Affairs F rum hosted by the Chamber of Commerce, she thanked everyone involved with the new abitat for Humanity houses in the Westway neighborhood. She also encouraged ev~r one to attend the FUSION event at Dumas Bay, which supports transitional housing for men and children and the Summer Sounds Concerts at Steel Lake Park. Deputy Mayor Kochmar welcomed badk ouncilmembers and the City Manager who recently traveled to our sister cities of PIa hinoe, Japan and Donghae, Korea. She thanked Chief Kirkpatrick for the dedication ofth Patrick Maher Room on the first floor of the new City Hall. She encouraged citizens t attend the upcoming annual Salmon Bake, and Federal Way City Council Regular Meeting Min tes August 3,2004 - Page 8 of9 the Federal Way Festival Days and paraP during the last weekend in August. She also reported the new Metropolitan Market Ha opened near 2151 and Dash Point Road. Councilmember Park reported on the surc ss of the Sister City trip. He thanked everyone involved including staff member Jason Su aka who coordinated the itineraries. He announced the August meeting of the LÇ)d ing Tax Advisory Committee has been canceled; therefore the next meeting worul be September 10lh at 8 :00 a.m. in the new Ci ty Hall. Councilmember Ferrell encouraged evety ne to purchase tickets to FUSION, which is held at Dumas Bay, the proceeds go to support transitional housing for women and children. He noted those who wish to purchase ticke~s ontact the Federal Way Mirror at 253-925-5565. He further commented on requests madtb t him regarding responding to questions during the meeting; he asked the matter be looke into further. Mayor McColgan had no report this eveni g. IX. City Manager David Moseley reported ç lebration Park is very busy with tournament play including the Blast Off Soccer Tournanie t and the Regional Girls Softball Tournament. He reported the New City Hall is coming orward, with Police and Municipal Court adjusting and settling in comfortably. He eported City Hall move would take place August 2151 and 221lù. Mr. Moseley was pleased to report anoth milestone.. . staff conducted the final walk through of the old police department fa~il ty and returned the keys to the landlord. He noted the city is no longer in the leasing b siness. City Manager David Moseley echoed C9 ments of Councilmembers thanking Chief Kirkpatrick for the dedication of the 151 'F or Conference Room in honor of fallen officer Patrick Maher. He further reminded everyone of the u~c ming Festival Days where our Sister City of Hachinohe, Japan is sending a delegation of six women to the festival. He reported they are very excited to come and be a part of the estival Days celebration. x. Mr. Moseley noted the Executive Sessio scheduled for tonight has been canceled. i-CANCELED Federal Way City Council Regular Meeting M'in tes August 3,2004 - Page 9 (~f9 XI. ADJOURNMENT There being nothing further to come befo e the Federal Way City Council, Mayor McColgan adjourned the regular meeting t 8:32 p.m. Stephanie Courtney, CMC Deputy City Clerk FEDERAL W AI CITY COUNCIL Special Meeting New City Hall- 33 25-8th Avenue South Patrick Mahe Room/! st Floor August 24, 2 04 - 7:00 p.m. Q~Þf\ I. CALL MEETING TO ORDER Mayor McColgan called the Special Meeting Of he Federal Way City Council to order at the hour of 7:00 p.m. Councilmembers present: Mayor Dean McCo~g n, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, Ci Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANC Councilmember Ferrell led the flag slaute. III. CITIZEN COMMENT Barbara Reid, encouraged everyone to attend th Festival Days celebration August 27th through the 29th with the parade Saturday morning. H. David Kaplan, spoke in support of the Revis d Sound Transit Oriented Development (TaD) Agreement and the Property Tax Lid Lift on to ight's agenda. IV. PUBLIC HEARING Mayor McColgan read into the record the proc dures to be followed for the public hearing and Federal Way City Council Special Meeting Minutes August 24(/'.2004 - Page 2 of 4 opened the hearing at 7:12 p.m. . Staff Report Federal Way's Park Planner and Development anager Betty Sanders gave a brief presentation to Council regarding the consideration of realloc ting funds from the 2003 CDBG funds from the Thompson Park to the Armstrong Park. . Citizen Comment (pie se limit remarks to 3 minutes) H. David Kaplan, noted this area has been id~n ified as having potential archeological artifacts, he asked for this to be looked into before building e park. Sheryl Nevers, questioned if any artifacts hade er been found at this location. Staff responded that there have not been any artifacts identified at thO site. . City Council Delibera ion/Action Councilmembers asked various questions of Ms Sanders and CDBG Coordinator Kelli O'Donnell. MOTION MADE BY COUNCILMEMBER ~ IDGE TO APPROVE THE REALLOCATION OF $75,000.00 OF THE 2003 CDBG FUN S FROM THE THOMPSON PARK TO THE ARMSTRONG PARK; COUNCILMEMBER OVEY SECOND. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Hearing nothing further, Mayor McColgan c1os d the Public Hearing at 7:30 p.m. v. CITY COUNCIL BU INESS a. Transfer of Funds from t e Paths and Trails Fund to Armstron Park MOTION MADE BY COUNCILMEMBER OVEY TO APPROVE THE TRANSFER OF $65,000.00 FROM THE PATHS AND TRAI S FUND TO ARMSTRONG PARK; SECOND MADE BY COUNCILMEMBER BURBIDG . The motion passed as follows: Federal Way City Council Special Meeting Minutes August 24'\ 2004 - Page 3 of 4 Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes b. Revised Sound Transit City Manger David Moseley gave a brief report to Council reviewing all the modifications. MOTION MADE BY COUNCILMEMBER OVEY TO APPROVE THE REVISED TOD AGREEMENT AS AMENDED BY THE LA D USE/TRANSPORT A TION COMMITTEE AND AUTHORIZATION FOR THE CITY ANAGER TO EXECUTE THE AGREEMENT; SECOND MADE BY COUN ILMEMBER BURBIDGE. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes yes yes yes c. d. North Lake AnnexationA ealEstablishin Election Date - Resolution Redondo East Annexati n ArealEstablishin Election Date - Resolution Parkwa Annexation Aœ IEstablishin Election Date - Resolution e. Community Development Department Associate Planner Isaac Conlen provided a brief report on the annexation items. MOTION MADE BY COUNCILMEMBE~ OVEY TO APPROVE ITEMS (C), (D), AND (E) AS PRESENTED; SECOND MADE BY OUNCILMEMBER PARK. The motion passed unanimously as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes f. Property Tax "Lid Lift" Management Services Director Iwen Wang gav a brief presentation to Council regarding this issue. Councilmembers discussed this item regarding e option to move forward at this time or to Federal Way City Council Special Meeting Minutes August 24th, 2004 - Page 4 of 4 monitor the situation. MOTION MADE BY COUNCILMEMBER F ISON TO DIRECT STAFF TO MONITOR FUTURE DEVELOPMENTS THAT MAY ^ FECT CITY PROPERTY TAX REVENUES AND BRING THE LID LIFT OR OTHER A PROPRIA TE OPTIONS BACK FOR CONSIDERATION; SECOND MADE BY <t: UNCILMEMBER PARK. The motion passed 6- 1 as follows: Burbidge Dovey Faison Ferrell yes yes yes no Kochmar McColgan Park VI. EXECUTIVE SESSIO yes yes yes r uant to RCW. 42.30.140 4 a - Canceled VII. ADJOURNMENT There being nothing further to come before the ederal Way City Council, Mayor McColgan adjourned the special meeting at 8: 15 p.m. Stephanie Courtney, CMC Deputy City Clerk MEETING DATE: September 7, 2004 ITEM# '~Cb) CITY OF F DERAL WAY Ci~y Council AGE DA BILL SUBJECT: Interlocal Agreement between City of ent and City of Federal Way for Vehicle Equipment Maintenance and Repair Services as Requested. CATEGORY: BUDGET IMP ACT: x D 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINAN D PUBLICH 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: PRHS&PS Memo on the Interloca~ greement between City of Kent and City of Federal Way for Vehicle Equip. Maintenance and Repair, and the actual In rlocal Agreement between City of Kent and City of Federal Way for Vehicle Equipment Maintenance and Repair Stir 'ces as Requested. ............................................................................................................"""""""""""""""""""""""",,"""""""""""""""""""""""""""""..............................,..............................................................................................................................................................................................""""..................................""""""""'""""""""""""",,""""""""'" SUMMARYIBACKGROUND: The Federal Way Dep~ ent of Public Safety desires to obtain professional services for the installation, maintenance, and repair for emergency ve icle equipment. Kent has the ability to provide these services and this agreement will allow an efficient method of reqruc 'ng maintenance and repair costs. The rate to be charged by Kent in 2004 is $51.75 per hour and will be reviewed ann ally. Parts and Supplies will be charged at cost plus 12%, and taxes will be applied. CITY COUNCIL COMl\ßTTEE RECOMMENDATI N: Motion to approve and accept the lnterlocal Agreement between City of Kent and City of Federal Way for Vehicle Equipment Maintenance and Repair Services as Requested PROPOSED MOTION: "I move approval of the Intetrlo al Agreement between City of Kent and City of Federal Way for Vehicle Equipment Maintenance and Repair Servicds s Requested." CITY MANAGER APPROVAL: (BELOW TO BE COMPL,£ 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances onfy) COUNCIL BILL # 1ST d. rea mg Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 City of ederal Way CITY OUNCIL PARKS, RECREATION, a MAN SERVICES, AND PUBLIC S FETY To: Parks, Recreation, Humap ervices & Public Safety Council Committee POliceOrl'( . 4jt~~ From: Anne Kirkpatrick, Chief 0 Via: David Moseley, City Man Date: August 9, 2004 Subject: Interlocal Agreement betw en City of Kent and City of Federal Way for Vehic1e Equipment Mainte ance and Repair Services as Requested, Background: The Federal Way Department of Public Safe desires to obtain professional services for the installation, maintenance, and repair for emier ency vehicle equipment. Kent has the ability to provide these services and is willing to exten such service to Federal Way based on the tenus and conditions of the Interlocal Agreement, This agreement will allow an efficient metho of reducing maintenance and repair costs. The rate to be charged by Kent in 2004 is $51.75 pet UL This rate is calculated on the basis of an average of current technician salaries and ben fits plus an 18% markup for administration and overhead. The hourly rate will be reviewed a nually. Parts and Supplies will be charged at cost plus 12%, and taxes will be applied. COMMITTEE ACTION: Motion to approve and accept the Interlo al Agreement between City of Kent and City of Federal Way for Vehicle Equipment Mai tenance and Repair Services as Requested, and forward to full Council for consideration t its September 7, 2004 meeting. APPROV AL BY COMMITTEE: Committee Member Interlocal Agreement Page 1 DR ~f1 ~6~ After recording, return to: Federal Way City Attorney's Office 22520 1 st Way S. PO Box 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMjE T BETWEEN CITY OF KENT AND CITY OF FEDERAL W Y FOR VEHICLE EQUIPMENT MAINTENANCE AND. AIR SERVICES AS REQUESTED This Agreement, made and entered i to this - day of , 2004, by and between City of Kent, Washington, a municipal corporati n (hereinafterreferred to as "Kent") and City of Federal Way, Washington, a municipal corporation ereinafter referred to as "Federal Way"), (collectively "Partie~"). WITNESSETH that: . . A. The Intedocal Cooperation Act, a$ ended, and codified in Chapter 39.34 of the Revised Code of Washington provides for ilit docal cooperation between governmental agencies; and B. Federal Way desires to obtain prdfe sional services as set forth herein for the installation, maintenance, and repair ofFedera¡t ay's emergency vehicle equipment; and C. Kent has the ability and capacity to ovide installation, maintenance and repair services, as outlined herein, and is willing to e tend such service to Federal Way on the tenus and conditions outlined herein; and D. The Parties believe that the provisi n of services to Kent by Kent as set forth herein will allow an efficient method of redu(þi g maintenance and repair costs; and E. A cooperative effort between the¡ arties is essential to ensure that the purposes of this Agreement are fulfilled. NOW, THEREFORE, for and in cp ideration of the procedures contained herein perfonned and to be performed, the Parties hereto agr e as follows: 1. Definitions. As used herein, the ful owing tenus shall have the following meanings: Interlocal Agreement Page 2 a. "Abuse" shall mean any dama$e 0 vehicle equipment caused by misuse or neglect by the equipment operator or other pe ons. b. "Dead-lined" shall mean any ~e . cle equipmentt which cannot be operated unless repairs are made. c. "Disposal" or "Surplused" shall mean a process by which vehicle equipment, are sold, transferred, or discarded. d. "Maintenance and repair" sqal mean those services perfonned for the purpose of sustaining proper function and alue of vehicles and vehicle equipment. Maintenance and repair is divided into sched led and unscheduled services, defined as follows: (i) "Scheduled services" shal,l ean planned and prearranged services such as set-up, repairs, updates, modific::j.ti ns, preventive maintenance, and removal-from-service. " (ii) "Unscheduled services" s4al mean those services perfonned to remedy an immediate unexpected failuret which akes the vehicles and vehicle equipment, inoperative or unsafet including, but no limited to, electrical shorts, defective brackets, or component failure. e. "Modificationt' shall mean the teration, addition, adjustment, or deletion of the original physical structure of vehicle eq . pment. f. "Out-of-service" shall mean v hic1e equipment that has been terminated and is the 'custody of either Kent or Fed~ Way Fleet Services. g. "Parts" or "Supplies" shall ,m an those items used while performing installation, maintenance or repair. h. "Recommended repair" shall tn an a repair needed to fix a diagnosed problem that does not immediately affect the fun tion of the vehicle equipment, but would most likely increase the useful life of the ve . cle equipment and prevent maj or repairs in the future. 1. "Restricted service" shall meân y vehicle equipment, which has been diagnosed with a problem that requires immed~at attention, including, but not limited to, a problem that increases in severity with time d uset or a problem that will become a safety issue. If a vehicle or vehicle equipment is n restricted service, the unit may not be operated for its intended use, but may be drive directly to a repair facility. Interlocal Agreement Page 3 j. "Set-up" shall mean the prtW ation and installation of vehicle equipment and/or components. The set-up ofvehi Ie equipment shall include design, ordering, component development, installation, troub e-shooting, and testing ofinsta1led accessory equipment. k. "Temporary Repair" shall me a short-term repair made in order to return the vehicle equipment to immediate servic while waiting for more permanent repair services. A temporary repair shall be identi ed as a scheduled or unscheduled repair service for work order purposes. 1. "Vehicle Equipment" shall i:hc ude lightbars, radios, camera systems, modems, cell phones, GPS, gun racks, radar; p sh bumpers, partitions, transport seats, strobes, flashers, window bars, K-9 equipment, computers, VRMs, center consoles, sirenslPA, and communication equipment. m. "Warranty" shall mean any pr<r> ises or guarantees made by the manufacturer or vendor. 2. " Purpose. The purpose of this Agre ment is to set forth the terms and conditions by which Kent shall perform maintenance ~ repair services ("Services") for Federal Way, and by which Federal Way will compensat Kent for such Services. 3. Term. The term of this Agreem nt shall commence upon the effective date of this Agreement and shall continue in:e ect until terminated. Either party may terminate this Agreement by giving sixty (60) day written notice to the other. 4. Kent's Services. Kent agrees to pr vide the following Services: a. Maintenance and repair. Ken~ by the City of Federal Way. :EI The normal working hours of 6:00 am to 2:30 pm. 11 provide maintenance and repair services as requested s of operation may vary as agreed to by both Parties. nt Fleet Operation Shops are Monday through Friday, b. Preventative maintenance. K~n agrees to perform preventative maintenance services as requested by Federal Way. Pre entative maintenance is considered a scheduled service and will be performed on and ~ eed upon, prior arranged service date and time. Federal Way will contact Kent to sched Ie the work and deliver the vehicle equipment to Kent's repair facility. c. Unscheduled maintenance. ~ agrees to perform unscheduled maintenance services as requested by Federal Way. Ftd ral Way may arrange for unscheduled maintenance by telephone, email, or radio. T around time for unscheduled repairs will be as soon as possible. Kent will provide estimated completion time as soon as the problem is analyzed and parts availability etermined. Interlocal Agreement Page 4 d. Tem?orarv repairs. Kent agfe s to perform non-safety related temporary repairs as requested by Federal Way. n a temporary repair is performed, Federal Way will schedule for permanent repair. e. Abuse. Kent agrees to report fu se known and/or suspected cases of vehicle equipment abuse to Federal Way. f. Other Equipment. Kent Fleet ervices staff is available to repair and maintain other vehicle equipment as request~d. g. Training. Kent may assist Fe<ie al Way by suggesting specific training needs that may come to the attention of K~n 's Fleet Services staff. Federal Way may request introductory operator training!fì new vehicle equipment. i. Optional parts: Kent will install . requested. d remove optional parts and equipment on vehicles as h. Liaison. Upon request of Fecte I Way, Kent will act as liaison between Federal Way " and other agencies and vendors, as authorized. j. Additional services. Kent will rovide additional services as may be mutually agreed upon by the Parties. k. Reporting. Kent will provide ederal Way with reports reflecting the actual services performed and the cost of the IP vided services. The reports will indicate the monthly and year-to-date totals for all ca egories of services described in the Agreement. 1. Disposal. Federal Way will In age all surplus and disposal processes for Federal Way vehicle equipment. Kent will ~ ist in the evaluation of vehicle equipment at the request of Federal Way. 5. Standard of Care. All obligation and Services of Kent undertaken pursuant to this Agreement shall be performed d*i ently and completely in accordance with professional standards of conduct and perfo~ ceo . To the extent allowed by budgeted funds, Kent staff will remain technological)y current and updated, keeping abreast of any new innovations, applications, techniqu s, and equipment related to fleet management. Kent Fleet Services mechanics and techni ians will attend factory service schools or other training as needed, when available, and as 'rung funds are available. 6. Federal Way's Responsibilities. fe eral Way agrees to the following: Interlocal Agreement Page 5 a. Delivery. Federal W ay agree~ t perform the pick -up and delivery of vehicle equipment to and from Kent's facility. to report vehicle equipment malfunctions and other practical. b. Reporting. Federal Way agre needed repairs to Kent as soon c. Training. Federal Way will pro ide equipment training to its staff and will educates its employees on the proper wa to operate, maintain, and inspect assigned vehicle equipment. d. Vehicle equipment misuse. F deraI Way will endeavor to minimize the improper operation of vehicle equipm~n and Fleet Services will promptly report to Kent any instances of abuse it discover$. . e. Equipment modifications. F~d ral Way will notify Kent of any equipment repairs or modifications completed by an other entity besides Kent on the vehicle equipment " covered by this Agreement. 7. Scheduling of Services. All Service shall commence with a service request made by Federal Way to the Kent Fleet Services S op Supervisor. Federal Way shall notify Kent Fleet Services Shop Supervisor in adlv ce of canceling an appointment. The operational requirements of both Federal Wa and Kent will be taken into consideration when scheduling repairs and maintenanÞe 8. Comvensation. No single work or er shall exceed $10,000 without prior approval from Federal Way. In consideration ofK nt performing the Services, Federal Way agrees to pay Kent an amount calculated as folIo s: a. Hourly Rate. The rate to be charg din 2004 is $51.75 per hour. This rate is calculated on the basis of an average of current,t hnician salaries and benefits plus an 18% markup for administration and overhead. The Hourly rate shall be reviewed annually and may be adjusted to meet salary and benefit djustments related to COLA or market adjustments. b. Parts and Supplies. Parts and ~ plies will be charged on each work order as the actual cost of parts plus a 12% markup fb parts services. c. Resvonsibility for Taxes. The Parties acknowledge that each is responsible for the payment of any taxes imposed by y lawful jurisdiction as a result of the performance and payment of this Agreement. Interlocal Agreement Page 6 d. Materials and Supplies. The J> ies shall provide, at their sole expense, all materials, office space, and other necessities t perfonn their respective duties under this Agreement unless otherwise specified in writin . 9. Method ofPavment. Payment by;F deral Way for the Services will only be made after the Services have been perfonned, a w rk order is submitted in the fonn specified by Federal Way, which work order shall spec fically describe the Services perfonned, the name of Kent's Fleet Services staffperfodni g such Services, the hourly labor charge rate for such staff, and the same is approved by e Federal Way. Payment shall be made on a monthly basis, thirty (30) days after receipt f such work order. All work orders shall be subject to review for mutually agreed upon ~d ustments. 10. Books and Records. Kent agrees to maintain books, records, and documents, which sufficiently and properly reflect alJ ect and indirect costs related to the perfonnance of the . Services. These records shall be su . ect, at all reasonable times, to review by Federal Way. 11. ent of Public Safety " Contact Persons. The Parties stipul e that the following persons shall be the contact person for their respective jurisdiction. a. City of Kent: Kent Fleet Superintendent Kent, W A (253) 856-5680 b. City of Federal Way: Quartennaster City of Federal WayDep 34008 9th Avenue South Federal Way, WA 98003+-6 91 12. Annual Review. The Parties ~ e to review semiannually the effectiveness of this Agreement and to evaluate perro ance. One such review shall occur approximately six months before the submission ofth operating budgets of Kent and Federal Way to aid the budget preparation process. 13. Compliance with Laws. Each party ccepts responsibility for compliance with federal, state, or 10callaws and regulations. Interlocal Agreement Page 7 14. Indemnification. a. Kent Indemnification. Kent agr es to indemnify, defend and hold the Federal Way, its elected officials, commissionè , officers, employees, agents, and volunteers hannless from any and all claims, demaln s, losses, actions and liabilities (including costs and all attorney fees) to or by any andial persons or entities, including, without limitation, their respective agents, licensees, ot r resentatives, arising from, resulting from, or connected with this Agreement to the ext t caused by the negligent acts, errors or omissions of Kent, its elected officials, co ssioners, officers, employees, agents, and volunteers, or by Kent's breach of this Agre~ ent. " b. Federal Way Indemnification. ederal Way agrees to indemnify, defend and hold Kent, its elected officials, commissÍ<tm rs, officers, employees, agents and volunteers hannless from any and all claims, dem ds, losses, actions and liabilities (including costs and attorney fees) to or by any and a 1 persons or entities, including without limitation, their respective agents, licensees, or r presentatives, arising from, resulting from or connected with this Agreement to the exte caused by the negligent acts, errors, or omissions of the City of Federal Way, its elected fficials, commissioners, officers, employees, agents and ,volunteers, or .by Federal WaY' breach of this Agreement. c. Survival. The provisions oftlp.s Indemnification Section shall survive the expiration or tennination of this Agreemen with respect to any event occurring prior to such expiration or tennination. 15. General Provisions. a. Entire Agreement. This Agr~e ent contains all of the agreements of the Parties with respect to any matter covered 10 mentioned in this Agreement and no prior agreements shall be effective for any pUI]1o e. b. Filing. A copy of this Agree~ t shall be filed with the City Clerks for Kent and Federal Way and recorded with the Kin County Auditor. d. Severability. If one or mor of the clauses of this Agreement is found to be unenforceable, illegal, or co$' to public policy, the Agreement will remain in full force and effect except for the d uses that are unenforceable, illegal, or contrary to public policy. c. Amendments. No provision qf . s Agreement may be amended or modified except by written agreement signed by th Parties. Interlocal Agreement Page 8 e. Assignment. Neither Kent not ederal Way shall have the right to transfer or assign, in whole or in part, any or all of ts obligations and rights hereunder without the prior written consent of the other P f. Successors in Interest. Subjec~ t the foregoing Subsection, the rights and obligations of the Parties shall inure to the ben fit of and be binding upon their respective successors in interest, heirs, and assigns. g. Attorneys' fees. In the event e her of the Parties defaults on the performance of any terms of this Agreement or eith Party places the enforcement of this Agreement in the hands of an attorney, or files a I wsuit, each Party shall pay all its own attorneys' fees, costs and expenses. h. No waiver. Failure of Federal ay to declare any breach or default immediately upon the occurrence thereof, or dehjy n taking any action in connection with, shall not waive such breach or default. " i. Applicable Law. Washington aw shall govern the interpretation of this Agreement. .King County. shall be the ~ ue of any arbitration or lawsuit arising out of this Agreement. j. Confidentiality. All informati~ regarding Federal Way obtained byKent in performance of this Agreement shall be coms'dered confidential to the fullest extent allowable under the law. In the event that Kent r ceives a public records request for records covered by or related to this Agreement, I{e t agrees to provide Federal Way 14 days notice prior to "Kent's release of any records. k. Authority. Each individual exe ting this Agreement on behalf of Kent and Federal Way represents and warrants that s,c individuals are duly authorized to execute and deliver the Agreement on behalf of:EQe t or Federal Way. 1. Notices. Any notices requir to be given by the Parties shall be delivered at the addresses set forth below. Any otices may be delivered personally to the addressee of the notice or may be deposited' the United States mail, postage prepaid, to the address set forth below. Any notice sop stedin the United States mail shall be deemed received three (3) days after the date of ailing. m. Performance. Time is of the e$S nce of this Agreement and each and all of its provisions in which performance is a facto. n. Equal Opportunity to Draft. Th Parties have participated and had an equal opportunity to participate in the drafting <]>f . s Agreement, and the Exhibits, if any, attached. No Interlocal Agreement Page 9 ambiguity shall be construed ~ inst any party upon a claim that that party drafted the ambiguous language. IN WITNESS WHEREOF the Patti s have hereunto placed their hand and seals on the day and year indicated below. CITY OF KENT ~ 00 t.} " ATTEST: . This b day. of ~rJd ~ 200 if . A1I-d~~ Brenda Jacober, CM . Kent City Clerk Approved as to Form for City of Kent ~ ~~~- Tom Brubaker, City Attorney P:/Operations/FleetIFEDERAL WAY PROPOS CITY OF FEDERAL WAY BY: David H. Moseley, City Manager Date: ATTEST: This - day of ,20_. N. Christine Green, CMC Federal Way City Clerk Approved as to Form for City of Federal Way Patricia Richardson, City Attorney terlocal agreement federal way. doc MEETING DATE: September 7, 2004 ITEM# Y (C,~ CITY OF f DERAL WAY CUy Council AGE DA BILL X CONSENT D RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINi\N 0 PUBLICH D OTHER BUDGET IMPACT: SUBJECT: Two Additional Secondary Use Vehi(j:l CATEGORY: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: PRHS&PS Memo from Chief Anne Kirkpatrick on Two Additional Secondary Use Vehicles SUMMARY/BACKGROUND: The Federal Way Department of Public Safety is requesÜ g authorization for the use of two additional secondary use vehicles. The two (2) School Resource Officer Positions at were approved and funded in the previous budget will utilize these vehicles. These vehicles would allow the Of cers to go directly to their assigned school, provide them the ability to store their equipment, allow the transport of stu nts, and other fundamental functions related to the police. CITY COUNCIL COMMITTEE RECOMMENDAtI N: Motion to approve and accept the use of Two Additional Secondary Use Vehicles PROPOSED MOTION: "I move approval of the use of wo Additional Secondary Use Vehicles. CITY MANAGER APPROVAL: (BELOW TO BE COMPL,E 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED D T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances onty) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 City of ederal Way CITY COUNCIL PARKS, RECREATION, H MAN SERVICES, AND PUBLIC S FETY To: Parks, Recreation, Human ervices & Public Safety Council Committee /Î Anne Kirkpatrick. Chiefo police//[ ¡C, David Moseley, City MaIIl g~( ~ August 9, 2004 From: Via: Date: Subject: Two Additional Second~ Background: The Federal Way Department of Public Safe is requesting authorization for the use of two additional secondary use vehicles. The two ( ) School Resource Officer Positions that were approved and funded in the previous budget ill utilize these vehicles. These vehicles would allow the Officers to go directly to their assi ed school, provide them the ability to store their equipment, allow the transport of students, a d other fundamental functions related to the police. COMMITTEE ACTION: Motion to approve and accept two (2) Ad itional Secondary Use Vehicles, and forward to full Council for consideration at its Sje tember 7, 2004 meeting. APPROVAL BY COMMITTEE: Committee Member MEETING DATE: September 7, 2004 ITEM# Jl(J) CITY OF F DERAL WAY Ci~y Council AGE DA BILL SUBJECT: Interlocal Agreement for Jail Service$ b tween the City of Enumclaw and the City of Federal Way X CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDIN~N D PUBLICH D OTHER BUDGET IMP ACT: CATEGORY: Amount Budgeted: Expenditur~ Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: PRHS&PS Memo for the Interlocal greement on Enumclaw Jail Services, and the Interlocal Agreement for Jail Services between the City of Enumcla and the City of Federal Way. CITY COUNCIL COMMITTEE RECOMMENDA TI N: Motion to approve and accept the lnterlocal Agreement for the Jail Services between the City of numclaw and the City of Federal Way. ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SUMMARYIBACKGROUND: The Federal Way Depa ment of Public Safety is requesting authorization to designate Enumclaw's Corrections Facility as a place of confineme t for the incarceration of one or more inmates lawfully committed to the City of Federal Way's custody. The rate of compensation would be a daily fee of $50.0(j) er inmate for every 24-hour period calculated from the initial booking time, and all medical costs will be charged to F;e ral Way PROPOSED MOTION: "I move approval of the Intetl al Agreement for the Jail Services between the City of Enumclaw and the City of Federal Way" CITY MANAGER APPROVAL: (BELOW TO BE COMP~E 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 0511012001 City of ederal Way CITY COUNCIL PARKS, RECREATION, It MAN SERVICES, AND PUBLIC S FETY To: Parks, Recreation, Human ervices & Public Safety Council Committee Anne Kirkpatrick, Chiefo Police Of'-(.., David Moseley, City Man geCj'l- ~ August 9, 2004 From: Via: Date: Subject: Interlocal Agreement for J il Services between the City of Enumc1aw and the City of Federal Way Background: The Federal Way Department of Public Safe is requesting authorization to designate Enumclaw's Corrections Facility as a place 0 confinement for the incarceration of one or more inmates lawfully committed to the City of Fe eral Way's custody. The City of Enumclaw accepts the confineme t of Federal Way inmates at the rate of compensation mutually agreed upon in the ached Interlocal Agreement. The daily fee is $50.00 per inmate for every 24-hour period c lculated from the initial booking time, and all medical costs will be charged to Federal Wa COMMITTEE ACTION: Motion to approve and accept the Interlo I Agreement for the Jail Services between the City of Enumclaw and the City of Federa Way, and forward to full Council for consideration at its September 7, 2004 meting Committee Chai Committee Member APPROV AL BY COMMITTEE: .ß~ Federal Way City Attorney's Office 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 DRAft vþ \ç(Ó( After recording, return to: INTERLOCAL AGR EMENT FOR JAIL SERVICES BETWEEN THE CITY OF ENUM LAW AND THE CITY OF FEDERAL WAY This interlocal agreement ("Agreement) is made and entered into between the City of Enumclaw ("Enumclaw"), a municipal! rporation of the State of Washington and the City of Federal Way ("Federal Way"). municipal corporation of the State of Washington. WHEREAS, Enumclaw maintain a municipal detention facility pursuant to RCW 70.48; and WHEREAS, Federal Way does ot maintain a municipal detention facility; and WHEREAS, Federal Way wisije to designate Enumclaw's Corrections Facility as a place of confinement for the incar ration of one or more inmates lawfully committed to the City of Federal Way's custody; AND WHEREAS, the City of Enumdla is amenable to accepting and keeping inmates received from the City of Federal Way nto Enumclaw's custody at its corrections facility for a rate of compensation mutually ag eed to herein; NOW, THEREFORE, pursuant to the! p ovisions of the Interlocal Cooperation Act, RCW 9.34, the City and County Jails Act, R 70.48, and the conditions contained herein, Enumclaw and Federal Way hereby a ree as follows: 1. DEFINITIONS: Unless a context clearly shoW$ nother usage is intended, the following terms shall have these meanings in the Agrle ment: (1) "Booking" means the process ofl ~ istering, screening and examining inmates for confinement in the facility; invent rying and safekeeping inmates' personal property; maintaining all compute ized records of arrest; performing warrant checks; taking standard Police-o photographs for each person booked and held by Enumclaw for Federal Way; a d all other activities associated with processing an inmate, (2) "Corrections Facility" means a pi ce primarily designed, staffed, and used for the housing of adults charged with tri inal offense; for the punishment and correction of offenders after conviction of cri inal offense; or for confinement during a criminal investigation or for civil d tention to enforce a court order. Upon the date Interlocal Agreement for Jail Services 1 of the execution of this agree~n , the term "jail" includes the City of Enumclaw Corrections Facility operated by t e City of Enumclaw pursuant to this Agreement. (3) "Federal Way inmate" means af') i mate housed in the Enumclaw Corrections Facility when a Federal Way char e is the principal basis for confining that person (e.g., the person is confined by re son of a Federal Way ordinance violation- pretrial or post trial). This definiti n includes, but is not limited to: (a) an inmate arrested by and booked by Fed~r I Way Police by reason of an "open charge" or investigation of a felony; (b) an in ate detained after a Federal Way "hold" has been released; or (c) an individua arrested by Federal Way Police and booked and housed in the Enumclaw Corredi ns Facility. (4) "Medical Expenses" means any!a d all costs and fees associated with any form of medical, dental, mental health or I ke treatment including but not limited to doctors fees, hospitalization costs, any ~ s of any medical practitioner, x-rays, MRls, CT scans, dental and vision expense. 2. PURPOSE: It is the purpose of this Agreement provide for the confinement of Federal Way inmat~s in the Enumclaw Correctio s Facility located at 1705 Wells, Enumclaw, Washington 98022. 3. MAILING AND CONTACT A All written notices, reports and corr~ ondence required or allowed by this Agreement shall be sent to the following: Tylf3r M. Chilman As~i ant Jail Commander 1705 Wells Street Enu law, WA 98022 Fax: 360) 825-9492 T el~ 360) 825-8580 City of Enumclaw: Gr$g Vause Jail oordinator Fecil al Way Police Department 3332 8th Avenue South - PO Box 9718 Fecil ralWay, WA 98063-9718 Fax:: 253) 661-4581 Teli: 253) 661-4739 4. JAIL AND HEALTH SERVIC S: City of Federal Way: Enumclaw hereby authorizes the usø f the Enumclaw Corrections Facility by Federal Way for the confinement of Federal Way inmates, subject to available space and Interlocal Agreement for Jail Service$ 2 facilities as may be determined by ttle City of Enumclaw Chief of Police or hislher duly authorized representative, Enumclaw shall accept for confineme t in the Enumclaw Corrections Facility Federal Way inmates and shall furnish Fed~r I Way with access and use of the corrections facility, booking procedures, as defin in Section 2, custodial services, and personnel for confinement of Federal Way inrtl es at least equal to those services Enumclaw provides for confinement of its own in tes, The services provided herein shall include basic medical inspection, Federal Way shall pay all medical ex enses of Federal Way inmates. Federal Way shall indemnify and hold harmless the numclaw for any medical expenses that Federal Way is required to pay on behalf of a ederal Way inmate, Except in those situations deemed to be an emergency by en mclaw, Enumclaw shall notify Federal Way's contact person, identified in Section $, by phone, written letter, email, or facsimile prior to transferring a Federal Way inméjlt to a medical, dental, or psychiatric provider outside of the Enumclaw Corrections Facility or to a hospital for medical, dental, or psychiatric services. Enumclaw shall keep records of all ical, psychiatric or dental services it provides to an inmate. Upon resumption of custo y by Federal Way and in accordance with WAC 289-20-250, Federal Way shall receive a copy or summary of the medical, psychiatric or dental'records held by Enumclaw fot Federal Way inmate. Enumclaw will provide a daily inmate record to the Federal ay Police Department and the Federal Way Municipal Court. . 5. TRANSFER OF CUSTODY: Federal Way inmates shall be dee~d transferred to the custody of Enumclaw when an inmate is booked into the Enumclaw G rrections Facility or where the inmate has been released to the care, custody or contr I of Enumclaw. Except as otherwise allowed by this Agreement, Enumclaw will not trFi sfer custody of any inmate confined pursuant to this Agreement to any agency other t an to Federal Way without written authorization from Federal Way. In accordance with this Agreement, F deral Way inmates will not be allowed to leave the facility for participation in correcti nal work crews, work release programs, home monitoring or any other program in ~i h other inmates sometimes are allowed to leave the physical confines of the facility as part of serving a sentence, unless approval for participation is provided as part of th sentencing order and approved in writing by Federal Way. 6. COMPENSATION: (a) Daily Fee. In return for Enumcl w housing Federal Way inmates, Federal Way shall pay Enumclaw the sum of FifW Dollars ($50.00) per inmate for every 24-hour period calculated from the initial booki g time, or any portion thereof, that said inmate is in the custody of Enumclaw, Interlocal Agreement for Jail Service$ 3 (b) Bookino Fee. Enumclaw sha~1 ot collect a booking fee from Federal Way; however, a booking fee of Forty DolI~r ($40.00), as permitted by RCW 70.48.390, may be collected by Enumclaw from Federa Way inmates. This booking fee will be equal to any booking fee collected from Enumcl w's own inmates, (c) Costs. Federal Way shall pay an medical costs as described in Section 4. (d) Billino, Enumclaw will bill Feqe al Way on the 15th day of each month for all amounts due to Enumclaw under this greement for the services rendered in the prior calendar month, Payment shall be ue from Federal Way by the 15th day of the following month, Account balances ov rdue 30 days or more will be subject to a service charge of 1% per month (12% per ann m), Should it become necessary, Federal Way will pay all collection costs associated ith late payments. Books. Each party may examine the, 0 hers books and records to verify charges. If an examination reveals an improper ch rge, the amount shall be applied to the next month's statement. 7. TERM: This Agreement shall take effect July, 2004, shall extend through July 1, 2005, and shall ~utomatically renew from year to ear unless otherwise modified or terminated as providéd herein. This Agreement be terminated by either party upon 90 days written notice from the party desiring, t rmination. This Agreement may be modified or cancelled in writing so'iong as notide of the proposed modification or cancellation is provided at least 90 days prior to the ate on which such modification or cancellation would become effective. 8. INDEMNIFICATION AND IN URANCE: (a) Indemnification of Enumclaw. ederal Way shall defend, indemnify and hold harmless Enumclaw and its officers,' ents and employees, from any and all claims, actions, suits, liability, damages, lo$s s and expenses of any nature whatsoever by reason of or arising out of any action r omission of Federal Way, its officers, agents and employees in arresting, detaining, arging or transporting third persons, except for injuries and damages caused by the ole negligence of Enumclaw, In the event that any suit based upon such a claim, oss or damage is brought against Enumclaw, Federal Way shall defend the same at ts sole expense, provided that Enumclaw retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment is rel1ld red against Enumclaw, its officers, agents and employees, Federal Way shall satisfy t e same, (b) Indemnification of Federal Way, Enumclaw shall defend, indemnify and hold harmless Federal Way and its offi cerls , agents and employees, from any and all claims, actions, suits. liability. damages, lo$s s and expenses of any nature whatsoever by reason of or arising out of any action r omission of Enumclaw, its officers, agents and employees in confining Federal Wa inmates who have been presented to and accepted by the Enumclaw Correction Facility while said inmates are in the Enumclaw Corrections Facility or in the custody f Enumclaw outside the Enumclaw Corrections Interlocal Agreement for Jail Service$ - 4 Facility, except for injuries and dama~ caused by the sole negligence of Federal Way. In the event that any suit based upon uch a claim, loss or damage is brought against Federal Way, Enumclaw shall def~n the same at its sole expense, provided that Federal Way retains the right to partic'pate in said suit if any principal of governmental or public law is involved; and if final .udgment is rendered against Federal Way, its officers, agents and employees, Enurln law shall satisfy the same, (c) Transfer of Liability, A prisonert hall become the responsibility of the Enumclaw Corrections Facility at the point that t tody is transferred as is described in Section 5. Liability shall transfer to Enumclaw at this point. The arresting agency shall be held harmless by Enumclaw under the te s and conditions of the section for all claims arising out of the detention of the pris ner except for medical expenses. Accordingly, Enumclaw shall be held harmless by F deral Way under the terms of this Agreement for claims arising out of the arrest of the risoner, or arising out of any situation occurring prior to the point where Enumclaw ass mes responsibility for the prisoner. (d) To the extent the claim, damage$, losses and expenses are caused by intentional acts of or by the concurrent neglig nce of the parties their officers, agents, or employees, the indemnification obi gations hereunder shall be limited to the proportionate share of liability as a reed to by the parties to this Agreement or determined by a court of competent jllJr sdiction, (d) Insurance ReQuirement. Each p~ y shall obtain and maintain liability coverage in minimum liability limits of One Millio Dollars ($1,000,000) for its conduct creating liability exposures related to confinem nt of inmates, including general liability, errors and omissions, auto liability and IP lice professional liability, Each party to this Agreement agrees to provide the otha with evidence of insurance coverage in the form of a certificate from a solvent insuran provider confirming coverage from a solvent insurance pool which is sufficient to $d ress the insurance obligations set forth above. 9. NON-DISCRIMINATION PO ICY: Enumclaw will provide equal employm nt opportunity in administering and implementing this Agreement and in administe~i the Enumclaw Corrections Facility. Both Enumclaw and Federal Way agree ot to discriminate in the performance of this Agreement because of race, color, In tional origin, sex, age, religion, creed, marital status, disabled or Vietnam era vetera status, or the presence of any physical, mental, or sensory handicap, 10. WAIVER OF RIGHTS: No waiver of any right under this AgrØ ment shall be effective unless made in writing by an authorized representative of the pa y to be bound thereby, Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or an later nonperformance; nor does payment of a billing or continued performance after otice of a deficiency in performance constitutes acquiescence thereto, Interlocal Agreement for Jail Service$ 5 11. GOVERNING LAW: The parties hereto agree that, except here expressly otherwise provided, the laws and administrative rules and regulations f the State of Washington shall govern in any matter relating to this Agreement and prisoner's confinement under this Agreement. 12. FILING OF AGREEMENT: This Agreement shall be filed with t e City Clerk of the City of Federal Way and recorded with the King County Audit()r s required by law. 13. ENTIRE AGREEMENT: This Agreement represents the entire understanding of the parties. It supersedes any oral representations that are inconsi$t nt with or modify its terms and conditions, IN WITNESS THEREOF, the Parties h ve executed this Agreement. CITY OF ENUMCLAW: CITY OF FEDERAL WAY: Ise, Mayor Date: 1/¡( ~ . David H. Moseley, City Manager Date: ATTEST: ~ ATTEST: N. Christine Green, CMC, City Clerk DATED: 11-1 ;l.-()~ DATED: Approved as to Form: Patricia A. Richardson, City Attorney K:\lnterlocal\Jaii Services Enumclaw Interlocal Agreement for Jail Service$ 6 MEETING DATE: September 7, 2004 ITEM# Y-C ~) CITY OF Jf DERAL WAY CUy Council AGE DA BILL x 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINAN 0 PUBLICH 0 OTHER BUDGET IMP ACT: SUBJECT: Memorandum of Understanding among the participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) CATEGORY: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: PRHS&PS Memo on the MOU for a Regional Automated Information System, and the Memorandum of Understanding. 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OOoooooooooooo oooooo oooooo oooooo SUMMARYIBACKGROUND: The Federal Way Dep~ ment of Public Safety is requesting authorization to participate in the Regional Automated Information Network, which ill connect automated records management systems to: protect the public by assisting law enforcement in solving and pre enting crime and acts of terrorism; protect law enforcement officers by giving them information important to their s~fì ty while out on our streets and highways; connect to other parts of the Criminal Justice System for increased effectiveness and efficiency; and connect to other regional, state, and national information systems. Each agency will bear its own costs in modifying its 0$ nformation technology systems so that they are compatible and can communicate with RAIN CITY COUNCIL COMMITTEE RECOMMENDATI N: Motion to approve and accept the Memorandum of Understanding among the participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) CITY MANAGER APPROVAL: PROPOSED MOTION: "I move approval of ofthe M:e orandum of Understanding among the participating Law Enforcement Agencies forming a Regional Automated In rmation Network (RAIN)" (BELOW TO BE COMP]J,E 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 City of ederal Way CITY 0 UN CIL PARKS, RECREATION, 8 MAN SERVICES, AND PUBLIC $ FETY To: Parks, Recreation, Human ervices & Public Safety Council Committee Anne Kirkpatrick, Chiefo POliC~«. David Moseley, City Man ge~ ~ August 9, 2004 From: Via: Date: Subject: Memorandum ofUndersta ding among the participating Law Enforcement Agencies fo ing a Regional Automated Information Network (RAIN) Background: The Federal Way Department of Public Safe is requesting authorization to participate in the Regional Automated Information Network; hich will connect automated records management systems to: protect the public by assisting 111 enforcement in solving and preventing crime and acts of terrorism; protect law enforcement of cers by giving them information important to their safety while out on our streets and highways; connect to other parts of the Criminal Justice System for increased effectiveness and effici ncy; and connect to other regional, state, and national information systems. Each agency will bear its own costs in modif ing its own information technology systems so that they are compatible and can communicate wi h RAIN COMMITTEE ACTION: Motion to approve and accept the Memo andum of Understanding among the participating Law Enforcement Agencies forming a Regional automated Information Network (RAIN), and forward to full Co ncil for consideration at its September 7, 2004 meeting. APPROVAL BY COMMITTEE: -- Committee Member ~. ~ s.tety RANDUM OF UNDERSTANDING ONG THE PARTICIPATING ENFORCEMENT AGENCIES G A REGIONAL AUTOMATED RMA TI 0 N NE TW 0 RK (RAIN) DR Af1 ~/~/{f """"'" "-,,w-"'~_.._.,+......_,-..J .~". .. . '+~Y~fi.'l[f;jt ..,. SbIriø&""""'" A. PARTNERS The participating agencies to this agree Auburn Police Department Algona Police Department Bellevue Police Department Black Diamond Police Department Bothell Police Department Clyde Hill Police Department Des Moines Police Department Duvall Police Department Enumclaw Police Department Federal Way Police Department Issaquah Police Department Kent Police Department King County Sheriff s Office and its C ntract Cities Kirkland Police Department Lake Forest Park Poli~e Department Medina Police Department Mercer Island Department of Public S ety Nonnandy Park Police Department Pacific Police Department Port of Seattle Police Department Redmond Police Department Renton Police Department Seattle Police Department Snoqualmie Police Department Tukwila Police Department University of Washington Police D~ ent B. PURPOSE The participating agencies desire to eßt blish and maintain a regional automated infonnation network (RAIN) that co$} cts automated records management systems to: 1. Protect the public by assi . g law enforcement in solving and preventing crime and acts of terrorism. 2. Protect law enforcement 0 cers by giving them infonnation important to their safety while out on a streets and highways. 3. Connect to other parts ofth Criminal Justice System for increased effectiveness and efficiency 4. Connect to other regional, s ate, and national infonnation systems. Page 1 F. c. DURATION This agreement shall commence on th~ te it is executed by the second participating agency to execute the agreement and sb. 1. continue until terminated as provided herein. D. AGENCY RESPONSmn...IT S 1. Each participating agency $ 11 bear its own costs in modifying its own information technology syste s so that they are compatible and can communicate with RAIN. 2. Each participating agency $I I defend, indemnify and hold hannless the other parties and their respective el cted officials, agents, and employees against any and all claims, damage~, iabilities, costs and expenses (including, but not limited to, reasonable attOI1l1e 's fees) arising out of, resulting from or incurred in connection with agency's negligent acts or omissions in disseminating or otherwise ing information obtained through RAIN. " 3. Each participating agency a ees to release King County from liability for any damages or costs participatin agencies incur from the actions, or inactions of King County related to ~g ounty's role in hosting the RAIN server. This includes, but is not limited to any failures or malfunctions of the RAIN server '. whether or ~ot caused by . County. E. NTENANCE OF INFORMATION 1. Each partner retains sole oWn rship, exclusive control, and responsibility for I the information it chooses to sIn. e with RAIN. All system entries will be clearly marked to identify the contribti. g party. 2. The contributing party has tjh sole responsibility and accountability for ensuring compliance with all ap licable laws, regulations, policies, and procedures applicable to the p. 's entry and sharing of information with RAIN. 3. Each agency has agreed t share only police records, crime data, and investigative reports with This system is not for intelligence information, Le. reports from confidential iMi rmants. ACCESS TO AND USE OF 1. Each partner connected and ontributing to RAIN agrees to permit the access, and use of such informatiOn y every other partner under the provisions of this Memorandum ofUnderstan . g. 2. Agencies that are not conø ted to RAIN and are not parties to the MOD are not authorized to access I . Only law enforcement agencies may become a RAIN partner agency. Page 2 '". 3. All parties will have ac~e s via a secure Internet connection to all the information in RAIN. Eac agency is responsible for providing its own internet connectivity. " 4. A party may only access when it has a legitimate, official need to know the information for an aut4o . zed law enforcement, counter terrorism, public safety, and/or national se~ 'ty purpose, after receiving training on system use. information for official matters only. 5. An accessing party may us~ 6. RAIN information may not disseminated without first obtaining permission of each party that contribute the information, in accordance with and to the extent permitted by applicab law. 7. RAIN includes an audit ca ability that will log all user actions, including queries executed, and respøn es. G. SECURITY " . 1. Each partner agency will be esponsible for designating those employees who have access to RAIN. Thi$ ystem has been developed with the capability to record each use of the /; tern, including the identity of the individual " . accessing tþe system, anc¡l e time of the access to the system, and the information queried. The sy tem was developed with security in mind. 2. Each party is responsible£; r training those employees authorized to access RAIN regarding the use an dissemination of information obtained from the system. Specifically, empìo ees should be given a clear understanding of the need to verify the reliabiti of the information with the contributing party before using the informatiQn for purposes such as obtaining warrants. H. GOVERNAN CE An Executive Board, composed ofth~ S eriff/Police Chief/Agency Executive, or his/her designee, from each participating ageJlc , shall govern the affairs of RAIN. Each member of the Executive Board shall have an Cþq al vote and voice on all board decisions. Unless otherwise provided, Roberts Revised R es of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shall be elected by its members, together with such other offic rs as a majority of the Board may determine. Thepresiding officer, or any board m ber, may call sessions as necessary. For a meeting to occur, a simple majority of e Executive Board (quorum) must be present. When the Board votes on any matters. simple majority of those present shall be required for passage. A tie vote does no pass the matter. In emergency situations, the presiding officer may conduct a telepho e poll of Board members to resolve any issues. Page 3 I. COMMITTEES .. 1. The Executive Board shall d signåte needed committees such as Users, Technical, and Legal ConuÞï ees. 2. The presiding officers of ~e ommittees shall transmit recommendations to the presiding officer of the ~ ecutive board and meet with him/her. . J. DISCLOSURE REQUESTS Except as required by law or court ord¡er the participating agencies shall not release information obtained from RAIN to the ublic. Public Disclosure Requests and Court Orders for RAIN information received b any of the participating agencies shall be forwarded promptly to the originating!a ency. If the originating agency determines, within the reasonable period of time e$t lished by the receiving agency, that the RAIN information should not be released or is xempt or otherwise protected from disclosure and the receiving agency disagrees, the ceiving agency shall give the originating agency a reasonable period of time, cd istent with any statutory requirements related to disclosure or production laws, to obtain court order preventing the disclosure/release of the.RAIN information prior to releasing e information. " K. TERMINATION Any partner agency may withdraw from this agreement upon thirty (30) days written notice to the other participating agenc1e . This agreement may be terminated in writing executed by all the remaining particip~' gjurisdictions. For the Signature: Name: Title: Police Department/Sheriff's Office: Date: Page 4 MEETING DATE: September 7, 2004 ITEM# J[ ( ,p ) CITY OF F DERAL WAY City Council AGE DA BILL SUBJECT: Interlocal Agreement between Washingto State Department of Corrections and City of Federal Way CATEGORY: BUDGET IMP ACT: X CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINAN D PUBLICH D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: PRHS&PS Memo from ChiefKit1 atrick on the Department of Corrections Interlocal Agreement, and the Interlocal Agreement between Washington State epartment of Corrections and City of Federal Way. SUMMARYIBACKGROUND: The Federal Way artment of Public Safety is proposing to have two (2) DOC personnel assigned to the Federal Way Police Departrtle t five days a week. The Department of Corrections monitors active felons under community supervision in our jurisidi tion. The Agreement is intended to create a closer partnership so that agencies are more proactive in responding to and investigating crimes. We currently have an Agreement for (l) DOC assigned to our Department, which was appro~ by Council in 2002. We have many success stories working directly with our current CCO Officer. By having two (2) CCO's assigned to FWPD, it will create a closer working relationship, thus allowing our agency to better meet th~ eds of our community. (BELOW TO BE COMPtE ED BY CITY CLERKS OFFICE) CITY COUNCIL COMMITTEE RECOMMENDATI N: Motion to approve and accept the Interlocal Agreement between Washington State Department of Corrections ~n City of Federal Way. PROPOSED MOTION: "I move approval of of the Imt local Agreement between Washington State Department of Corrections and City of Federal Way" CITY MANAGER APPROVAL: COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 City of ederal Way CITY OUNCIL PARKS, RECREATION, HUMA SERVICES, AND PUBLIC SAFETY Date: August 9, 2004 To: Parks, Recreation, Human SEjr ices & Public Safety Council Committee Anoe Kirkpatrick, Chief of Pol ce Of 1- , David Moseley, City Mange ~ ~ ashington State Department of Corrections and From: Via: Subject: InteriocaI Agreement between City of Federal Way Back2round: There are currently more than 400 active felons un er community supervision in our jurisdiction. This small group of individuals is responsible for a disproporti nate number of crimes. Department of Corrections (DOC) monitors these individuals by scheduling regular a ointments and also by randomly checking their residences, to ensure that they are complying with the conditi ns of their release. This proposal is to have two (2) DOC personnel a signed to the Federal Way Police Department five days a week. It is intended to create closer partnershi so that agencies are more proactive responding to and investigating crimes. In many incidences, Commu ity Corrections Officers (CCO) have personal knowledge or access DOC data that will aid our officers and tectives to quickly solve a crime. We have many success stories working directly with our current CCO Of cer. By having two (2) CCO's assigned to FWPD, it will create a closer working relationship, thus allowin our agency to better meet the needs of our community. Start-up Costs: There are no costs to the city for the co-location ot er than the use of existing office equipment (i.e. fax, copy machine, and telephone), FWPD will provid¡e workstation for the CCO' s. (Vacant desk at Criminal Investigation Section). DOC will provide a dedic ted phone line for a laptop computer. Committee Recommendation: Motion to approve and accept the Interlocal Agree ent between Washington State Department of Corrections and City of Federal Way, and to forward to full C uncil for consideration at its September 7,2004 meeting. APPROVAL OF COMMITTEE R i/( IV Committee Member After recording, return to: Federal Way City Attorney's Office 33825 8th Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 o~~~1 INTERLÖ AL AGREEMENT . B TWEEN WASHINGTON STATE D PARTMENT OF CORRECTIONS AND CITYO FEDERAL WAY WHEREAS, Chapter 39.34 (Inter~o al Cooperation Act) permits state agencies and local governments to make the most efficientu e of their powers by authorizing them to enter into agreements with each other, in order to pro 'de services and facilities in a manner best serving the needs and development of their local comrn nities; and WHEREAS, the City of Federal Wa 's Department of Public Safety (hereinafter "City") is charged by the Federal Way City Code with e protection of all persons and property within the City limits; and WHEREAS, the Washington Stat Department of Corrections (hereinafter "DOC") is responsible for enforcement of probation se tences of felony offenders, including those residing or working within the City of Federal Way; WHEREAS, the City and DOC desi e to enter into an interlocal agreement to improvement their respective abilities to carry out their,p blic safety responsibilities; NOW, THEREFORE, THE UNDE SIGNED JURISDICTIONS AGREE AS FOLLOWS: 1. City Responsibilities. TheC ty of Federal Way agrees that the City will: Provide office space or two Community Corrections Officers at the Federal Way Department cPf Public Safety, 33825 8th Avenue South. The office spaces will be avail Ie to DOC seven days a week, twenty-four hours per day. A. B. Allow the Comm~n ty Corrections Officers to use the facsimile and copy machines that are ge erally available for Department of Public Safety staff. Provide access entry codes to the Community Corrections Officers assigned to Federal Way, to acilitate their access seven days a week, twenty-four hours per day. C. D. Provide a dedicated elephone line suitable for use of a laptop computer, and a connection to inco ing telephone lines, Department of Corrections Interlocal Agreement Page 2 E. Provide janitorial se ice for the office space. 2. DOC Responsibilities. The OC agrees that the DOC will: 3. A. Keep the office spac provided under Section I.A above clean, Staff the office at the City with two Community Corrections Officers, who may work varying Sc edules, and occasionally together, generally weekdays, Monday through Fri ay from 8 a.m, to 5 p,m. B. C. The Community Co ections Officers will wear DOC identification at all times while in the p partment of Public Safety or other City facilities, Maintain a visitors log, and require all visitors to the Community Corrections Officer a the Department of Public Safety to sign their names in the log and enter the ime at which they enter and exit the building, D. Schedule the offep ers' visits to ensure that a manageable number of offenders are in the epartment of Public Safety at any time, and that these visits do not creatCi 0 cause disruptions. E. F. Escort all visitors to the Community Corrections Officer at all times such visitors are in the I;>e artment of Public Safety. G. Arrest any offenders within DOC jurisdiction, unless DOC has made prior arrangements with't e City of Federal Way on-duty Watch Commander. Transport anyoffdn er arrested by DOC to the local county jail, except in cases where any DO offender is arrested on a valid warrant, in which case the City's Departm t of Public Safety will transport the offender to the county jailor the jail of any governmental entity contracting with the City of , Federal Way. H. Access to Infonnation. Access to all DOGc mputer systems and files is restricted to the Community Corrections Officcrr. DOC will follow its policy for dissemination of any infonnation from its computer systems and files. A. Access to all City computer systems and files are restricted to police personnel. The Cit will follow its policy and applicable law concerning dissemination of àll olice infonnation. B. Department of Corrections Interlocal Agreement Page 3 4. Independent Entities. The pies recognize that each is a separate governmental entity, and neither represents, acts on beh~l or is the agent of the other. 5. Term. This Agreement shaH alee effect immediately and shall continue in effect unti 1 terminated. Either party may terminate it b giving thirty (30) days written notice to the other. 6. Compliance with Laws. Ea h party shall be responsible for compliance with all applicable federal, state, or local laws an~ r gulations. 7. Indemnification. . Each party to this Agreement agrees 0 defend, indemnify and hold the other party, its elected officiaL~, officers, employees, agents, and v lunteers harmless from any and all claims, demands, losses, actions and liabilities (including cos s and all attorney fees) to or by any and all persons or entities, including, without limitation, their espective agents, licensees, or representatives, arising from, resultIng from, or connected with t4is Agreement, to the extent caused by the negligent acts, errors or omissions of that party, its elected officials, commissioners, officers, employees, agents, and volunteers, or by breach of this Agree ent. a. Supervisor ofthe Federal. y Department of Corrections Office: Survival. The provisions of this Sec ion 7 shall survive the expiration or termination of this Agreement with respect to any event occ . ng prior to such expiration or termination.. 8. Contact Persons. The partie stipulate that the following persons shall be the contact person for their respective jurisdiction. Suzann Braverman Department of Correctionß 606 W. Growe Kent, W A 98032 Phone: (253) 372-6440 Fax: (253) 372-6184 b. City of Federal Way: Federal Way Criminal Inve tigations Section Commander 34008 9th Ave S. Federal Way, WA 98003 (253) 835-6715 Department of Corrections Interlocal Agreement Page 4 9, Filing. A copy of this Agrqe ent shall be filed with the Secretary of State, the City Clerk of the City of Federal Way, and rec<l>r ed with the King County Auditor. "11. 10, a. Waive any defense arising iO t of RCW Title 51. b. Limit or restrict the ability 0 either entity or employee or legal counsel for either entity or employee to exenHs any right, defense or remedy which a party to a lawsuit may have with respe t to claims of third parties, including, but not limited to, any good faith attempts; t seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. General Provisions. a. Entire Agreement. his Agreement contains all of the agreements of the Parties with respect t any matter covered or mentioned in this Agreement. Modification. No pr vision ofthis Agreement may be amended or modified except by written ~ ement signed by the Parties. Succession. This A. eement shall be binding upon and inure to the benefit of the Parties' succes~o in interest, heirs and assigns. Severability. Any pr vision of this Agreement which is declared invalid or illegal shall in no wa affect or invalidate any other provision. Default. In the event either of the Parties defaults on the performance of any terms of this Agr¡;:e ent or either Party places the enforcement of this Agreement in the ds of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. Venue. The venue r any dispute related to this Agreement shall be King County, Washington Waiver. Failure of e City to declare any breach or default immediately upon the occurren~e hereof, or delay in taking any action in connection with, shall not waive suc breach or default. Time is of the essence of this Agreement and eac and all of its provisions in which performance is a factor. b. c. d. e. f. g. Department of Corrections Interlocal Agreement Page 5 IN WITNESS WHEREOF the patti s have hereunto placed their hand and seals on the day and year indicated. WASHINGTON ST ATE DEPARTMENT OF CORRECTIONS BY: Jim Blodgett Regional Administrator Date: " ATTEST: This - day of , 2004. Approved as to Form for the City of Federal Way: City Attorney, Pat Richardson N. Christine Green, CMC Federal Way City Clerk K:\INTERLCL\DOC 12-19-01 CITY OF FEDERAL WAY BY: Date: David H. Moseley City Manager MEETING DATE: September 7, 2004 CITY OF F DERAL WAY City Council AGE DA BILL SUBJECT: Washington State - FFYO3 SHSGP-l ,E uipment Grant King County CATEGORY: X CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINAN 0 PUBLIC H 0 OTHER ITEM# Jt C ~ ) BUDGET IMP ACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: PRHS&PS Memo from Chief Kirkpa ick on the FFYO3 SHSGP-l Equipment Grant, letter to Mayor Dean McColgan, Index of Attachments, and Attachments, B, C, D, E, and Hand Receipt ...............................................................................................................................................................................................................................................................,........................................................................................................................................................................................................................................................................ .... ......... SUMMARY/BACKGROUND: The Federal Way Depar ent of Public Safety is requesting authorization to accept the FFYO3 SHSGP-l Equipment Grant. The purpose of the ant funding is to purchase equipment to ensure that the nation's state and local emergency responders have the equipment equired to properly respond to all hazards including terrorist incidents involving weapons of mass destruction. The projected list of equipment to be distributed to our jur sdiction totals $1,365.91. A complete list of items is shown on the PRHS&PS memo attached. CITY COUNCIL COMMITTEE RECOMMENDATI N: Motion to approve the Washington State - FFYO3 SHSGP- 1 Equipment Grant - King County. PROPOSED MOTION: "I move approval of the W~s ington State - FFYO3 SHSGP-I Equipment Grant King County CITY MANAGER APPROVAL: (BELOW TO BE COMPtE 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDfDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED - 05/10/2001 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # City of ederal Way CITY OUNCIL PARKS, RECREATION, H MAN SERVICES, AND PUBLIC S FETY To: Parks, Recreation, Human ervices & Public Safety Council Committee From: Anne Kirkpatrick, Chief 0 /). Police c/ fl:. erCÖ~ ~ Via: David Moseley, City Man Date: August 9, 2004 Subject: Washington State - FFYO3 SHSGP-l Equipment Grant King County Background: The Federal Way Department of Public Safe is requesting authorization to accept the FFY03 SHSGP-l Equipment Grant. The purpose of he grant funding is to purcI-lase equipment, in accordance with existing strategic plans, toe sure that the nation's state and local emergency responders have the equipment required to pr perly respond to all hazards including terrorist incidents involving weapons of mass destruct on. Following is the projected list of equipment t be distributed to our jurisdiction: 24 Nitrile Gloves, .022 minimu thickness, used with LvI B/C ensemble 24 Chemtape, 2 x 60 yds, 24 rbl s / case 24 Level B/C hooded chemical rotective suit, Model CPF-3 with 2k option, sold 6 per case Latex Champion Bootie, Sol 50 pair/case Tax @ 8.8% $82.32 $266.40 24 $861.12 $45.60 $110.47 $1,365.91 Grand Total COMMITTEE ACTION: Motion to approve and accept the Washi ton State - FFY03 SHSGP-l Equipment Grant - King County and forward to full Colinc 1 for consideration at its September 7, 2004 meeting APPROV AL BY COMMITTEE: Committee Member , May 15, 2004 The Honorable Dean McColgan Mayor City of Federal Way PO Box 9718 Federal Way, Washington 98063-9718 Dear Mayor McColgan: The state of Washington was awarded $7,92~,0 0 in Federal Fiscal Year (FFY) 2003, by the Department of Homeland Security (DHS), OffiÞ of Justice Programs, Office for Domestic Preparedness State Homeland Security Grant rogram - Phase I (SHSGP-1) for equipment purchases. Attached are the documents that' act your agency as a sub-recipient under the FFY03 SHSGP-1 Grant. The Washington State Milita Department was designated the State Administrative Agency for this grant program and worked clo~ Iy with county emergency management agencies to effectively make use of this resource through th assessment process. The purpose of the grant .funding is to purchase equipment, in accordaI'l with existing strategic plans, to ensure that the nation's state and local emergency responders ave the equipment required to properly respond to all hazards including terrorist incidents involving w apons of mass destruction (WMD). This equipment will be used as part of the mutual aid response m all WMD equipment recipient agencies in King County including Law Enforcement, Fire, EMS, ospitals, Public Health, Public Works, and Emergency Management providers. Attachment A provides the projected list of eq!Ji ment that will be distributed to your jurisdiction through FFY03 funds. This list is an estima~e of the equipment that your jurisdiction will receive and is subject to change due to price fluctu ion, tax variance, shipping costs, etc. Please review the attached list, and provide an autho~i ing signature to verify your jurisdiction will receive the listed equipment. If your jurisdiction wishes tö aive the order of some, or all, of the equipment listed, please notify the King County Office of Emerge cy Management in writing at 3511 NE 2" Street, Renton, WA 98056. KC OEM's point of contact is Mr. Shad Burcham; he can be reached at 206-205- 4072. The decisions on WMD equipment types and di tribution were made by a multi-disciplinary team comprised of representatives of Bellevue, Port f Seattle, and Seattle Fire departments, Kent and Seattle Police, King County Sheriff's Office (~C O), Seattle Public Utilities, Soos Creek and Cedar River Water/Sewer Districts, Tukwila Public Wo s, King County Department of Natural Resources & Parks, King County Police Chief's Association, I cal emergency management agencies, Seattle-King Public Health, local emergency medical service, and King County Fire Chiefs Association, . Population, geography, potential targets, and! h zardous materials response capabilities were included in the decision making process .for eq ipment allocation. . Attachment B lists the certifications and assura ces the U.S. DHS requires as part of the grant package. As a recipient of federal funding, the Military Department and King County made certain assurances to the U.S. OHS in the grant applli tion. Thé sub-recipient agencies must also abide by the assurances. Specifically, non-discrimina~io and lobbying requirements require certifications by sub-recipients of the funding under this grant. The federal funding also places property mara ement responsibility on the Washington State Military Department, King County, and its sub-recipient. Attachment C provides the Department of Ham land Security (DHS) Property and Equipment Post Award Requirements, which will become the re ponsibility of the final recipient (receiving jurisdiction) of the equipment. Attachment D is the Distribution Agreement, be een King County and the final receiving jurisdiction for property management. King County is acti as a pass through agency for the purchase and distribution of the equipment purchased with th grant funds. Once the equipment is delivered it becomes the property of, and responsibility of, the final receiving jurisdictions to provide training, maintenance, and storage. The fin I receiving jurisdictions will be responsible for the inventory accountability to King County OE and the Military Department for DHS audits on the items accepted by that jurisdiction. Alth ugh Congress has appropriated significant funding for this equipment, this grant does not mandate th t your jurisdiction purchase replacement equipment. Attachment E r~quests the pqint of contact info ation in your jurisdiction. The equipment purchased with these grant funds must be distributed in a cordance with the DHS process. Please provide the point of contact information for delivery of all e uipment. Equipment will be delivered to multiple locations in King County and it will be the resp nsibility of the final receiving jurisdictions to pick up equipment if it is not delivered directly to the ju isdiction. Attachment F is a sample hand receipt that V\(iII accompany each delivery. Please complete the Index of Attachments, a~o g with Attachments A, B, 0, and E. If you have questions please call Mr. Shad Burcham at 20 -205-4072. When signed please mail to Mr. Burcham at: . King County Office of Emergen Management (OEM) 3511 NE 2nd Street, Renton, \IV 98056 Thank you for your immediate attention to th$s requests, and your support on this critical issue, Sincerely, &::Å. I~ Eric Holdeman Director, Office of Emergency Management Department of Executive Services (DES) Attachments Shad Burcham, Program Manager, qE ,DES INDEX QF ATTACHMENTS Washington State - Fff 3 SHSGP-1 Equipment Grant K~n County This list is a summary of the attachments di cussed in the letter and also indicates the action needed by the recipient agency. Attachment A: WMD 03 Equipment Pr~j cted to be Distributed from Washington State Military Department through King Count (Attachment must be signed and sizes must be provided.) Signed: Yes No Sizes Provided: Yes No Attachment B: Certifications and Ass~r nces (Attachment must be signed.) Signed: Yes No Attachment C: Department of Justice IÞr perty and Equipment Post Award " Requirements Please initial: Concur. Attachment D: Distribution Agreement ( ttachment must be signed.) Signed: Yes No Attachment E: Agency Point of Contact or Delivery Completed (Please initial): Yes No Attachment F: Sample Hand Receipt . Please initial: Concur i A tachment A King County - FFYO3 SHSGP-1 Grant Name of Jurisdiction or Agency: City of Fe ~eral Way Contact Person: Cdr Greg Wilson Equipment Category Personal Protective Personal Protective Personal Protective Personal Protective WMD 03 EQUIPMENT PF OJECTED TO BE DISTRIBUTED FROM WASHINGTON STA E MILITARY DEPARTMENT TH~OUGH KC OEM TO City a Federal Way Item Nitrile gloves, .022 minimum thickness, used with Lvi B/C ensemble Chemtape, 2'x60 yds, 24 rolls/case LeveiB/C hooded chemical protective suit. Model CPF-3, with 2k option, $old 6 per case Latex Champion Bootie, Sold 510 pair/case" Unit Cost Qty 3.43 24 Total Cost $82,32 $266.40 $861,12 $45,60 8,8% $110.47 $1,365.91 Discipline LE(24 ) LE (24) LE (24) LE(24 ) I, on behalf of the City of Federal Way, agrße to accept the equipment listed above, If any significant changes are made, I will be n6ti led by the King County Office of Emergency Management, prior to the order being pl~cE~d. 11.10 24 35,88 24 1,90 24 Total J Jrisdictional Request: Sales Tax: Authorized Signature Title" City of Federal Way Page 1 of 1 Grand Total: ,'. '", " , ,,'.'.'.:: ;';::;~. . . . , . , '.' . , . . ' . '!..~, ~ ~ . . . , , . , , . ."'. . , . ,'. . "," A tachment B King County FFYO3 SHSGP-1 Grant CERTIFICATIO S AND ASSURANCES As a sub-recipient of equipment purcl[t sed with federal funds under the STATE DOMESTIC PREPAREDNESS PROG M grant, Award Number 2002-TE-CX-0131 (CFDA 16.007), the City of Federal Wa makes the following certifications and assurances: 1. OMNIBUS CRIME CONTROL ND SAFE STREETS ACT OF 1968: It will comply with the applicable prowi ions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, a amended, the Juvenile Justice and Delinquency Prevention Act, or e Victims of Crime Act, as appropriate; the provisions of the current edition f the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regula ions. 2. CIVIL RIGHTS: It will comply w th the nondiscrimination requirements of the Omnibus Crime Control and Sa Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section! 5 4 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of t e Americans with Disabilities Act (ADA) (1990); " Title IX of the Education Amend ents of 1972; the Age Discrimination Act of 1975; Department of Justice No -Discrimination Regulations, 28 CFR Part 42, Sul;>parts C,D, E;, and G; and ~ partment of Justice regulations on disability discrimination, 28 CFR Part 35 nd Part 39. 3. LOBBYING: As required by $e tion 1352 of the U.S. Code, and implemented at 28 CFR Part 69, for persons ntering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: a) No Federal appropriated fundS ave been paid or will be paid, by or on behalf of the undersigned, to any persoln or influencing or attempting to influence an officer or employee of any agen y, a Member of Congress, an officer or employee of Congress, or an e ployee of a Member of Congress in connection with the making of any Federal rant, the entering into of any cooperative agreement, and the extension, ontinuation, renewal, amendment, or modification of any Federal gra t or cooperative agreement; b) If any funds other than Federal ppropriated funds have been paid or will be paid to any person for influen<þi g or attempting to influence an officer or employee of any agency, a Me ber of Congress, an officer or employee of Congress, or an employee of a ember of Congress in connection with this Federal grant or cooperative é!1g eement, the undersigned shall complete and submit Standard Form - LLL, II isclosure of Lobbying Activities," in accordance with its instructions. c) The undersigned shall require t at the language of this certification be included in the award documents for all ub-awards at all tiers (including sub grants, A achment B King County FFYO3 SHSGP-1 Grant contracts under grants and co<pp rative agreements, and subcontracts) and that all sub-recipients shall certify an disclose accordingly. Authorized Signature illj) :~.' :::::;:::: :;;;;; /; Title City of Federal Way Date " Pa e 2 of 2 achment C FFYO3 SHSGP-1 Grant PART 111-- POST AWARD REQUIREMENTS . Chapter 1: Payments . Chapter 2: Period of Availability of Funds . Chapter 3: Matchinq or Cost Sharinq . Chapter 4: ProQram Income . Chapter 5: Adjustments to Awards . Chapter 6: Property and Equipment . Chapter 7: Allowable Costs . Chapter 8: Confidential Funds . Chapter 9: Sub awards . Chapter 10: Procurements Under Awards of Federal Assistance uirements for Records . Pa e 1 of 3 A achment C King County FFYO3 SHSGP-1 Grant Chapter 6: Ptro erty and Equipment Acquisition of Property and Equipm nt. Recipients/sub recipients are required to be prudent in the acquisition and mama ement of property with Federal funds. Expenditure of funds for the acquisiticp of new property, when suitable property required for the successful execution 0 projects is already available within the recipient or sub recipient organizatior1t, ill be considered an unnecessary expenditure. Note: Equipment purchased using fun s made available under Federal grants shall be year 2000 compliant and shall be able 0 process all time/date data after December 31,1999. Screening. Careful screening should t ke place before acquiring property in order to ensure that it is needed with particular onsideration given to whether equipment already in the possession of the reci¡:¡>i nt/sub recipient organization can meet identified needs. While there is no pre cribed standard for such review, recipient/sub recipient procedures may establish lev Is of review dependent on factors such as the cost of the proposed equipment and th size of the recipient or sub recipient organization. The establishment of a creening committee may facilitate the process; however, a recipient or sub recipient ay utilize other management techniques, which it finds effective as a basis for deternhi ing that the property is needed and that it is not already available within the recipient~s rganization. The awarding agency's program mol1'lit rs must ensure that the screening referenced above takes place and that the recipie t/sub recipient has an effective system for property management. Recipients/su recipients are hereby informed that if the awarding agency is made aware that t e recipient/sub recipient does not employ an adequate property management syste ,project costs associated with the acquisition of the property may be disallowed. Loss, Damage, or Theft of Equip",e t. Recipients/sub recipients are responsible for replacing or repairing the property, wh ch is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, da age, or theft of the property must be investigated and fully documented an made part of the official project records. Real Property Acquired with Formu a Funds. 1. Land Acquisition. Block/formula f nds CANNOT be used for land acquisition. 2. Title. Subject to the obligations an conditions set forth in the award, title to real property acquired under an award or ubaward vests, upon acquisition, in the recipient or sub recipient. 3. Use of Real Property. The recipie t and its sub recipients may use real property acquired, in whole or in part, with Fed ral funds for the authorized purposes of the original grant or sub award as long as needed for that purpose. The sub recipients shall maintain an inventory report, Wh ch identifies real property acquired, in whole or P ge 2 of 3 ,A achment C King County FFYO3 SHSGP-1 Grant in part, with block or formula funds. Th recipient or sub recipient shall not dispose of or encumber its title or other interests. 4. Disposition. The sub recipient shall obtain approval for the use of the real property in other projects when the sub recipi~n determines that the real property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federally sponsored proj~ ts or programs that'have purposes consistent with those authorized for support by th State. When the real property is no longer needed as provided above, the sub re ipient shall request disposition instructions from the State. The State shall exercise one of the following: a. Direct the real property to be transfe red to another sub recipient or a criminal justice activity needing the property, þr vided that use of such real property is consistent with those objectives authb zed for support by the State. b. Return all real property furnished or purchased wholl with Federal funds to the control of the awarding agency. In the case of real roperty purchased in part with Federal funds, the sub recipient may be permitted to r tain title upon compensating the awarding agency for its fair share of the propeJtt . The Federal share of the property shall be computed by applying the percentage f the Federal participation in the total cost of .the project for which the property was cquired to the current fair market value of the property. In those instances where th sub recipient does not wish to purchase real property originally purchased in part w h Federal funds, disposition instructions shall be obtained from the awarding agency P ge 3 of 3 ttachment D King County FFYO3 SHSGP-1 Grant DISTRIBU ION AGREEMENT This Contract is entered into by King C unty represented by the Department of Executive Services, Office of Emergen y Management (Department) and the City of Federal Way (Final Receiving Jurisdicton), whose address is, PO Box 9718 Federal Way, WA 98063-9718. The D partment is undertaking certain activities related to the STATE HOMELAND SE URITY GRANT PROGRAM as funded by the U.S. Department of Homeland SeCUItit , Office for Domestic Preparedness under Grant Award Number 2003-TE-CX-O1 8. Under the terms and conditions of Grant Award Number 2003- TE-CX-0168, the Department will be distributing specialized emergency response equipment to tlh Final Receiving Jurisdiction. The distribution of the equipment is subject to the followi g terms and conditions. 1. The equipment delivered to the City of Federal Way is described in Attachment A. 2. The equipment delivered to the city of Federal Way is accepted "as is" by the city with the understanding thßt the Department disclaims all warranties for the delivered equipment. Should t e equipment not perform as specified by the vendor, the Department will pro ide all warranty repair information to the City of '. Federal Way. 3. The City of Fed~ral Way is res on sible for the exchange of equipment with like items for proper size, etc. Kirtlg County will provide all exchange information to the City of Federal Way. 4. The City of Federal Way is reß onsible for all training related to the proper use, care and maintenance of the d livered equipment. 5, King County assumes no resp nsibility for the use, care or maintenance of the delivered equipment by the dit of Federal Way. The City of Federal Way shall protect, defend, indemnify and ave harmless King County, its officers, employees and agents from éln and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City of Feder I Way, its officers, employees, and/or agents. The City of Federal Way agree that its obligations under this subparagraph extend to any claim, demand, nd/or cause of action brought by or on behalf of any of its employees, or agemt . For this purpose, the City of Federal Way, by mutual negotiation, hereby wai es, as respects the Department only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisioms of Title 51 RCW. In the event the King County incurs attorney fees and/or co ts in the defense of claims, for damages within the scope of this section, such fees and costs shall be recoverable from the City of Federal Way. In addition, K ng County shat! be entitled to recover from the City of Federal Way, fees, and costs incurred to enforce the provisions of this section. P ge 1 of 2 tachment D King County FFYO3 SHSGP-1 Grant Claims shall include, but not be imited to, assertions that the use or transfer of any software, book, document. port, film, tape, or sound reproduction or material of any kind, delivered h reunder, constitutes an infringement of any copyright, patent, trademark, tra e name, and/or otherwise results in unfair. trade practice. 6. The city of Federal Way shall ~ mply with the Department of Justice Post Award Requirements, Chapter: Property and Equipment, of Grant Award Number 2003-TE-CX-O168, AU chment C, copy attached and incorporated by reference as if fully stated herei . ~. ~~~<ß{- Authorized Signature ÒI~ :\J¡(::(:¡Ç ~~~~~~::~~~~~~~~~~~~ Authorized Signature Title Date Title Director, King County Office of ~ Man~T,:t ~~ O~~~ ?;9,W £-{ (-Oc( Date Jurisdiction P ge 2 of 2 \ , IA tachment E King County- FFYO3 SHSGP-1 Grant AGENCY POINT OF CONTACT FOR DELIVERY Name:--"Greg Wilson Title: Cdr . Organization:_Federal Way Police Opt Shipping Address (cannot be a PO Bm): PO Box 9718 City, State, Zip: _Federal Way, WA 98( 63- 9718 Fax Number: _253-661- 4578 Phone Number: _253-661- 4702. .E-mail Address: anne.l<irkpatrick@cityottederalway.con . . (Must be equipped to accept large, p~lIets of equipment.) P ~ge 1 of 1 HA~ D RECEIPT (Date) Greg Wilson Commander City of Federal Way Police PO Box 9718 Federal Way, Washington 98063-9718 I hereby acknowledge receipt of the fQllc wing equipment from the State Homeland Security Grant Program: Equipment Item Unit Cost Qty Total Cost Discipline Category Personal Nitrile gloves, ,022 minimun 3.43 24 $82,32 LE(24) , Protective thickness, used with Lvi a/c ensemble Personal Chemtape, 2'x60 yds, 2i4 11.10 24 $266.40 LE (24) Protective rolls/case Personal LeveiB/C hooded chemic¡:al 35,88 24 $861,12 LE (24) Prot~ctive protective suit. Model CPF-~, 'lith 2k option, sold 6 per ca$e Personal Latex Champion Bootie, Sold 50 1.90 24 $45,60 LE(24) Protectivè . pair/case Tot lal Jurisdictional Request: Sales Tax: 8.8% $110.47 Grand Total: $1,365.91 . We understand this is a one-time grant and, ~s such, the final recipient is responsible for the maintenance, training, and proper storage of'th :! equipment. Equipment lost, stolen, or unrepairable will not be replaced, We also hold the Departm~nt of Homeland Security, the Washington State Military Department, and King County OEM harmles$ f r any and all damages that may result from the acceptance of this equipment, including data 10 s. Signed by: Title: Telephone: Date: MEETING DATE: September 7, 2004 ITEM# Y- Lh L SUBJECT: CATEGORY: CITY OF F DERAL WAY City ouncil AGEN A BILL 2004 Asphalt Overlay Project - Project cceptance and Retainage Release BUDGET IMP ACT: [2J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINAN E 0 PUBLIC HARING 0 OTHER $ $ $ Amount Budgeted: Expenditure Amt.: Contingency Req'd: ATTACHMENTS: Memorandum to the Land Use and T nsportation Committee dated August 16,2004. SUMMARYIBACKGROUND: Prior to release of retai age on a Public Works construction project, the City Council must accept the work as complete to meet State Depart ent of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Watson Asphalt Paving Co. is complete. The final construction contract amount i,s $1,080,056.17. This is $68,470.83 below the $ ,148,527.00 (including contíngency) budget that was approved by the City Council on March 1, 2004. CITY COUNCIL COMMITTEE RECOMMENDA ION: At its August 16, 2004 meeting, the Land Use and Transportation Committee made the following recommen ation: . Approve final acceptance of the compl ed 2004 Asphalt Overlay Project, constructed by to Watson Asphalt Paving Co" in the amount of $1, 80,056.17, as complete. PROPOSED MOTION: I move to accept the project as omplete. CITY MANAGER APPROVAL: ' COUNCIL ACTION: (BELOW TO BE OMPL~ 'ED BY CITY CLERKS OFFICE) 0 APPROVED 0 DENIED 0 TABLEDfDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED - 05/10/2001 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # A í=ëderal Way DATE: August 16, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Com ittee Marwan Salloum P. E., Street Syst ms Manager ~ David H. M~er 2004 Asphalt Overlay Projedt Project Acceptance TO: VIA: SUBJECT: BACKGROUND: Prior to release of retainage on a Public Wo~ construction project, the City Council must accept the work as complete to meet State Departnn nt of Revenue and State Department of Labor and Industries requirements. The above-refere ed contract with Watson Asphalt Paving Co. is complete. The final construction contract am unt is $1,080,056.17. This is $68,470.83 below the $1,148,527 (including contingency) budgett at was approved by the City Council on March 1, 2004. Due to fact that the 2004 Street Overlay a thorized funding (including contingency) was not expended and the City Council authorized Sta to add Schedule C (16th Ave South) and Schedule F (S 364th Way/S 359th Street) back in to the cdn ract if the project funding allows. Both Schedule C and F were added in to the contract. Staff will be present at the September 20th and Use & Transportation meeting to answer any questions the Committee might have. RECOMMENDATION: Place the following item on the September 7 2004 Council Consent Agenda for approval: Final acceptance of the completed 2J0 4 Asphalt Overlay Project, constructed by to Watson Asphalt Paving Co., in the amount of 1,080,056.17, as complete. k:\lutc\2004\2004 asphalt overlay project- Project acceptance.doc cc: Project File Central File MEETING DATE: September 7, 2004 CITY OF IF DERAL WAY Cit Council AGE DA BILL ITEM# 1[. (\ ) ......-..-..........-.........-.....--...-....... """-""'...-...,...-..-....... Federal Way Public Schools 2004/05 C pital Facilities Plan and School Impact Fee Update SUBJECT: CATEGORY: x CONSENT 0 RESOLUTION CITY COUNCIL BUSINESS 0 ORDIN 0 PUBLIC 0 OTHER """""'-"-""'-""""""""""""'" """""'........-...."""""""'" BUDGET IMP ACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: """'-"""""'-"""""""""""""""""'.................-........... $ $ $ """""""""""""""""""""...""""""""""""""......................""""""'-.-...........-. ATTACHMENTS: Federal Way School District 2004lQ Capital Facilities Plan .............""""""""" """""""" ........................-.................--......................... SUMMARY /BACKGROUND: """""""""""""-""""""""""""'-"""""'-"""""""""""""""""""'" """""'-""""""""-"""""'-""""""""-""""""'-""""-"""""""""""""'"-"""""""""""""""""""-""""""""'-"'--"--""'-""""""""""'-' The School District submitted their 2004/05 Capital Facilities Plan and Impact Fee update for the City to review as required by the School Impact Fee Ordinance. The new fees, if approved, wil be effective January 1,2005. They are $2,868 per single-family unit and $905 per multi-family dwelling unit. This is a $401 or 12 0 decrease from the $3,269 single-family rate, and $35 or 3% decrease from the $940 multi-family rate. .......................-.................................... """'-'--""""""-""--"""""""""""-' --"""""""""'-'-"""""-""'-""""""""""""""....-......""".."'-"""'"-"""""""""""""""""""""""""'-"""""""""""""""'.............--.---""""""'---.......................... CITY COUNCIL COMMITTEE RECOMMENDAT ON: N/ A ......................................................................-.-.-....... ..................................... """'-""""-""'-""""""""""""'.......................... PROPOSED MOTION: I move approval of the propps d 2004/05 school impact fee at $2,868 per single-family unit and $905 per multifamily unit to be effective January 1, 005. ....................-...................... CITY MANAGER APPROVAL: """"""""-""'-"'............."'" """'-""""'............" """.................,"""'--......-.......... """""""'-"""""""""""""""""""" TED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only REVISED - 05/10/2001 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Subject: August 10,2004 Federal Way City Council Land Us.~ nd Transportation Committee David H. M~ Manager Iwen Wang,Man~~m~nt ServicesÐ rector ~ Federal Way Public Schools 20°4'-N [,Capital Facilities Plan/School Impact Fee Date: To: Via: From: The City has received the Federal Way Schøo District's 2004/2005 Capital Facilities Plan with the proposed school impact fees for the City's annual review and adoption, The new fees, if approved, will be effective Ja¡n ary 1,2005, are $2,868 per single-family unit and $905 per multi-family dwelling unit. This is a $401 12% decrease from the $3,269 single-family rate, and $35 or 3% decrease from the $940 multi-family r te, A number of variables go into the school imp<Þ.c fee calculation, Among them are the District's facility needs, construction costs required for school$, nd the student generating factor (average students per household in elementary, middle, and high chools respectively) in new single and multi-family developments. The calculated amounts are then educed by any state matching funds and voter approved property taxes for construction. Finally, a SQo/¡ factor is applied to eliminate imperfections in the fee calculation model. Attachments: Federal Way School District 2004/2005 Capital acilities Plan (the new impact fee calculation is on page 26). Committee Recommendation: Forward the draft Federal Way School Distric~ 2 04/200S Capital Facilities Plan and proposed impact fee to full Council for approval with implemerlta ion of the proposed fee of $2,868 per single family development and $90S per multi-family develQP ent effective January 1, 200S, - Committee Approval Federal Way Public Schools 20 4/05 Capital Facilities Plan Buildingfor t e 21st Century FEDERAL WAY PUBLIC SCHOOL 2004/05 CAPITAL FACILITIES PLAN FEDERAL W A PUBLIC SCHOOLS 2 04/05 CAPITAL F CILITIES PLAN BOARD F EDUCATION E Barney Evel n Castellar Ch rles Hoff B b Millen Earl VanDorien SUPE INTENDENT FEDERAL WAY PUBLIC SCHOO S 20M/OS CAPITAL FACILITIES PLAN SECTION 1 SECTION 2 SECTION 3 SECTION 4 T ABLE OF CONTE INTRODUCTION F CONTENTS s 11 lll-V THE CAPITAL FAC ITIES PLAN Introduction Inventory of Educatio al Facilities Inventory of Non-Inst ctional Facilities Needs Forecast - Exis ing Facilities Needs Forecast - New Facilities Six Year Finance PIa 1 2 3 4 5 6 MAPS OF DISTRIC BOUNDARlliS Introduction Map - Elementary Bo ndaries Map - Middle school oundaries Map - Senior High B undaries SUPPORT DOC Introduction Building Capacities Portable Locations Student Forecast Capacity Summaries King County Impact 7 8 9 10 ee Calculations 11 12-13 14-15 16-18 19-23 24-26 SUMMAR Y OF CH NOES FROM THE 2003/04 PLAN 27 - 30 1.1. FEDERAL WAY PUBLIC SCHOO S 2004/05 CAPITAL FACILITIES PLAN In response to the requirements of the tate of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991 ), and under the School Impact Fee Ordinances of King County Code 21A, City of ederal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and t City of Kent Ordinance No, 3260 effective March 1996, Federal Way Public Schools has updated its 2003/04 Capital Facilities Plan as of May 2004. This Plan is scheduled for adoption by 'ng County, the City of Kent and the City of Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference, This plan is also included in t e Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance, The Growth Management Act requires th County to designate Urban Growth areas within which urban growth can be encouraged The Growth Management Planning Council adopted and recommended to the King ounty Council four Urban Growth Area Line Maps with designations for urban cente . A designation was made within the Federal Way planning area, which encompass~s ederal Way Public Schools boundaries. King County will encourage and actively supp rt the development of Urban Centers to meet the region's need for housing, jobs, service , culture and recreation. This Plan's estimated population growth is prepared with this u derlying assumption. This Capital Facilities Plan will be uße as documentation for any jurisdiction, which requires its use to meet the needs of't e Growth Management Act. This plan is not intended to be the sole planning tool for 11 of the District needs. The District may prepare interim plans consistent with Board poB ies. Additional plans will be consistent with the six year Capital Facilities Plan. On October 12, 1998 the Federal Way School District Board of Education approved a recommendation to move to a Pre K-5 elementary, 6-8 middle school, and 9-12 high school grade configuration. This new gr de configuration began in the fall of 2003. This grade configuration is believed to be ore responsive to student needs. It allows for smaller elementary enrollments with r om for lower primary class sizes. The middle school provides more developmentamy appropriate instruction and a better academic transition between elementary school a d high school. Middle schools also allow two- year preparation for the W A State 7th g ade test, and matches most western Washington Districts. With State and District stan ards becoming even tougher, 9th grade students need to be brought into the high scho I environment and given access to high school subject specialist. The four-year high chool plan combines the 9-12 graduation credit system, allows two-year preparation f r the W A State 10th grade test, and physically places the high school students together. iii FEDERAL WAY PUBLIC SCHOO S 2004/05 CAPITAL FACILITIES PLAN INTRODUCTION (continued) Federal Way citizens approved a bond pro osal of $83 million in September 1999. This bond provided for Todd Beamer High Sch 01 ($44 million); a middle school ($17 million); expansion and improvement of' e isting schools ($9 million); replacement of Truman High School ($6 million) and oth r general improvements ($7 million), Additional planned improvements include in the bond proposal are: parking and pedestrian safety, playgrounds and sports f e1ds, new classroom start-up and music equipment, information systems and netw rks and emergency communications. Todd Beamer High School opened in Sept mber 2003. The school opened with three grades, 9th, 10th and 11th. Seniors in 2003/ 4 are allowed to complete their high school education at the current high school. Thiis does put some strain on capacity at the three existing high schools. In order to accom odate this decision measures to maximize the capacity in the existing buildings were im lemented and three portables were added to high school campuses. Capacity for the 20 3/04 school year was calculated at 100% usage in order to give the lih grade students the opportunity to stay at the current school. Todd Beamer High School was designed with panning offices for teachers; Decatur, Federal Way and Thomas Jefferson do not haved signated planning areas. In order to accommodate planning space for teachers capacity must be calculated at 83% of maximum as planning generally takes pIa e in the classrooms. This 83% figure is used in the Program Capacity calculation for Dec tur High School, Federal Way High School and Thomas Jefferson High School shown on age 13. A Middle School Transition Team began eeting in May 2001 to develop recommendations for the middle school p ograms. These recommendations were adopted by the Board of Education on March 25, 002. The adopted recommendations include block instruction with 2 teacher teams roe ting with about 60 students daily for students in the 6th and ih grade. Eighth grade teache s will see 90 students each day. This structure lengthens contact time for students with f wer adults and is believed to develop stronger relationships. Fewer transitions for stu<ile ts will provide continuity to the day and promote a calmer campus. The 2004/05 Capital Facilities Plan ref1e ts a reduced capacity to accommodate the middle school block instruction. The facility iI1I1 acts will require further analysis of capacity as the middle school curriculum is refined. odifications to vocational instructional areas at the middle schools were made in the past year. These modifications increased the capacity at the middle school level by converting hop areas to classrooms. The increased capacity is noted in the program capacity on page 13. lV FEDERAL WAY PUBLIC SCHO S 2004/05 CAPITAL FACILITIES PLAN Federal Way Public Schools opened the in ernet Academy in the 1996/97 school year with 60 students. This program currently serve approximately 405 students, 80 are students also served in other Federal Way School istrict buildings. Additionally the school serves students through the Digital Learning Co mons. The number of students served as tuition-based students has increased to app oximately 175. These tuition-based students are not included in the forecasts for Intern t Academy. The forecast for this school is based on current average annual enrollme t. Historical growth has not been a reliable tool to forecast this enrollment. Internet Acad my has become a model for providing quality instruction to various locations. Internet cademy is currently operating out of leased space consisting of administrative areas a d a computer lab area, This capacity is not included in the analysis of instructional sp ces. The facility needs are unique to a program of "distance learners". Federal Way Public Academy opened in t e 1999/00 school year in six portables on the Illahee Junior High site. Two additional p rtables were added for opening the 2000/01 school year to expand the program to incl de ninth grade students. Federal Way Public Academy has extended the program to ser e students in grades 6 through 10. There are currently 286 students in this school. The District purchased a facility for Federal Way Public Academy. The renovation of this uilding is complete and students moved into the building in October 2003. The portables sed to house Federal Way Public Academy are being used for Merit School, the Child Pi d program, a training facility and temporary instructional space for Illahee Middle Sçh 01. As smaller class sizes roll forward into th secondary levels, we anticipate a slight decline at middle school between 2006 and 2009. This does not diminish the need to open a new middle school in the 2005 school year. . ddle school facilities are overcrowded at current enrollment levels and portables ar considered a temporary solution to this overcrowding. Even with adding seats to 700 students at the opening of the new middle school in 2005, projections based on cun nt program capacity indicates a surplus capacity of only 44 seats. Another initiative that will impact capaçi at the secondary schools is the Puget Sound Early College. Highline Community Col ge is offering this program to 11th and 1 th grade students at the Federal Way campu . The program allows promising 11th and 1th grade students the opportunity to complet their high school diploma and the Associate of Arts college degree in their final two yea of high school. In the first year, we expect 60 11 th and Ith grade students to attend the uget Sound Early College. The district has a cooperative agreement ith Head Start for facility use to serve income eligible Pre-Kindergarten students. Curr ntly we house Head Start programs at 3 of our elementary schools. Headstart is buildin a new facility on the Harry Truman High School campus. This facility will central ze Headstart services in the Federal Way community. The District anticipates exp nding the ECEAP Pre-Kindergarten program when Headstart space becomes available' n the elementary schools. v FEDERAL WAY PUBLIC sca OLS 2004/05 CAPITAL FACILITIES PLAN SECTION 1- THE APITAL FACILITIES PLAN The State Growth Management Act requ res that several pieces of information be gathered to determine the facilities available and need d to meet the needs of a growing community. This section provides information about urrent facilities, existing facility needs, and expected future facility requirements for Federal ay Public Schools. A Financial Plan which shows expected funding for any new constructio , portables and modernization listed follows this. 1 FEDERAL WAY PUBLIC sca OLS 2004/05 CAPITAL FACILITIES PLAN INVENTORY OF DUCA TIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide 163 SW 304th Street Federal Way 98023 Brigadoon 360 SW 336th Street Federal Way 98023 Camelot 404 S 298th Street Auburn 98001 Enterprise 351 15th Avenue SW Federal Way 98023 Green Gables 326 7 47th Avenue SW Federal Way 98023 Lake Dolloff 420 S 308th Street Auburn 98001 Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 356 5 32nd Avenue S Auburn 98001 Mark Twain 245 S Star Lake Road Federal Way 98003 Meredith Hill 583 S 300th Street Auburn 98001 Mirror Lake 625 S 314th Street Federal Way 98003 Nautilus 10 S 289th Street Federal Way 98003 Olympic View 26 SW 327th Street Federal Way 98023 Panther Lake 34 24 1 st A venue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34 00 12th Avenue SW Federal Way 98023 Silver Lake 13 0 SW 325th Place Federal Way 98023 Star Lake 4() 4 S 270th Street Kent 98032 Sunnycrest 24 29 42nd A venue S Kent 98032 Twin Lakes 44 0 SW 320th Street Federal Way 98023 Valhalla 27 47 42nd Avenue S Auburn 98001 Wildwood 24 5 S 300th Street Federal Way 98003 Woodmont 26 54 16th Avenue S. Des Moines 98198 MIDDLE SCHOOLS Federal Way Public Academy 34 20 9th A venue S Federal Way 98003 Illahee 36 01 1st Avenue S Federal Way 98003 Kilo 44 0 S 308th Street Auburn 98001 Lakota 14 5 SW 314th Street Federal Way 98023 Sacajawea 11 I S Dash Point Road Federal Way 98003 Saghalie 33 14 19th Avenue SW Federal Way 98023 Totem 26 30 40th Avenue S Kent 98032 SENIOR HIGH SCHOOLS Decatur 28 0 SW 320th Street Federal Way 98023 Federal Way 30 II 16th Avenue S Federal Way 98003 Thomas Jefferson 42 8 S 288th Street Auburn 98001 Todd Beamer 35 99 16th Ave S Federal Way 98003 Harry S Truman 315528thAveS Federal Way 98003 AL TERNA TIVE SCHOOLS Merit School Federal Way 98003 LEASED SPACES Internet Academy n 20 1st Ave S Federal Way 98003 2 Site # 75 65 60 73 71 82 74 96 FEDERAL WAY PUBLIC SdH )OLS 2004/05 CAPITAL FACILITIES PLAN CURRENT INVENTORY -JON-INSTRUCTIONAL FACILITIES , Developed Property Administrative Building MOT Site Central Kitchen Federal Way Memorial Field 3140 18th Avenue S 1066 S 320th Street 1344 S 308th Street 1300 S 308th Street Federal Way Federal Way Federal Way Federal Way Leased Space Community Resource Center ECEAP Offices 18113 Commons 3081ç 14th Ave S Federal Way Federal Way Undeveloped Property Location 98003 98003 98003 98003 98003 98003 SW 360th Street & 3rd Avenue SW - 9.2 Acres S 351st Street & 52nd Avenue S - 8.8 Acres E of 10th Avenue SW - SW 334th & SW 3'= 5th Streets - 10.04 Acres N of SW 320th and east of 45th PL SW - 2J3. 5 Acres S 344th Street & 46th Avenue S - 17.47 Acns 1st Way Sand S 342nd St - Minimal acreage 3737 S 360th St - 47.13 Acres (13 acres are being developed for the seventh middle school; 12-15 acres are wetlands) S 308th St and 14th Ave S - .36 Acres Notes: Not all undeveloped properties are large nough to meet school construction requirements. Properties may be traded or sold dependi g on what locations are needed to house students in the District. 3 FEDERAL WAY PUBLIC SCD )OLS 2004/05 CAPITAL FACILITIES PLAN NEW FACILITY New Middle School NEEDS FORE( AST - NEW FACILITIES L(1)( A TION Site 74 ANTICIPATED SOURCE OF FUNDS Anticipated source of funds are CUITent bond Issues. 5 FEDERAL WAY PUBLIC SOH OLS2004/05 CAPITAL FACILITIES PLAN Six Year Ei Secured Funding Sources 2004 005 2006 2007 2008 2009 Total Revenu act Fees (1) $605,000 $605,000 $1,210,000 Land Sale Funds (2) $565,000 $565,000 Bond Funds (3) $4,695,000 $4,695,00 State Match (4) $3,000,000 $ ,000,000 $450,000 $430,000 $5,880,000 TOTAL $8,260,000 $ ,000,000 $1,055,000 $1,035,000 $0 $0 $12,350,000 Projected Revenue State Match (5) $Ð Bond or Levy Funds (6) $17 ,000,00C Land Fund Sales (7) $1,164,00C Impact Fees (8) $1,500,000 TOTAL $19,664,000 NEW SCHOOLS Total Prior Years 2004 2005 2006 2007 2008 2009 2004-2009 Middle' School S~.n,740 $150().()()() $I;~.H:"A()() S~~H.~(¡I' SI4.gS().26C $15,400,000 Middle S('!lool Sill' $1.600,000 $' $1,600,000 'odd Deamcr .¡gh Sdu$)1 542,203,767 SI.c)I~.~~¡¡ $1.c)1~.g:H $44,117,59; 'odd Bcalll'~1 High Sdu)($ Sill' $,~,432,405 SO $J,4:12,405 I'e<.lcral Wa\ PIIl>li( '-$':h!cm\ $5,443,094 ~O S5,4.B,094 MOJ>E!{:'oIIZA 110]'1; AM) EXI'A!'ISION W $0 human Sclllor I hgh $5,642,666 SI.lr.~.'.1 501.10-.134 56,750,000 Ex Jansion Middi,' Scho(\b $2,B2,44( $0 $2,B2,440 Expansion Eklll"lIlar~ Sdll'O!, '$: ,I,,)CI,OI() S2.0ÜO.O(I$ 52,000,000 TE:\IPOKARY I"'ClUTIES SO $0 I'onablc~ (')'1 "~O(l.OIIO S¡¡I)(!.I'PII )I.I,OO.O(iI. TOTAL $60,998,112 $4,521,162 $ 4,1127,400 SI,.UI!.II(,O SIIOO,OOO SO $0 $21,477,42 NOTES: 1. These fees are currently being held in a King County, City of Federal Way and City of Kent mpact fee account, and will be available for use by the District for system improvements. This is year end balance on 12/ 1/03. 2. These funds come from various sales of land and are set aside for estimated expenditures. s is year end balance on 12131/03. 3. This is the 12/31103 balance of bond funds. 4. These are state matching funds received for Todd Beamer High School, Truman High Sdho This is a year end balance on 1213 1103. S. The new middle school is not eligible for state match funds. 6. These bond funds were sold on 6/08/04. 7. Two of three property sales have closed in 2004 and the third is projected to close this càlen No other properties are actively marketed at this time. and the additons to existing buildings. 8. These are projected fees based upon known residential developments in the District over the 9. These fees represent the cost of moving existing portables and purchasing new portables. e District may choose to purchase new portables in the years shown. This estimate may also includè the cost of purchasing the$e rtables. year. These funds represent the proceeds from these sales. 6 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN SECTION 2 . MAPS F DISTRICT BOUNDARIES Federal Way Public Schools (the District) has twenty-three elementary schools (grades K-5), six middle school schools (grades 6-8), five senior high schools (grades 09-12) and one school serving students in grades 6 -10 f r the 2004/05 school year. The Internet Academy serves grades K-12. In June 2002 the Boa d of Education adopted new secondary boundaries beginning with 2003/04 school year. Ab undary committee will meet in the 2004/05 school year to recommend modifications to the elementary and middle school boundaries, The following maps show the service area bo ndaries for each school, by school type. (Harry S. Truman High School, Merit School, IlIlt met Academy and Federal Way Public Academy serve students from throughout the Di trict). The identified boundaries are reviewed annually. Any change in grade configu ation or adoption of programs that affect school populations may necessitate a change in s hool service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new ousing developments. In the case of most public facilities, new development has its major mpact on the facilities immediately adjacent to that development. School Districts are differe t. If the District does not have permanent facilities available, interim measures must be take until new facilities can be built or until boundaries can be adjusted to match the populationc anges to the surrounding facilities. Adjusting boundaries requires careful con ideration by the District and is not taken lightly. It is recognized that there is a potential imp ct on students who are required to change schools. Boundary adjustments impact the whole' strict, not just one school. It is important to realize that a single ho sing development does not require the construction of a complete school facility. School di ricts are required to project growth throughout the district and build or adjust boundaries ased on growth throughout the district, not just around a single development. 7 FEDERAL WAY PUBLIC SCHOO S 2004/05 CAPTIAL F ACILITlES PLAN ELEMENTARY S(~HOOL BOUNDARIES I , E F H,""",,~- ,..,-- G J H , , ;;~~j;;~~" Î~~.u,.,"." m:~m,,:u'i ' Zomlh ~4¡ :':':,:,P ;\ )~~'~;;;'7;-~:~ ::: '7 . "."'~:~ ,; /'-' , . ,-" ;.. ;1 '.. l/ -;>< - : , "" '¡¡i , t'-- ¡¡;;. :1 E'~r: g;, ;,@~':~~~~ ¡~:¡, ¡' ;¡ "JÐJ';, , :'~j/" i ~~::i~~~~s H ~: ~~~E,7.ea ~:~ H~~ "':~:¡": 'M ~..t::)1..- .', "~,;" " /\...:, . ¡ ,_.':~" 7 Lake Grove D.6 36 Federal Way Public Academy E.8 , ~~~IIW,.t" ~:' '~" ::~'i;';~ :: I,:~,,; ;, ~ 1i.O:, . ....,' j - 8 Lakeland E.9 .:.'0 p", ",.. ".;¡¡¡ ~ "~, ,.'" , -. 9 MarkTwain F-4 ----,;""";1. ,," ~ ,~¡¡ ¡ ;1;' '":~¡I~- ~~ =~~~~i~~~~" ~:: SENIOR HIGH SCHOOLS '"";~~ ><']J:j""" l :::~ " ~ ~ ~ ; j :!¡ 12 Nautilus E.5 Code-- . 3 :,' J!U,.".h: '~",' /I~ -q:;' .:" .,~' ":::':,::",R,i ~§ < 3 13 Olympic View C-7 ; ""'-n',' ~ /1-' . ,~ i ~: ::~~~~r~:~e ~:~o:~ ~:~::~~ Way ~:~ :,~,. : ~I ' " VI ~ ~~ ~~~:r'.~:orest g:~ 42 ThOmaSJefferson~:: 'ì "1/ '-"' :;;_: ¡. ' 35 ... ,I. ,~: 18 Star Lake G-3 45 Todd Beamer "..( ,J . 'I '9 ¡ ,~; '>', 18 ",;"',. ~\\,.' ¡; 19 Sunnycrest G-2 49 Harry S, Truman F-6 I--f-f-- WOODMON ~; 11.. !,r1I ' "'Ii, .272'::;\";' '. ", ,\ ¡' ¡ ~ 8- ~~ ~:Ii~a~:kes ~~ ..ACH , ':flJ £~1t..,,;, il.:; '<:!J:.tml~ ~ , ~~ :=~~~t ~:~ ~~~~~:~~~~I Sites :: EM ~,œ ~~'~-fu-",fi'~ ; I , ,~~ f I 4 ;::~ '""n ~:';'" :~, ;¡~~~;~ :! 4 I :~ ~~~~t~~~~~le~~~~ti~~~~~ansportation ~:~:: Code -- . [;~'~ ¡ ~~~; ,:~-" ..~.~:.. ' I Parks-- á~,~j¡¡I , .~'\~;';:2'1':"': I ":,_.":~o:,,,, ..'~:.,._..<~".~,. ~~....I,:II" I ~M~,¡r!t~\'.,."~',7::: . 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H m ~ Federal Way Public Schools Every Student, a Reader I ~ I I ELEMENTARY SCHOOLS MIDDLE SCHOOLS I ~ 8 FEDERAL WAY PUBLIC SCHOC LS 2004/05 CAPTIAL FACILITIES PLAN MIDDLE SCHOOL BOUNDARIES I E F H""'~~~ .~,~ G t H " :~.~jl,-,:t""'.',-,~,:~:,=~m:y,'" -~', :':, L "'.'fF>.1 'fl~~:m~ æ;~ ) ~ ~~:e~~E~CHOOLS , ;,';'~~;Ijl~:,:~~-~'¡I¡~ ~ '~,,;'\,:~t.:,~:.5 ~' ~: 1 Adelaide C-6 30 lIIahee E-9 ' ,,~,' ~ w ,- ~ ,.j ~ . . ¡ 19Si" ' ~ ~:~:~~tn ~~~ 31 Kilo G-6 2 'ii ~"J.l \;jJ;.~" . mJJf ~ ",,' ,'" \':" ",2 4 Enterprise D-9 ~~ ~:~~:wea ~:~ H",."w, ~~!t,,; ~~~ 4 Ii' '; ~ ~.,' .' ",~: 5 Green Gable5 A.7 34Saghalie C-8 ,.- ',,"""', ~I"., ""'f~/,' ,,~ ' 6 Lake Dolloff G-6 35 Totem G-3 D"'~' ',n'" . """, """',1",,,,:' ¡.-": 7 LakeGrove D-6 36 Federal Way Public Academy E-8 .J~ '~IIW"" ~,."" ,::o.:¡j-"~l~:;' ¡ /1,1"" ; ".." ,\ 1 '- 8 Lakeland E-9 ,r::;iI"""'.P,"k,""""+~,;'¡"'Jtf",""'^,Ii"',~,,i 9 Mark Twain F-4 -...efis"" "..' t :'1=,' "'r" '",,' , ' 10 MeredithHili H.5 SENIOR HIGH SCHOOLS . ~"I;~,;~~,><1'I'1 J~ É~~~¡ ;1;' ~:.'; ;;r"jE ~~ ~:~~~u~ake ~~ Code -- . 3 r :,' ~'I~ ;:1"""7,',',;~ ~,. ' ;¡"." , ".f(j\~ 13 Olympic View C-7 ; ""',q'I;9. ~ ,-...... , ) 14 Panther Lake E.8 40 Decatur C-6 1,.1. ~"""o/~J' ';..' ' ., 15 RainierView F.10 41 Federal Way E-5 ' .,~' : 3 -';' ,j i..., 1./ v u 16 Sherwood Forest D-8 42 Thoma5Jefferson G-4 :.',,"'" ~.., ~. I 17 Silver Lake D-7 45 Todd Beamer E-9 . ('¡~-"';,":' 'r;,)1 --'}>j ~ 18 StarLake G.3 "'. ¡. [ ,,:' " '. 19 Sunnycrest G-2 49 Harry S. 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Fede~,a,I,WaYPublicschools ,,' J() ~" ,":' ';"", <, l~~:- >"'~:~-,¡~' ~ i 10 ,EveryStudent,aReader ,;;\1"", ."TON' .. "L" ~ - .". ii;1 . . B""""S,~"" ¡" "n.Co~n':\ T"I¡ 13841h ~ 945-2000 m.."... '" ."TON I ',..,,"!:õun'y" _.mmmm_... ".,,~~"~'""- lJ E F G D"""'r ~""" H m ~ Federal Way Public Schools Every Student, a Reader I I ELEMENTARY SCHOOLS Code -- . I 3 9 FEDERAL WAY PUBLIC SCHOOl S 2004/05 CAPTIAL FACILITIES PLAN HIGH SCHOO L BOUNDARIES I I I E F H;"';..,,~- "..,...- G .1, H \i:~~ji~ ;~;.~n~. nm., , z.n;'h.:~ '::," "A""¡I~;~~~::::'~':,'] ì. / ~ ,~~ :;~;- Code. ! ;,:11 ~ H ;¡¡¡¡I¡~ :1"'-"-"'" : -- i :~!Lfi:'~' rfl¡ ~ :.i~ .'. : 1 Adelaide C-6 30 lIIahee E-9 :';" '~ffi' -- ".." .,.:ê ~ " 19 ::;';"'~ ~;¡¡¡;;'_.": 2 8rigadoon 8-8 31 Kilo G-6 2 ".¡..:.2...;:"+=~". f"" M ,..." :>--" '2 ~ ~~:~~~~se g:; ~~ ~:~~:wea ~:: I:~': ~.r;11\" ;¡'.Jrt!!\ß;~{ jJ ., ~~;;' '::, .' " - .,,'~':' 5 GreenGables A-7 34 Saghalie C-8 H~~:::;, ',...V" ,,1';';,1".' "';f!.b ,,' :"13:,: ~ p~ - --.. : ~ t:~:~~~~: g1 ~: ;~~:%IWaYPUblicACademy ~:: ..u~" ~~~'..~IIi!=.'."'.' ;"".,.::~'~~~:' ~';~ Il"~,,.~I.): ., ~.¡ ~ 89 ~k~l~d ~~ ,. ::::P'~ "", " ' ¡!:if,. :~T: m"H;li~ ';o§S258 ar wain ,. '<, :!J ~,~¡;;; , '1;1' ... , , . 10 Meredith Hill H-5 SENIOR HIGH SCHOOLS -" '-,;' i, ,,'}. ,::,':: " 'ß'" " ¡,¡¡ :~ ::~~~~~ake ~~ Code--. 3 ;~'I:~; ~7rlf' .~,.' ..~,~..;~.f( ¡\§ 3 13 Olympic V,ew C-7 ; i""'Jl:' Ef!if." L- ' 1 14 Panther Lake E-8 40 Decatur C-6 :, ,.....~.. j¡;:F . ' ,.. ' 15 RainierView F-10 ~" , 3~;' ': , ~ 16 Sherwood Forest D.8 :~ ~~~::~":;':~erson ~~ '#' ,_..;;;'::J 1"'~'" ,.,.." ~ I H i;:~~::t ~:~:~ ~~~~~~~~ue~an ~:: - -WOODMON. ~"¡ ,1 YJ S21i~~.¡ ~¡ ":"' ~'.. 1,~,::.',~." r ~ ~ - : 20 Twin Lakes 8-6 ...cH' "~:" . 9 ~. ';11""'1' ." " '. ,"".. Y\ 21 Valhalla G-4 ,: t .. ",..: ~"!'i< !",~~,H' ¡ 22 Wildwood F-S FutureSchooISites-- <lj"",~ ",.m"!: .' ' . ""i;'~"'_"I""'" ..,,".. 14--.' I 23 Woodmont F,3 Surplus Sites -- 4 ,..)\;~" ~':".oJ - .. , .. 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MIDDLE SCHOOLS 10 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN SECTION 3 - SUP ORT DOCUMENT A TION Building Capacities - The Educatio Program Portable Locations Student Forecast - 2004 through 2 9 Capacity Summaries King County Impact Fees - Single nd Multi Family Units 11 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future apacity. The Superintendent of Public Instruction establishes square footage guidelines to capacity, but these guidelines do not take into consideration the education program nee s. The District has identified a Building Program Capacity for each of the schools in the Di trict. This Full Time Equivalent (PrE) capacity is based on: . The number of classrooms vailable in each school Any special requirements a each school . In general, the District's current standard provides that the average class size for a standard classoom for grades K through 2 is 20 st dents. For grades 3-5 the standard is 25 students. In 6th, ih and 8th grade the standard class om is 30 students. In sixth and seventh grade the students are scheduled with block instruc ion and see only two teachers for core curriculum. Teachers at this level see 60 studentsp r day. At eighth grade, the teachers will see 90 students per day. For grades 9-12 the stan ard class size is 26 students. In the 2003/04 school year, 17 of the 23 ementary schools offer all day Kindergarten. This program does have capacity impacts, as he classroom is only available for one session of Kindergarten for the full day. Thep ogram will be expanded to include an all day Kindergarten program in every element y school. The capacity calculations on page 13 reserve space for an all day Kindergarten rogram in each of the elementary schools. 12 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN BUILDING P OGRAM CAPACITIES ELEMENTARY BUILDING PROGRAM CAPACITY MIDDLE SCHOOL BUILDING PROGRAM CAPACITY Adelaide Bri adoon Camelot Ente rise Green Gables Lake Dolloff Lake Grove Lakeland Mark Twain Meredith Hili Mirror Lake Nautilus 01 m ic View Panther Lake Rainier View Sherwood Forest Silver Lake Star Lake Sunn crest Twin Lakes Valhalla Wildwood Woodmont 416 470 307 339 432 450 384 410 454 397 339 435 384 397 405 454 462 450 384 410 437 405 335 Illahee 799 Kilo 799 Lakota 750 Sacajawea 774 Saghalie 694 Totem 734 Federal Way Public Academy 212 2002 TOTAL 4,762 I*Middle School Average I 758 I SENIOR HIGH BUILDING PROGRAM CAPACITY Decatur 1,476 Federal Way 1,588 Thomas Jefferson 1,544 Todd Beamer 1,364 Federal Way Public Academy 133 2004 TOTAL 6,105 I*Senior High Average I 1,493 ~ 2004 TOTAL 9,356 AL TERNA TIVE SCHOOL BUILDING PROGRAM CAPACITY Elementary Average 407 200 2004 TOTAL 216 Notes: * Federal Way Public Academy capacity is not u ed in the calculated average. 13 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN Po Ie Locations The Washington State Constitution req ires the State to provide each student a basic education. It is not efficient use of Di!st ict resources to build a school with a capacity for 500 students due to lack of space for 25 udents when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facibt' s or interim measures to house students until pennanent facilities can be built or boun ary adjustments can be made. When pennanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to anothe school for an interim classroom, Some portables may not be fit to move due to age or p sical condition. In these cases, the District may choose to buy new portables and surp us these unfit portables. It is the practice and philosophy of Federal Way Public Scho Is that portables are not acceptable as pennanent facilities. The following page provides a list of the I cation of the portable facilities, used for temporary educational facilities by Federal Way Pub 1 c Schools. 14 FEDERAL WAY PUBLIC SCH LS 20M/OS CAPITAL FACILITIES PLAN PORTABLE OCATIONS PORTABLES LOCATED AT ELEMENTARY SCHOOLS Adelaide Bri adoon Camelot Enter rise Green Gables Lake Dolloff Lake Grove LakeIand Mark Twain Meredith Hill Mirror Lake Nautilus 01 m ic View Panther Lake Rainier View Sherwood Forest Silver Lake Star Lake Sunn crest Twin Lakes Valhalla Wildwood Woodmont TOTAL PORTABLES LOCATED AT MIDDLE SCHOOLS Illahee Kilo Lakota SacaOawea Sa haIie Totem Merit INSTRUCTIONAL 3 1 1 3 1 2 2 2 3 3 4 1 2 3 3 4 4 4 1 2 2 4 3 58 INSTRUCTIONAL 5 7 3 4 4 5 2 30 NON INSTRUCTIONAL 1 1 2 NON INSTRUCTIONAL 15 PORTABLES LOCATED AT SENIOR HIGHS NON INSTRUCTIONAL INSTRUCTIONAL Decatur 5 Federal Way 1 Thomas Jefferson 3 TOTAL 9 PORTABLES LOCATED AT SUPPORT FACILITIES MOT 1 Illahee 3 TOTAL 4 HEAD START PORTABLES AT DISTRICT SITES Mirror Lake 1 Sherwood Forest 1 Total 2 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN St ent Forecast Student enrollment projections are a basic omponent of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are deriv d directly from the forecasted number of students. Allocations for instructional supplies and aterials are also made on the basis of projected enrollment. Other expenditures and certai revenue projections are directly related to enrollment projections. Enrollment projections are completed ann ally in the Business Services Department. Projections must be detailed at various lev Is, district total, school-building totals, grade level and program level to include vocational an special education students. The basis of projections has been cohort s rvival analysis. Cohort survival is the analysis of a group that has a common statistical valu (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades, This analysis uses historical information to develop averages and proje t the averages forward, This method does not trace individual students; it is concerned 'th aggregate numbers in each grade level. The district has used this method with varying ears of history and weighted factors to study several projections. Because transfers in a d out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in co ort analysis. The district collects information on birth rates within the district's census tract, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years, The Federal Way School District is using arious statistical methods for projecting student enrollments. The resultant forecasted enr llments are evaluated below. The first method is a statistical cohort ana sis that produces ten distinct forecasts. These are forecast of enrollment for one year. The p ojections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an nrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment Mas erTM software provides statistical methods including trend line, standard grade progr ssion (cohort) and combinations of these methods, This software produces a five-year project on of school enrollment. In November of 2001, the District contrac ed a demographer to develop projections for the Federal Way School District. The report as complete in January 2002, The model used to forecast next year's enrollment uses coho survival rates to measure grade to grade growth, 16 FEDERAL WAY PUBLIC SCUD LS 2004/05 CAPITAL FACILITIES PLAN assumes market share losses to private sçh ols (consistent with county-wide average), assumes growth from new housing or loss s due to net losses from migration. This forecast was provided as a range of three projectio s. The report substantiated that for next year, Federal Way expects little or no growth. he long-range forecast provided with this report used a model with cohort survival rates an growth rates based on projected changes in the 5- 19 age group for King County. Most of th methods used for long range enrollment reporting assume that enrollment is a constant perce t of something else (e.g, population) or that enrollment will mirror some projected tren for the school-age population over time. The report included 5 different calculations to rovide a range of possible projections for the District to the year 2015. This model pròd ces a projection that is between 24,000 and 26,000 when applied to the low, medium a d high range modes. This provides a reasonable range for long-range planning and is consi tent with estimates from various models. Long-range projections that establish the n ed for facilities are a modification of the cohort survival method. The cohort method of an lysis becomes less reliable the farther out the projections are made. The Federal Way S hool District long-range projections are studied annually. The study includes informatioh rom the jurisdictional demographers as they project future housing and population in th region. The long-range projections used by Federal Way Public Schools reflect a simil r age trend in student populations as the projections published by the Office of Fin ncial Management for the State of Washington. Near term projections assume some growt from new housing, which is offset by current local economic conditions. The District tr cks new development from four permitting jurisdictions. Long range planning assum s a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdiction to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. hese projections create a vision of the school district in the future, 17 FEDERAL WAY PUBLIC SCUD LS 2004/05 CAPITAL FACILITIES PLAN Full Time Equivalent En ollment History and Projections Simplified FTE (K Headcount = .5 FTE; Middle School FTE=.989 H adcount; Senior High FTE = .939 Headcount) Total K -12 Percent School Year Elementary Middle SCh I Senior High FTE Change 1997-98 11,123 5,073 4,082 20,278 1998-99 11,480 5,080 4,120 20,680 1.9% 1999-00 11,622 5,110 4,348 21,079 1.9% 2000-01 11,640 5,300 4,390 21,330 1.2% 2001-02 11,498 5,331 4,415 21,244 -0.4% 2002-03 11,202 5,448 4,405 21,055 -0.9% * 2003-04 9,127 5,518 6,327 20,972 -0.4% PlO04-05 8,988 5,541 6,494 21,023 0.2% PlO05-06 8,999 5,510 6,674 21,183 0.8% PlO06-07 9,079 5,379 6,785 21,243 0.3% PlO07-08 9,317 5,303 6,895 21,515 1.3% PlO08-09 9,506 5,313 6,882 21,701 0.9% PlO09-10 9,636 5,379 6,883 21,898 0.9% * New Configuration Elementary K-5 Middle Schoo 6-8 High School 9-12 23,000 22,000 21,000 - t:: S 20,000 u "0 III :! 19,000 ... Q .c 0 Ü 18,000 0 17,000 16,000 15,000 Enrollment History and ix Year Forecast -& ~ :g, -& rg, ~ -& 'fb ~ 2.5% 2.0% 1.5% 1.0% Q II) III 0.5% I!! u .5 ~ 0.0% -0.5% -1.0% -1.5% ~ ~ <9 ~ IiIIIIIIIIFTE -+- Percent of Change 18 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN All Grades, Elementary, Mi dIe School, and Senior High Schools The Capacity Summaries combine Buildi g Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use t mporary facilities or interim measures. The information is organized in spreads eet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and senior high levels individually, The notes at the bottom of each spreadsh et provide information about what facilities are in place each year. 19 FEDERAL WAY PUBLIC SCHüd)LS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMA RY . ALL GRADES CAPACITY BUILDING PROGRAM CAPACITY Add or subtract changes to capacity Special Education Changes Truman High modernization and expansion Increase Capacity at Three High Schools New Middle School Federal Way Public Academy Todd Beamer High School Adjusted Program Capacity ENROLLMENT Basic FTE Enrollment Internet Academy Enrollment (AAFTE) Basic FTE Enrollment without Internet Academy SURPLUS OR (UNHOUSED) PROGRAM CAPACITY RELOCATABLE CAPACITY Current Portable Capacity Add/Subtract Portable Capacity A,llI NlW p')!"!:11,k Capacity Deduct Porlal'l(:- C:I1:lc"iI.y AdJlbll:d PlIriable Ca'ac:lly SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE CAPACITY Actual 2003 20,439 20,439 2004 - - Projected - - 2005 2006 2007 2008 2,009 20,439 20,413 21,087 21,061 21,035 21,035 (26) (26) 20,413 21,087 21,061 21,035 21,035 21,035 (26) (26) 20,972 21,023 21,183 21,243 21,515 21,701 21,898 288 288 288 288 288 288 288 20,684 20,735 20,895 20,955 21,227 21,413 21,610 (245) 2,394 2.~!)~ 2,149 (322) 2,394 2}9~ 2,072 20 700 192 106 2,394 2,394 100 :2. .\l)~ 2.~().t 2,586 2,600 (192) 2,494 100 2..'i9~ 2,402 (378) 2,594 :2 )!)~ 2,216 (575) 2,462 :2..tÚ2 1,887 FEDERAL WAY PUBLIC SCHOC ~LS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMARY. ELEM ENTARY SCHOOLS Act fIal - - Projected - - CAPACITY 20D3 2004 2005 2006 2007 2008 2009 BUILDING PROGRAM CAPACITY 9,3 6 9,330 9,304 9,278 9,252 9,252 9,252 1. Special Education Changes (2b) (26) (26) (26) Adjusted Program Capacity 9,3 0 9,304 9,278 9,252 9,252 9,252 9,252 I ENROLLMENT Basic FfE Enrollment 9,1 7 8,988 8,999 9,079 9,317 9,506 9,636 2. Internet Academy (AAFfE) 3 32 32 32 32 32 32 Basic FfE Enrollment without Internet Academy 9,0 5 8,956 8,967 9,047 9,285 9,474 9,604 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY 235 348 311 205 (33) (222) (352) RELOCATABLE CAPACITY 3. Current Portable Capacity 1,4 0 1,450 1,450 1,450 1,450 1,450 1,450 Add/Subtract portable capacity ! ! I Adjusted Portable Capacity 1,4' 0 1,450 1,450 1,450 1,450 1,450 1,450 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE CAPACITY 1,615 1,798 1,761 1,655 1,417 1,228 1,098 NOTES: 1. Add Programs 2 ECEAP, 1 SBD (Severely Behavioral Dis( rdered) and 1 Pre-School Program. This reduces Basic Education capacity in the school years i b.dicated. 2. Internet Academy students are included in projections but ( 0 not require full time use of school facilities. 3. Relocatable Capacity is based on the number of portables a ailable and other administrative techniques which can be used to temporarily house students until permanent acilities are available. This is a calculated number only. The actual number of portables that will be used will be ba ed on actual student population needs. 21 FEDERAL WAY PUBLIC SCHO( ~LS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMARY -M umLE SCHOOLS Ac ual - - Projected - - CAPACITY 2( 03 2004 2005 2006 2007 2008 2009 BUILDING PROGRAM CAPACITY 4, 62 4,762 4,762 5,462 5,462 5,462 5,462 ! I 1. New Middle School ! 700 Adjusted Program Capacity 4, 62 4,762 5,462 5,462 5,462 5,462 5,462 ENROLLMENT Basic FfE Enrollment 5: 18 5,541 5,510 5,379 5,303 5,313 5,379 2. Internet Academy (AAFTE) 9~ 92 92 92 92 92 92 Basic FfE Enrollment without Internet Academy 5,~ 26 5,449 5,418 5,287 5,211 5,221 5,287 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY (6 fl4) (687) 44 175 251 241 175 RELOCATABLE CAPACITY 3. Current Portable Capacity 7 5 735 735 735 735 735 735 Add/Subtract portable capacity Add new portable capacity ... ...... ... Adjusted Portable Capacity 7 5 735 735 735 735 735 735 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE 4. CAPACITY 7 48 779 910 986 976 910 NOTES: 1. New Middle School to Open 2. Internet Academy students are included in projections but bo not require full time use of school facilities. 3. Relocatable Capacity is based on the number of portables vailable and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that \\111 be used will be b~ sed on actual student population needs. 4. Capacity for unhoused students will be accommodated wit traveling teachers and no planning time in some classroorr 22 FEDERAL WAY PUBLIC SCHO( ~LS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - SENIC R HIGH SCHOOLS Act al - - Projected - - CAPACITY ZO( 3 2004 2005 2006 2007 2008 2009 BUILDING PROGRAM CAPACITY 6,3 1 6,321 6,321 6,321 6,321 6,321 6,321 Add or subtract changes in capacity ...... ....... ...... Adjusted Program Capacity 6,3 1 6,321 6,321 6,321 6,321 6,321 6,321 ENROLLMENT Basic FIE Enrollment 6,3' 7 6,494 6,674 6,785 6,895 6,882 6,883 1. Internet Academy (AAFTE) 16 164 164 164 164 164 164 Basic Ed without Internet Academy 6,H3 6,330 6,510 6,621 6,731 6,718 6,719 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY 15 (9) (189) (300) (410) (397) (398) RELOCATABLE CAPACITY 2. Current Portable Capacity 20 209 209 209 309 409 409 3. Add new portable capacity 100 .... ...... ...... ~ Adjusted Portable Capacity 20 209 209 309 409 409 409 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE 4. CAPACITY 36 200 20 9 (1) 12 11 NOTES: 1. Internet Academy students are included in projections but ( 0 not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables a ailable and other administrative techniques which can be used to temporarily house students until permanent acilities are available. This is a calculated number only. The actual number of portables that will be used will be ba ed on actual student population needs. 3. Add Portable Capacity 4. Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooIT Puget Sound Early College will house approximately 60 of he unhoused students. Federal Way Public Academy may I to include grades 10 and 11. This would provide program f Dr additional high school students. 23 FEDERAL WAY PUBLIC SCH LS 2004/05 CAPITAL FACILITIES PLAN Each jurisdiction that imposes school im act fees requires that developers pay these fees to help cover a share of the impact ofne housing developments on school facilities. To determine an equitable fee througho t unincorporated King County, a formula was established, This fonnula can be found i King County Code 21A and was substantially adopted by the City of Federal Way a d Kent. The formula requires the District to establish a "Student Generation Factor" ich estimates how many students will be added to a school district by each new single 0 multi-family unit and to gather some standard construction costs, which are unique to th t district. - STUDENT GENERA nON FACTOR Federal Way Public Schools studentg neration factor was determined separately for single-family units and multi-family un ts. The factors used in the 2004/05 Capital Facilities Plan were derived using aatu 1 generation factors from single family units which were constructed in the last five ( ) years, The multi-family yield is derived from an average of other King County school d stricts. - IMP ACT FEE CALCULATION Following the calculations for the stude generation factor is a copy of the Impact Fee Calculation for single family and multi-fa ily units based on King County Code 2lA and the Growth Management Act. ~ Temporary Facility Cost is the averag cost of a portable purchased within the last 12 months. ~ Site Acquisition Costs is the per acre cost of the last school site purchased (site 45); this is a negotiated purchase price, Single Family Units Multi-Family Units Plan Year 2004/05 Collection Year 2004 $2868. $ 905. Plan Year 2003/04 Collection Year 2003 $3269, 940. J-f FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN STUDENT GENERATION NEW CONSTRUCTION IN PRIOR 5 YEARS Single Family Student Generation Number of Number of Number of Number of Number of Elementary Middle School Senior High Total Single Fam ily Multi-Family Elementary Middle School Senior High Student Student Student Student DEVELOPMENT Dwellinas Dwelllnas Students Students Students Factor Factor Factor Factor 03 Hunter's Glen 38 0 5 10 6 0.1316 0.2632 0.1579 0.5526 03 Bluffs at Redondo 30 0 13 6 5 0.4333 0.2000 0.1667 0.8000 02 Cedar Heights Estates 38 0 17 9 6 0.4474 0.2368 0.1579 0.8421 02 Silverwood 68 0 18 15 13 0.2647 0.2206 0.1912 0.6765 01 High Point Park 16 0 6 2 7 0.3750 0.1250 0.4375 0.9375 01 Woodbrook 93 0 24 7 16 0.2581 0.0753 0.1720 0.5054 00 Village at Star lake 26 0 12 7 8 0.4615 0.2692 0.3077 1.0385 00 Dash Pointe 31 0 20 5 6 0.6452 0.1613 0.1935 1.0000 99 Greenfield Park 27 0 9 5 2 0.3333 0.1852 0.0741 0.5926 (99) HeritageWooqs 111 0 .. 26 12 12 0.2342 0.1081 0.1081 0.4505 Total 478 0 150 78 81 Student Generation ..............~ ..........<......~.................... ..U..Ð41)q,>..... Multi-Family Student Generation Elementary Mid. heal Hi~ :hool Auburn 0.085 j 3 - Issaquah 0.091 I 4 Kent 0.293 4 lake Washington 0.070 .j 6 Northshore 0.058 7 Average 25 School Site Acquisition Cost: Student Student Facility Cost / Factor Factor Acrea e Acre SFR MFR ......................Q:.Q.Q.. .......................JQ.. .............,..... ............. .................g)}.~.~. ..................Q)'!.~.Q. ..................?~.ß.Q.. .............~~.???~7.... ................... ............. .................g.:.~.~.~? ..................Q:g~?g. 41.20 $82,733 0.1695 0.0530 TOTAL Elementary Middle School Sr High School Construction Cost: Student Student % Penn Fac.l Facility FaciI"ty Factor Factor Total S Ft Cost C a ity SFR MFR 96.32% $0 407 0.3138 0.1190 ................................. ................................................................. ................................. .................~~}.?~ ....~.!.§.?~.~.??2.?~... .............,..... ....?~.~ ..................~.:.~.~}? .................g:g~?~. 96.32% $46,468,638 1,493 0.1695 0.0530 TOTAL Elementary Middle School Sr High Temporary Facility Cost: Student Student % Temp Fac. Facility FaciI ty Factor Factor Total S Ft Cost Siz SFR MFR 3.68% SO 25 0.3138 0.1190 ................................. """""""""""""""""""""""""" ............ ................................. """""""""""""""'" 3.68% SO 25 0.1632 0.0420 ................................. .................................................... ............ ................................. ................................. 3.68% S82,151 25 0.1695 0.0530 TOTAL Elementary Middle School Sr High State Matching Credit Calculation: Student Student Boeck Cost! Sq. Ft. Sta e Factor Factor S Ft Student Mat h SFR MFR S129.81 80 ).OO(~;) 0.3138 0.1190 ................................. .................................................... ............ ................................. ................................. $129.81 110 ).00% 0.1632 0.0420 ................................. """"""""""""""'.................."'" .............................................. ................................. S129.81 120 5 .97% 0.1695 0.0530 Total Elementary Middle School New Sr High Tax Payment Credit Calculation Average Assessed Value (ApriI2004) Capital Bond Interest Rate (March 2004) Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ 799 $ 227 Pennanent Facility Cost $ 8,887 $ 2,568 Temporary Facility Cost $ 20 $ 6 State Match Credit $ (1,583) $ (495) Tax Payment Credit $ (2,387) $ (497) Sub-Total $ 5,737 $ 1,809 50% Local Share $ 2,868 $ 905 1m act Fee $ 2,868 $ 905 ,~ . J.-b . Cost! Cost! SFR MFR $0 $0 $412 $106 $387 $121 $799 $227 Cost! Cost! SFR MFR $0 $0 $3,806 $979 $5,081 $1,589 $8,887 $2,568 Cost! Cost! SFR MFR $0 $0 $0 $0 $20 $6 $20 $6 Cost! Cost! SFR MFR $0 $0 $0 $0 $1,583 $495 $1,583 $495 SFR MFR ......~?!.:?:.~.~.2....... $44.571 ................................. ..+.35% 4.35% ................................. ................................. ..J.!2Q~17..~.~..... ......~}~.~.'.?2.~....... 10 10 ................................. ................................. $ 1 .40 $1 .40 $2,387 $497 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN School Site Acquisition Cost: Student Student Facility Cost / Factor Factor Acreage Acre SFR MFR 0.00 $0 0.3138 0.1190 .................................................................................................... ................................. ................................. ....................~.~.:.~g... .............J~?:?~7... .................. .............. ..................~:.~.~.~.~ ..................9.:~~.~~ 41.20 $82,733 0.1695 0.0530 TOTAL Elementary Middle School Sr High School Construction Cost: Student Student % Perm Fac.! Facility Faci ity Factor Factor Total S Ft Cost C~ ity SFR MFR .................~.~J~~. ........................J.9... .................. ......~g.! ..................~}}.~.~ 0.1190 .................~.~:.~~~. .....E~.'.~.~.~:2?~... ............,..... ......?~.~ ..................~:.~.~.~~ ..................9.:~~.~~ 96.32% $46,468,638 1,493 0.1695 0.0530 TOTAL Elementary Middle School Sr High Temporary Facility Cost: Student Student % Temp Fac. Facility Fac' ity Factor Factor Total S Ft Cost Si e SFR MFR 3.68% $0 25 0.3138 0.1190 .................................................................................................... ................................. ................................. 3.68% $0 25 0.1632 0.0420 """""""""'"3'.(5ïi%' """""""$'Š2jSï'" ................. """"'2'Š """"""""'ï):ï"69'Š """""""""<):oš"3o TOTAL Elementary Middle School Sr High State Matching Credit Calculation: Student Student Boeck Cost! Sq. Ft. St te Factor Factor S Ft Student Ma ch SFR MFR $129.81 80 0.00% 0.3138 0.1190 """""""$Ú9:ïii" """"""""""""'ï'iö ................. Ö:ÖÖo/~ """""""""Ö:ï'632 """""""""O:O;ÚO .................................................................,................... .............. ................................. .........,....................... $129.81 120 9.97% 0.1695 0.0530 Total Elementary Middle School New Sr High Tax Payment Credit Calculation Average Assessed Value (April 2004) Capital Bond Interest Rate (March 2004) Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream Mitigation Fee Summary Site Acquisition Cost Permanent Facility Cost Temporary Facility Cost State Match Credit Tax Payment Credit Sub- Total 50% Local Share Single Family Multi-Family Residences Residences $ 799 $ 227 $ 9,219 $ 2,654 $ 20 $ 6 $ (1,583) $ (495) $ (2,387) $ (497) $ 6,069 $ 1,895 $ 3,034 $ 947 $ 3,034 $ 947 26 Impact Fee Cost! Cost! SFR MFR $0 $0 $412 $106 $387 $121 $799 $227 Cost! Cost! SFR MFR $0 $0 $4,138 $1,065 $5,081 $1,589 $9,219 $2,654 Cost! Cost! SFR MFR $0 $0 $0 $0 $20 $6 $20 $6 Cost! Cost! SFR MFR $0 $0 $0 $0 $1,583 $495 $1,583 $495 SFR MFR ......~~~}!.~.~~........ ........~.1~~?n........ 4.35% 4.35% ................................. ..........................,....... ....E~?9.12.~~..... .......~~.~.~:.~2~........ 10 10 ................................. """"""""""""""""" $1.40 $1.40 $2,387 $497 FEDERAL WAY PUBLIC SC 0 LS 2004/05 CAPITAL FACILITIES PLAN S CTION 4 SUMMARY OF CHANGES FROM HE 2002/03 CAPITAL FACILITIES PLAN SECTION I - THE CAPITAL FACILIT The 2004/05 Capital Facilities Plan is a updated document, based on the 2003/04 Capital Facilities Plan, The changes between t e 2003/04 Plan and the 2004/05 Plan are listed below, SIX. YEAR FINANCE PLAN The Six Year Finance Plan has been roUe forward to reflect 200412009 SECTION ill - SUPPORT DOCUMENT CAPACITY Elementary school capacity reflects pro ram changes for the 2004/05 school year. Middle School capacity changes reflect the transi ion from Junior High to Middle School and Board adopted program changes for the middle chool program. Elementary capacity includes space for All Day Kindergarten programs at ev ry elementary school. Building Program Capacities are found on page 13. PORTABLES The list of portables reflects the movem nt of portables between facilities or new portables purchased. Portable Locations can be fau d on page 15. STUDENT FORECAST The Student Forecast now covers 2004 th ough 2009. Enrollment history and projections are found on page 18. CAPACITY SUMMARY The changes in the Capacity Summary e a reflection of the changes in the capacities and student forecast. New schools and inc eased capacity at current buildings are shown as increases to capacity. Capacity Summari s are found on pages 20-23. 27 FEDERAL WAY PUBLIC SCHO LS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION - KIN COUNTY CODE 21A The Impact Fee Calculations have change due to changes in several factors. The adjustment made in the Impact Fee Calculation, causi g a change in the Impact Fee between the 2003/04 Capital Facilities Plan and the 2004/05 Ca ital Facilities Plan can be found on page 29. 28 FEDERAL WAY PUBLIC SC LS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CH1 GES FROM 2002/03 TO 2004/05 STUDENT GENERATION FACTORS I ! Student Generation factors are based on ~a es for new developments constructed over a period of not more than five years prior to he date of the fee calculation. The changes in student Generation factors between the ~O 3/04 Capital Facilities Plan and the 2004/05 I Capital Facilities Plan are due to develo~ ents that were deleted or added based upon the age of the developments and the year placedi the survey. The Student Generation worksheet is found on page 25, ' : SITE ACQUISITION COSTS The negotiated purchase price for the T~d This is the base line cost for acreage. T~e Academy land was $521,000 at the time!o Beamer High School site was $80,000 per acre. ssessed valuation for the Federal Way Public purchase. I The calculated cost per acre in the impaqt ee calculation is a weighted calculation using the $80,000 per acre for Todd Beamer and t~e assessed valuation at the time of purchase for the Federal Way Public Academy. Federal. ay Public Academy is a 3-acre site. The grade span for this facility is grades 6-10, Middle s~h 01 accounts for 60% of the cost; senior high is W%. ! I I I Todd Beamer: 40 x $80,000. FWPA Total Cost Cost/Acreage Cost per acre for High School i I Cost/Acreage $1,912,900/21.8 = $87,7f7 cost per acre i i SCHOOL CONSTRUCTION COSTS I I Todd Beamer construction costs is $44jO ,000, The costs for the new middle school are set at $15,400,000, The cost for Federal wh Public Academy (exclusive of land) is $4,921,594 The Federal Way Public Academy costs la split 60% to middle school and 40% to senior high in the impact fee calculation. i 29 FEDERAL WAY PUBLIC SC 0 LS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATIq CHANGES FROM 2002/03 TO 2004/05 llvIPACT FEE Item Comment Percent of Permanent Facilities Percent Temporary Facilities Temporary Facility Cost Boeck Cost/Sq. Ft State Match A verage Assessed Value Capital Bond Interest Rate Property Tax Levy Rate 96.4¡t 96.3 o/t 3.59 0 0 3.68~ $79,~9 . to $82,~5 . ! $11418 to $129 8 I I ! ! 60.9~~ to 59.91o/t ! I I SFR +- $203j6 0 to $213t8 9 MFRi- $51,~4 to $44,~ 1 4,69% 0 4.35~ $1.4~ t $1.4q I Report #3 aSPI Updated portable inventory A verage cost of temporary facilities in the 2002/03 calendar year. Change per aSPI Change per aSPI Per Puget Sound Educatjonal Service District (ESD 121) Market Rate King County Treasury Division 30 ! I ! , MEETING DATE: September 7, 2004 ITEM# E """"""'................"""'-............. CITY OF Ci AGE DERAL WAY ouncil A BILL SUBJECT: 2005 Community Development Block G ant (CDBG) Proposed Use of Funds CA TEGORY: BUDGET IMPACT: D CONSENT D RESOLUTION ~ CITY COUNCIL BUSINESS D ORDINA ~ PUBLIC D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ """'-""""""""""............................... A TT ACHMENTS: Memorandum to the Parks, Recreat 0 , Human Services, and Public Safety (PRHS&PS) Committee dated July 27,2004 with attachments 1-7. (Please note chment 4. has not been included to reduce reprinting. Attachment 4 was included in the August 16, 2004 PRH PS Committee agenda materials and is also available for review in the City Council office with the 2005 CDBG p lications.) """""""""""""""""""""""" SUMMARY/BACKGROUND: The Human Services 0 mission reviewed and evaluated 19 proposals for 2005 CDBG funding. The Commission held a public hearing on July 2 , 2004 to obtain public comment prior to finalizing their recommendations. The 2005 CDBG recommendations r based on a grant estimate of $756,796. The fmal amount available to allocate in 2005 will not be known until Co g ess adopts the 2005 federal budget. The 2005 Contingency Plan will be utilized ifthe final allocation may be highe 0 lower than the current estimate. A public hearing will be held at the Council Meeting to accept public input prior to C u cil adoption of the 2005 CDBG Proposed Use of Funds. I .......,.............................. """"""""""""""""""""""""""""" CITY COUNCIL COMMITTEE RECOMMENDA I N: At their August 16,2004 meeting, the Committee forwarded the 2005 CDBG Proposed Use of Funds to th 11 City Council without action due to the lack of a quorum. PROPOSED MOTION: I move approval of the 2005 mmunity Development Block Grant Proposed Use of Funds including the 2005 Contingency Plan and 2005 Conditi n of Funding, as presented by the Human Services Commission. The City Manager is authorized to enter into the require greements to carry out Federal Way's 2005 CDBG program. CITY MANAGER APPROVAL: """""""""""""""""""""""""""""""""'-""'" """""""""""""""""""""""""" 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances ony) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # CITY FEDERAL WAY CI COUNCIL PARKS, RECREATION, HUMAN S ICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: Background The Human Services Commission is pi a ed to present the 2005 Community Development Block Grant (CDBG) Pro 0 ed Use of Funds. The Council Committee is asked to review the funding recommen a ions and forward them to the full City Council for final approval. Included with this m 0 is: (1) the 2005 CDBG Proposed Use of Funds as of July 26, 2004; (2) a contin e cy plan providing guidelines for adjusting grant awards should the funds availabl i crease or decrease; (3) recommended. funding conditions for 2005 capital proj c s and public service programs; (4) project descriptions for each application with q stions and responses from applicants; (5) Planning and Administration Budget - t ff Recommendation; (6) a two-page overview of the CDBG program guidelines; and, 7 a reference copy of the City's CDBG Funding Strategies, I Recommendation Process The total amount of funds available for Federal regulations limit the amount of service programs and planning and ad Commission made their recommendati available in the following funding categ h year 2005 is estimated at $756,796, BG funds that can be allocated for public i istration activities. The Human Services n based upon the June 30 estimates of funds n s: $567,672 $113,975 $ 75,149 $756,796 Capital Projects Public Services Planning and Admini tration Total Available for 05 CDBG Program On May 6, 2004, applications were rec i ed for capital projects and public service programs. Nineteen proposals request a total of $1,489,008. Of that total, $1,305,427 was requested for capital p 0 ects and $183,581 was requested for public service programs. The Commission al 0 reviewed the Federal Way Housing Repair program as part of the 2005 CDBG ca it I projects and the planning and administration budget (Attachment 6) for the 2005 CD program, The Commission formed Ad Hoc Com i ees with staff to identify questions on the proposals that were not answered in th pplications, Questions were forwarded to the agencies and responses were included ith the application summaries to the full Commission, During weekly meetings, t e Commission carefully reviewed each application and the responses to questio s received from applicants before developing I ,t I Attachment 1 . City of Federal Way 2005 CDBG Prelim n ry Proposed Use of Funds. Draft July 26, 2004 Req e Proposed City CDBG Funding Strategy & Project Description Funding as of 7/26/2004 $ 23000 $ Project/Program Acquisition of Parent & Program Support Services Building Boys and Girls Club of King County $ Roduction - pro rat,1 decrease /ncmase . 3rrl priority up to total request Federal Way Youth Development Center 99999 $ $ 97 278 $ Senior Nutrition and Health Equipment for New Federal Way Community Center Federal Way Housing Repair Program Reduction - pro rata decrease /nCf(.'{JSf.' 1st Pflorityupto $150,000 Iota/ Emergency Grants, Deferred Payment & Affordable Monthly Payment Home Repair Loans Habitat for Humanity of Seattle/So King County n/a $ I $ $ 5 000 Habitat for Humanity Acquisition - Westway Sixplexes HomeSite $ 5 ,000 FirstHome program $ $ $ - #3: Address human service needs Funds will be used for acquisition of parent and program support services building to allow for proper zoning and expansion. 150,000 #3: Address human service needs . Funds will be used to construct the Federal Way Youth 49,999 Development Center, which is a partnership between the Boys & Girls Clubs of King County and the Federal Way School District, dedicated to teen programming, and located on the Truman Alternative High School Campus in downtown Federal Way. 97,278 #3: Address human service needs Funds will be used to purchase Senior nutrition and health equipment for the new Federal Way Community Center to maintain and expand services for seniors. 67,344 #3: Address human service needs Emergency grants, affordable monthly payment loans and . 82 656 deferred payment housing repair loans for low- and , moderate-income homeowners. #3: Address human service needs CDBG Funds will be used to acquire property/substandard housing units that will be renovated to provide homeownership opportunities for very low- income families (25-50% of median income). - #3: Address human service needs CDBG Funds, administered in the form of a recapture able loan, will be used for first-time buyers purchase assistance loans to households earning at or below 80% of median income purchasing new or existing homes in the city limits of Federal Way. Southridge House Fire and Life Safety Sprinkler System Lutheran Community Services Northwest $ ,100 Intergenerational Campus - Community Service Building Multi-Service Center $ 10 ,050 $ Employee Development Services - Federal Way Pediatric Interim Care Center, The Newborn Nursery Reduction - pro rata decrease Increase - 2nd project funded up to request PICC New Facility Construction $ 7 ,000 $ ! 7/27/2004 11:07 AM $ $ #3: Address human service needs Funds are requested to help pay for the installation of the fire and life safety sprinkler system to retrofit Southridge House to protect residents. - #3: Address human service needs Funds will be used to cover permitting and fees associated with the development of a Community Services Building to provide licensed childcare, chore services for eldertytdisabled individuals, refugee and immigrant support services, and a health center. 103,050 #3 Address human service needs The grant will be used to increase economic opportunities of low- and moderate-income Federal Way residents by raising their level of employability and helping them progress toward family wage jobs. #3: Address human service needs Funds will be used to construct a new regional facility to care for drug-exposed/medically fragile newborns on three purchased lots at the corner of 4th Avenue S. and Saar St. in Kent. available to allocate as of 06/30/04 - $567,672 lof3 City of Federal Way 2005 CDBG Prelim né ry Proposed Use of Funds - Draft July 26, 2004 Project/Program Public Services I B,i~ Brothers Big Sisters of King and Pierce Counties $ .~<t1f')rv1f)min.' Federal Way Mentoring Program (BBBSKPC-FWMP) Catholic Community Services Increase - 2nd Priority - if additional $10,000 received Chaya ChayalAdvocacy and Mobilization Health Centers of v:. ,/", .... -J D,.;~~~/ Dental Care Emergency Feeding Program Federal Way Emergency Feeding Program Federal Way Norman Center YMCA Reduclion - decrease pro r¡¡la 10 Si 10.000 min. lncroase - 1 sl Priority - split w/MultlC,1ru Adult Day I fl.,¡,tlh up 10 loin! ((),:/uest CARES Program (Children Active in Recreation and Education Services) Federal Way Senior Center", ¡Adult Day Care Institute for PACT (Parents -~ Korean Women's Association 'WE ARE FAMILY' Shelter MultiCare Health System Reduclion - decrease pro rala to $10,000 min Increase split wlYMCA Norman Center CARES up 10 total mquest Adult Day Health ~ Auburn Public Services SulJ..totals $ Contingency Awards Public Services w/Contingency Awards 7/27/2004 11:07 AM min. min. Proposed Funding as of 7/26/2004 18,1i43 $ 18,443 #3: Address human service needs ,ii{ {';; 1"~'{{:',i'Ai.i"l Funds will be used in focusing upon self-support system that empowers families and communities to make contributions to their own well-being and enhance the quality of life. - #3: Address human service needs JO,OOC Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate- income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. ReqLes $ 8, 00 $ 22 000 $ 14 338 $ $ 10000 $ $ I [4 ,500 $ "I l: $ 1 ,sac $ $ 11 ,800 $ ¡./, ,',,' $ 1 ,000 $ 2 ,000 $ I $ I $ I I 83 581 ~~~L-\ City CDBG Funding Strategy & Rationale $ $ - #3: Address human service needs Focus upon self-support systems that empower families and communities to make contributions to their own well- being. Also Chaya functions as a bridge to other domestic violence resources, critical support services, education and information that helps keep both women and families safe. 14,338 #3: Address human service needs CHCKC's Primary Dental care program provides comprehensive primary dental care to low income and uninsured families and individuals living in King County communities outside Seattle. 10,000 #3: Address human service needs The grant will provide a complete two-day supply of nutritionally balanced food in a quantity and diet that is appropriate to the client needs, as well as referrals to other community resources to help address the deeper issues that precipitated the hunger crisis. 34,894 #3: Address human service needs 24;894 The grant will be used to provide financial assistance to 10,606 low-income families with school-age children who wish to participate in YMCA programs. $ 12,500 #3: Address human service needs The grant would fund services for senior citizens experiencing dementia/Alzheimer disease and other limitations. 13,800 #3: Address human service needs ,,3.1\00 The grant funds will provide in-home counseling, skill building, and support to high-risk low income families not engaged in or benefiting from other community services and experiencing problems such as family conflict/violence, abuse/neglect child/teen behavior problems and mental health disorders. - #3: Address human service needs The grant funds will provide meals and beds for the victims of domestic violence and their children as well as education and case management. 10,000 #3: Address human service needs - The gr an! funds will be used to provide health and 15,000 rehabilitative services to functionally. physically, mentally, or cognltlvely impaired adults and elderly persons in order to improve or maintain their health status, level of functioning, and to maximize their potential for independent living. $ $ $ 113,975 avail, to allocate est as of 6/30/04 - $113,975 35,606 149,581 2or City of Federal Way 2005 CDBG Prelimi né ry Proposed Use of Funds - Draft July 26, 2004 Project/Program Requ ~st Proposed City CDBG Fundina Strategy & Rationale Funding as of Planninq and Administration 7/26/2004 City of Federal Way - Human Services $ 5, 49 $ 75,149 #3: Activity 4: Administer City's CDBG program. Funds will support grant administration and special Planning and Administration planning projects. Planning and Admin. Sub-totals $ 7 ,1 9 $ 75,149 available to allocate est as of 6/30/04 - $75,149 GRAND TOTALS $ 1,5 4, 57 $ 756,796 $756,796 - Total available to allocate as of 06/30/04 1 ~. ~ 7fl7r2004 11:07 AM 30 f3 Draft 07/26/04 Attachment 2 CITY OF F DERAL WAY 2005 CDBG C TINGENCY PLAN . The allocation process for 2005 Community 0 v lopment Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2005 CDBG fun s. The City will not know its exact grant amount until after Congress passes the HUD Appropriation il. This is expected to occur by December 2004, For this reason, the allocation process includes a c ingency plan, The plan allows for adjustment up or down based upon the final grant amount and/o ny additional funds received as the result of project cancellations or additional recaptured funds. SHOULD THE GRANT AMOUNT INCREASE OR AD I IONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply any inc e se in the amount of CDBG capital funds as follows: 1. Additional capital funds available, up to $ 2,656, will be allocated to the Federal Way Housing Repair Program administered by the Ki g County Department of Community and Human Servicès up to a total allocation of $150,0 0; and, . 2. Should the above project be funded to h stated level and any additional capital funds be available, up to $25,000 will be allocate 0 the Pediatric Interim Care Center for the Newborn Nursery building up to the total request fo $75,000; and 3. Should the above projects be fully fund d and any additional capital funds be available, up to $49,999, will be allocated to the Boys a Girls Club of King County for the Federal Way Youth Development Center up to the to a request for $199,999; and 4. If additional capital funds are received, u ds will be carried over to the 2006 CDBG program year unless the Human Services Com is ion requests new applications for funds and/or additional Council action is taken to all c te funds, Public Service Programs - The City will appl a y increase in the amount of CDBG public service funds as follows: . 1. If any additional public service funds b c me available, funds will be allocated equally between the MultiCare Health System 0 the Adult Day Health Auburn program and the Federal Way Norman Center for the C ES Program until each program reaches the total amount requested for 2005; and, 2, If an additional $10,000 of public servi e unds become available after the first contingency is fully funded, funds will be allocated to a holic Community Services for the Katherine's House Transitional Housing program; and, 3, If less than $10,000 of public service f n s become available and/or any additional public service funds are received after the se 0 d contingency is fully funded, funds will be allocated to 2005 CDBG Capital projects in acco d nce with the priority order listed above. Planning and Administration - The City will p Iy any increase in the amount of CDBG planning and administration funds as follows: 1, Any additional funds for planning and d inistration activities will be allocated to Planning and Administration to cover administrative 0 ts for Federal Way's CDBG program; and ~ Draft 07/26/04 2. Additional funds not needed for adminis r tion of Federal Way's CDBG program will be applied toward the costs of additional pi n ing activities consistent with the King County Consortium Consolidated Housing and 0 munity Development Plan; and 3. Additional funds received not needed fo lanning and administration activities will be allocated to capital projects in accordan e with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects - The City will decrease the ar unt of CDBG funds allocated for capital projects as follows: . I 1, Any unallocated capital funds available il be decreased before reductions are made to specific projects, 2, Decreases will be made to 2005 CDBG pital Projects in proportion to the percentage decrease in grant funds. The following r jects will be reduced proportionately: the Boys and Girls Club of King County Federal Way uth Development Center; the City of Federal Way Senior Nutrition and Health Equipment r the New Federal Way Community Center; the King County Housing and Community Devel pent Federal Way Housing Repair Program; the King County Housing Authority Southrid House Fire and Life Safety Sprinkler System; the Multi-Service Center Employee Develo m nt Services Federal Way program; and, the Pediatric Interim Care Center, the New 0 n Nursery PICC New Facility Construction, Public Service Programs -- The City will decrla e the amount of CDBG funds allocated for public service programs as follows: r 1. Decreases will be made to all public se i e programs in proportion to the percentage decrease in grant funds until they reach t e $10,000 minimum funding level. These programs are: Big Brothers Big Sisters of King a d ierce Counties, Federal Way Mentoring Program; Community Health Centers of KingCou t Federal Way Dental Access; Federal Way Norman Center YMCA, CARES Program; Feder I ay Senior Center, Adult Day Care; Institute for Family Development, PACT program; a ,MultiCare Health System, Adult Day Health- Auburn. Planning and Administration -- The City will I crease the amount of CDBG funds allocated for CDBG planning and administration as follows: r I 1, Funds for additional planning activities Iii be reduced first; then 2. Funding for CDBG administrative activi ie will be decreased. I f\ Draft 07/26/04 . Attachment 3 2005 CDBG A OCA TIONS PROCESS Funding Conditions for Capi a Projects and Public Service Projects All 2005 CDBG Projects 1. An environmental review of Feder lay-awarded CDBG projects must be completed by King County before contracts will c mence. 2, All projects must comply with Com nity Development Block Grant Program Regulations (24 CFR Part 570) an pplicable King County Consortium policies as outlined in the King County Consol d ted Housing & Community Development Plan for 2000-2003, as amended. 3, All CDBG projects shall comply wit II applicable federal, state, and City laws including, without limitation, all City codes, 0 i ances, resolutions, standards and policies, as now exist or hereafter adopted or amen d including land use and/or building permit requirements and processes. Federal Way 200 CDBG Capital Projects All 2005 CDBG Capital Projects 1. Federal Way 2005 CDBG Capital r jects will contract with the King County Department of Community and Human Service. 2, Federal Way 2005 CDBG Capital r jects currently have two years to complete the project activity from the date funds a e awarded unless an earlier date is stated below and/or the Joint Recommendation mmittee extends the project with input from the City of Federal Way, This policy a be amended by the Joint Recommendation Committee. The following specific condition(s) ad e s concerns that Staff and the Commission discussed as they reviewed the applic ti ns. Boys and Girls Club of King countYI- Federal Way Youth Development Center a) Past and future allocations to this proj~C must be spent down and billed to King County by September 30,2005. ! b) Applicant must receive written notifica io from King County Community Services Division staff verifying that environmental revie is complete before any ¡"choice limiting activities" are taken. Federal Way and King Co n y staff must be notified by the applicant if the scope of the project changes after the 2004 BG application environmental review. I c) The applicant indicates that they will d~ ncome verification on all clients utilizing the Boys and Girls Club Youth Development Fa il ty, The project must meet the federal eligibility requirements for serving at least 51 % 0 /moderate-income residents~ Draft 07/26/04 d) Federal Way School District must provi e the necessary deed restrictions to King County Department of Community and Human rvices as required in the King County CDBG Consortium policies. e) This project must comply with Section f the Housing and Urban Development Act of 1968, as amended, 12 U.S,C. 1701u (" ction 3") requiring employment opportunities on federally assisted construction projects a d all other applicable requirements. City of Federal Way - SenjQ[ Nutritio Way Community Center nd Health Equipment for the New Federal a) Applicant must receive written notificati from King County Community Services Division staff verifying that environmental revie i complete before any "choice limiting activities" are taken. King County staff must be ot fied by the applicant if any changes are made to the scope of the project since the 2005 DBG application was submitted. b) Equipment purchased with CDBG fund ust be "built-in" to be eligible for funding. Staff will work with the applicant to determine w a equipment qualifies for funding and if substitutions need to be made to meet this requirem t. c) If feasible, equipment will be purchase nd billing submitted to King County by September 2005 to assist with timely expenditure f DBG funds. ! King County Department of commufi - and Human Services - Federal Way Housing Repair Program No specific conditions. King County Housing Authority,- - sl thridge House Fire & Life Safety Sprinkler Sp~m ~. a) Uniform Relocation Assistance and R al Property Acquisition Policies Act of 1970 as amended (!IURA") and/or Section 104( ) of the Housing and Community Development Act of 1974, as amended ("Barney Frank A e dment") are triggered by this project and included in the budget. Relocation requiremen ust be coordinated and verified with King County Relocation Specialist. b) Contract and reporting issues must b r solved between the King County Housing Authority and the King County Housing Finance P ogram to ensure that this project can move forward in a timely manner. c) Section 504 and accessibility require e ts must be met and may include making 5% of the units and common spaces ADA acce si Ie as determined by the King County Housing Finance Program staff, d) If more than one source of Federal fu d is used in this project, the most restrictive conditions of the Federal programs s al apply, KCHA shall provide notification to the City of Federal Way and King County Housin inance of any conflicts between Federal programs P ge 2 of 5 . ; \\.~ Draft 07/26/04 requirements. KCHA shall insure that a I gulations for this project be in compliance for their respective funding sources. In the even ny item is found to be in noncompliance KCHA shall immediately correct the item bring n it into compliance using KCHA funds only. Multi-Service Center - Employee Dev I pment Services Project a) Service units and units of service will b djusted based upon the amount of funding and refinement of the program service and n t costs definitions. b) 2005 awards are contingent upon succ s ful completion of the Multi-Service Center's 2004 CDBG Contract for the Employee Dev 10 ment Program. c) The Multi-Service Center will continue 0 nsure that participants in the Employee Development Services Project are not e eiving duplicative services from other agencies such as the Washington State Employ nt Security, the Department of Social and Health Services, and/or other programs. Clie ts eligible for similar employment services through another program will not be included in t e project funded by the City of Federal Way, d) Services charged to this program must b offered in Federal Way to Federal Way residents. e) The Multi-Service Center will continue ru reach to ensure that the program is offered to Federal Way residents that are current y nder-employed to assist residents in progressing toward a family wage job. f) The Multi-Service Center will continue rking with Federal Way employers to identify. partnerships for job placements and tr in ng needs for program participants. Pediatric Interim Care Center - The Ne b rn Nursery a) 2005 Federal Way CDBG funds are co t ngent upon the applicant meeting the construction schedule by task as submitted in the 2 0 CDBG application with the project to be completed by December 2005. I b) Uniform Relocation Assistance and R al Property Acquisition Policies Act of 1970 as amended ("URN) and/or Section 104( ) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Am dment") may be triggered by this project. Relocation requirements must be coor i ated and verified with King County Relocation Specialist. c) Applicant must receive written notifica 10 from King County Community Services Division staff verifying that environmental revie s complete before any "choice limiting activities" are taken, including purchase of the p 0 erty. Environmental must be reviewed if any changes to the scope of the project ar ade from the 2005 CDBG application, d) If the property has not yet been secur d a purchase and sale agreement allowing sufficient time to clear environmental and allowi g the distribution of the General Information Notice for relocation (if necessary) should be in place before funds are awarded. Specific language is required to be included in the purch s and sale agreement for a "conditional commitment" clause, allowing the app ic nt to avoid purchasing the property if the environmental review reveals somethi g that doesn't comply with anyone of the ge 3 of 5 ~- \ \) Draft 07/26/04 environmental review regulations, and t n this feature cannot be mitigated, This clause should be written into the purchase and S Ie agreement, and the seller must initial by that section to acknowledge they agree to toe terms. Sample language is available from the King County Environmental Specialist. If a purchase and sale agreement is in I ce, the applicant must receive written notification from King County Community Services D vision staff verifying that environmental review is complete before any "choice limiting ac iv ties" are taken, including purchasing the property. The above term may need to be reneg ti ted into the purchase and sale agreement. King County staff is working with the agency t see if a resolution to this issue can be reached. e) Preliminary review indicates that this a p ication may trigger a higher degree of environmental review. Updated inform ti n should be requested from the applicant/City of Kentland King County on the addition a C st and time needed for environmental review prior to the July public hearing before fundin. S finalized, Federal Way 2005 ct G Public Service Projects All 2005 CDBG Public Service prOjects! 1. If funded, service units and units 0 s rvice will be adjusted based upon the amount of funding and refinement of the prog a service and unit costs definitions, 2. 2005 awards are contingent upon u cessful completion of each agency's 2004 CDBG Contract for public service. The following specific condition(s) add e s concerns that Staff and the Commission discuss.ed as they reviewed the applic ti ns. Big Brothers Big Sisters of King and Pi a) No specific conditions. e Counties - Federal Way Mentoring Program Community Health Centers of King Co n - Federal Way Dental Access a) Federal Way Dental Access Program u ding is contingent upon the Federal Way Dental Access Program receiving funding fro ederal Way's 2005 Human Services General Fund for a minimum of $15,900. b) Funds awarded, as part of Federal W y s 2005 CDBG program, must be used to provide additional units of service above that r vided by a 2005 Federal Way Human Services General Fund award. Emergency Feeding Program - Federa ay Emergency Feeding Program a) Federal Way Emergency Feeding Pr g m funding is contingent upon the Federal Way Emergency Feeding Program receivi g unding from Federal Way's 2005 Human Services General Fund for a minimum of $7,8 , age 4 0. f 5 \ . f\-\ Draft 07/26/04 b) Funds awarded, as part of Federal Wa ' 2005 CDBG program, must be used to provide additional units of service above that p 0 ided by a 2005 Federal Way Human Services General Fund award. c) Funds awarded are contingent upon at Ie st one additional distribution site being located within the city limits of Federal Way. d) If fully funded, Emergency Feeding Pro r m will serve an additional 1,015 unduplicated Federal Way clients with funding from BG and the Human Services General fund to be phased over the 2005/2006 funding pe i . Increased quarterly service goals will be included in the 2005/2006 CDBG and u an Services General Fund contracts. Federal Way Norman Center YMCA - C Education Services) ES Program (Children Active in Recreation and No specific conditions. Institute for Family Development - PAC Parents and Children Together) a. Institute for Family Development - PA T unding is contingent upon the PACT Program receiving funding for Federal Way's 20 Human Services General Fund for a minimum of $3,000. b. Funds awarded, as part of Federal Wa ' 2005 CDBG program, must be used to provide additional units of service above that p 0 ided by a Federal Way 2005 Human Services General Fund award. MultiCare Health System - Adult Day Hath Auburn a) An average uncompensated care rate h uld be developed to determine the appropriate number of clients served with requeste unds. -{L I ge 5 of 5 DATE: TO: FROM: SUBJECT: June 22, 2004 Human Services Commissi n .. / n 0 ./' Kelli O'Donnell, CDBG Coo d nato~ - 2005 Community Develop e t Block Grant (CDBG) Planning and Administration Budget -- Staff Recommen a ion Introduction and Background As part of your funding recommendations 0 the City Council, the Commission will make a recommendation regarding the use of 200 DBG Planning and Administration funds. This memo includes: background information n how the CDBG Planning and Administration funds have been used in previous years and the s aff recommendation for use of the 2005 CDBG Planning and Administration funds, Attachment 5 . The total estimated amount of CDBG fun s vail able to the City for 2005 as of June 22,2004, is $741,277. Of this, $75,149 is earmarked 0 planning and administration of the City's CDBG Program, The budget proposed by staff u il es the full amount of estimated CDBG Planning and Administration funds available, which is consistent with past years, The planning and administration funds available to Federal y in 2005 have decreased by $9,430 from 2004 due to the increased administration costs of the ing County CDBG Consortium. Eli ible Uses of Plannin and Adminis r tion Funds Planning and Administration is one of thr e categories that the Department of Housing and Urban Development (CDBG) has deeme s an eligible use of CDBG funds, Eligible uses of Planning and Administration dollars inclu e personnel and related administrative costs used to administer the CDBG program, planning r jects such as studies, analyses, data gathering and preparation of written plans and action ite ,Administrative costs include the cost of required legal ads, office supplies, and travel and r ining. The proposed use of the City's 2005 Planning and Administration Funds is consistent w th the HUD eligibility guidelines. Pro osed Use of 2005 CDBG Plannin a d Administration Funds The proposed 2005 budget is outlined b 10 ,with the 2003 and 2004 budget provided for comparison purposes. Below are the est ated costs and descriptions of each budget category. CDBG Plannin nd Administration Bud et Budget Category 2003 2004 Proposed 2005 $69,899 Personnel Costs $62,756 $75,665 $ 3,850 $8,914 $23,442 $ 0 $90,048 $84,579 $ 5,250 Program Operating Costs Consultant and Purchased Services $ 0 TOTAL $75,149 ~, \ 3Y Budget Category Descriptions Personnel Costs - Includes the majority f the salary and benefits for the CDBG Coordinator (1.0 FTE). 2004 funding included additio al temporary administrative staff hours as there was not adequate funding available in 2004 to in rease the Administrative Assistant position to a .5 FTE as was proposed. Funds available f r fanning and administration that are not programmed will be added to Federal Wa' CDBG Capital funds. Program Operating Costs - Includes leg I dvertising, training, mileage reimbursement, equipment, and supplies necessary for adm nistering the CDBG program. Training funds for the Human Services Commission's annual re r t are also included in this amount. Consultant and Purchased Services - I ludes special project funds for consultant or purchased services, In past years, these u ds have been used. for updates to the Human Services Comprehensive Plan, outcomes te hnical assistance to agencies, and development of the CDBG/Human Services photo display bard. In 2003, the Human Services Commission recommended that additional P&A funds e applied toward the cost of a Consolidated Housing and Community Development Plan. An a d tional $20,000 was received from the Consortium to apply toward the Consolidated Plan. The e funds have been carried forward to 2004 to complete the planning project. Additional funding is budgeted in the 2004 General Fund to complete the Plan. , n Local Strategy Addressed The proposed use of 2005 CDBG Planni g nd Administration funds is consistent with the City's CDBG Strategies, as noted below. Strategy #3 -- Address human services n e s which focus upon self-support systems that empower families and communities to ma contributions to their own well-being and enhance the quality of their lives. Provide technica ssistance, planning and administrative services to increase performance levels of CDBG pr g am participants. Activity #4 - Planning and administration u ds will be used to administer the City's CDBG program and when additional planning fu d are available, special planning projects will be considered, . Staff Recommendation Staff recommends using the full amount f 005 CDBG Planning and Administration Funds available ($75,149) for the ç¡dministration 0 the City's CDBG program as outlined above. Staff will present the planning and admini t ation budget at the June 28 meeting. Adoption of the 2005 planning and administration bu g t will be part of the Commission's final recommendation for the 2005 CDBG pro r m on July 26, 2004 If you have any questions about the plan in and administration budget before then, please call me at(253) 661-4153 or E-mail at kellio f dway,org. . 1\ ) 35 Attachment 6 . PMENT BLOCK GRANT The federal e artment of Housing and Urban Development's (HUD) Com ity Development Block Grant (CDBG) program provides ana al grant to entitled cities and counties. The purpose of th s rant is to help develop viable urban communities by providing ent housing and a suitable living environment, and by expanding e onomic opportunities, principally for low- and moderate-inc e persons. INTRODUCTION The City ofF eral Way receives its CDBG allocation through the King County C BG Consortium. The allocation is based upon the City's popul i n and percentage share of low- and moderate income indiv dais. The City implements programs by contracting for services it its own departments or through area non-profit agencIes. The Commu it Development Block Grant can be used to carry out a wide ra of community development activities directed toward revit i ing neighborhoods, economic development, and providing im r ved community facilities and public services, NATIONAL OBJECTIVES The City fun s CDBG programs by means of an annual application process, Eac roject or program proposal is measured against locally estab is ed goals and three nationally established objectives. h national objectives support activities that: Benefit I - and moderate-income persons; Aid in th revention or elimination of slums or blight; or Meet oth r community development needs having a particular urgency e ause existing conditions pose a serious and immedia e hreat to the health or welfare of the community where ot e financial resources are not available to meet such needs (i., isaster recovery relief). . . . In general, t e ity of Federal Way does not exhibit the characteristi s ecessary for a project to be justified under the second or th r objectives. Therefore, the vast majority of the City's CDB rojects are justified under the first objective of low- and moderat - ncome benefit. Source: Code of Federal Regul ti os Title 24, Part 570 (24 CFR 570) ,-13(., ELIGIBLE ACTIVITIES IMPLEMENTION OF ACTIVITIES EXAMPLES Source: ow an activity may be considered to benefit low- ome persons are divided into four subcategories: . Those inv I ing area benefit, Those se i g a limited clientele (i.e. the disabled or elderly), Those inv I ing housing, and Those inv I ingjob creation or retention. . . . Once a proje eets a national objective, it must also qualify as an eligible activi y under local and federal requirements, CDBG funds may be u ed for activities that include, but are not limited to: . Acquisiti n disposition, or clearance of real property; Rehabilit ti n of residential and non-residential structures; Construct" 0 of public f~cilities and improvements, such as water an s wer facilities, streets, and neighborhood centers; Direct hu n services; Homeo e ship assistance programs; Activitie r lating to energy conservation and renewable energy resources d Assistan 0 for-profit businesses to carry out neighborhood economi d velopment or job creation or retention activities. ! . . . . . . The City, as DBG recipient, can undertake activities directly, or can identify s b-recipient to undertake activities. Sub-recipients are public or p ivate non-profit agencies, authorities, or organization, CDBG assistance to private for-profit businesses is allowed wit t e addition of an extra level of regulatory scrutiny and perform n e reporting, Exceptions to this rule include aid given to mic 0 nterprises (businesses employing less than five persons) and e terior rehabilitation of commercial buildings. I ! I ay incorporated, a wide variety of programs and enefited from complete or partial CDBG funding, . Reconst tion of sidewalks for wheelchair accessibility . Transiti n I shelter for homeless women and children . Signaliz d pedestrian crossing in a lower income neighborhood . Child ca e subsidy program . First ti omeownership program . Domesti iolence Advocacy program . Public i rovements in the International District . Home r p ir loan and grant program Code of Federal Regul ti ns Title 24, Part 570 (24 CFR 570) Attachment 7 . HOUSING AND CO S ITY DEVELOPMENT TEGIES The Housing and Community Developmen rategies provide guidelines for the allocation of CDBG funds and are consistent with the Ci y' Comprehensive Plan developed under the Growth Management Act and the Human Servicés prehensive Plan, GOAL STATEMENT Service needs for City residents far outwei e availability of resources, As a relatively newly incorporated jurisdiction with a large and d v rse population, the City is faced with the challenge of providing services that address needs in h areas of affordable and special needs housing, human services and community developme t The City will use CDBG funds to develop iable community in which quality of life is enhanced by providing decent housing and uitable living environment and by expanding economic opportunities for low- and mode at -income persons. ~ To stimulate economic development eds oflow- and moderate-income persons are OBJECTIVES ~ To fund projects which address local n e ~ To ensure that the basic human service addressed ~ To adequately address the City's housi g eeds to accommodate projected growth in low- and moderate-income households, as well senior and special needs populations ~ To preserve the existing housing stock d trengthen the City's infrastructure NEEDS The City of Federal Way has identified ho s' g and non-housing community development needs through public involvement activities, stu ie , needs assessments, and planning processes. 1. Public and Community Facilities 1m ovements - Senior and Community Centers, Child Care Centers, Parks and Recreation Fa il ties, and Health and Social Services Facilities which predominantly serve low- and 0 erate-income persons and address severe health and safety problems, t 13~ Housing and Community Development Strategies Page 2 of 5 2. Housing - Affordable housing for low- d moderate-income people, seniors, special needs populations, transitional housing and e e gency shelters, and preservation of existing housing stock. 3. Accessibility - Modifications to comm ty facilities and existing structures to remove barriers and improve safety conditions s ecially for elderly and disabled persons. 4. Infrastructure Improvement - Neigh 0 hood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pe trian Crossing Improvements, Transportation Improvements, and Street Lighting. 5, Public Services - Projects which meet h following City Council human services goals: ~ support basic human needs through nding of emergency services; ~ support a strong service delivery sy t m that increases public safety; ~ provides support that supplements e eral, state, and county programs designed to increase self-sufficiency and indep n ence; and ~ support service models that improv ommunity-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource developm n and potential annexation areas. ! I The City of Federal Way adopts the follo.1 g three strategies to guide funding decisions for the annual Community Development Block Gfa t allocation. STRATEGIES Strategy #1 Develop a range of housing opportunities i ed at increasing the supply of affordable housing to accommodate the projected growth in low nd moderate-income households, Create housing opportunities for seniors, youth, special n e s groups and impact the availability of transitional housing and emergency shelters. ~ Activity 1 Preservation of housing stock in e i ting neighborhoods has been cited as an important community value in Federal Way, 0 e which played a large role in the community's decision to incorporate. The City i I maintain a Housing Rehabilitation Loan and Grant Program to maintain health and sa e standards in the homes of low- and moderate- income households and persons w t disabilities. iders, suburban homelessness is increasing. There is mergency shelter facilities in South King County to ity will continue to support local and regional ~ Activity 2 According to established service r a limited supply of transitional an meet this overwhelming need. T '~Lj9 Housing and Community Development Strategies Page 3 of 5 shelter and transitional housing serv c providers, The City will encourage and support . more homelessness prevention servi s, including youth shelter services, ~ Activity 3 The City will explore a variety of m t ods to increase the supply of affordable housing for low- and moderate-income fami ie . The City will: . Consider participating in a Sout ing County regional entity to address housing needs, . Assess the value of pooling tec i al resources between jurisdictions to assist in the development and implementatio f housing policies and programs, . Look at the benefits of collabor ti e efforts to coordinate local government money and resources in a way that will fact greater private and not-for-profit investment into afforda~le housing. . Consider funding homeowners ip programs such as down payment assistance, sweat equity, homebuyer education, c unity land trust or those that reduce development costs or reduce mortgages. City's infrastructure and stimulate economic ual CDBG allocation will be targeted toward Strategy #2 Prioritize and fund projects that strengthen h development, Fifteen percent (15%) of the projects categorized under this strategy. ~ Activity 1 The City will seek opportunities fo infrastructure by working with the from the Management Team. p blic funding of capital facilities, services and an Services Commission, and soliciting input ~ Activity 3 The City will consider funding proje ts which encourage community development activities such as job creation, do t wn and neighborhood revitalization, and those activities consistent with the City's mprehensive Plan and Human Services Comprehensive Plan, and community facilities improvement projects issues particularly for the well-being of youth, ~ Activity 2 The City will consider funding pub i which address safety and accessibil t elderly, and disabled persons. ~ Activity 4 The City will consider funding cap t transportation improvement projects which connect low- and moderate-incom using areas with vital services in the City. t:\ ttD Housing and Community Development Strategies Page 4 of 5 Strategy #3 Address human services needs which focu u on self-support systems that empower families and communities to make contributions to thei 0 n well-being and enhance the quality of their lives. Provide technical assistance, planning and d inistrative services to increase performance levels of CDBG program participants. ~ Activity 1 The City recognizes that problems nature and can result in dysfunctio complex problems often require a environments which provide peopl The City will fund projects and age c es with a holistic approach to service deliyery and demonstrate the ability to leverage ds and network with other service providers. a ed by children and their families are complex in d tragedy if not addressed holistically, Solutions to ety of interactive approaches designed to create ith the tools to help themselves. ~ Activity 2 The social environment for youth i 0 en volatile and filled with life-threatening circumstances, Collective efforts been local community organizations, the School District, and the City, may provide f ective solutions that positively impact the young people in Federal Way. . The City will fund projects and pu Ii service agencies which assist families with children in the areas of employme nd youth services. The City will consider funding proje s which provide "at-risk" youth with more recreational and educational altern ti es, ~ Activity 3 The City will participate in region1 nd local planning activities with King County, the South King County Community N t ork Board, and other funders and jurisdictions to coordinate funding approaches, po ic es and service delivery which facilitate a continuum of care for people, , ~ Activity 4 Planning and administration funds and when additional planning fund considered, II be used to administer the City's CDBG program e available, special planning projects will be -I Y ( MEETING DATE: September 7, 2004 ITEM# ~~---- SUBJECT: Motorized Vehicle Use Ordinance Re i ion DERAL WAY Council DA BILL CATEGORY: BUDGET IMPACT: X ORDIN.Af' E 0 PUBLIC ARING D OTHER I j ~~~£~:1~~y~!{~¿~~~:;~1!4 ::~:~:;~t~t~ ;~;~~t~~~ 'r~~~~~ ::~~~r:~~ ~~~ ~~~ e~:~~~~~~:~~g ac c e S5 SUMMARY/BACKGROUND: Increased availability tn popularity of motorized scooters has resulted in increased complaints related to noise and safety. Legislation from 0 er communities has been enacted. Thc Parks Commission reviewed this issue and requested that staff prepare an 0 di ance related to parks and trails. The Parks, Recreation, Cultural Services, and Public Safety Council Committeq r viewed the draft ordinance and requested that City rights-of- way, streets, and sidewalks also be included. See memo a ched. The proposed ordinance addresses the use of motorized scooters and similar vehicles in the parks, on trails, on tije ights-of-way, streets and sidewalks. ! I CITY COUNCIL COMMITTEE RECOMMENDA~I Article III, Chapter 11 Park Regulation of the Federal a and V chicles, and to place this item before the Council n ~ ¡ PROPOSED MOTION: "I move the proposed ordin;¡ln September 21, 2004." l I D 0 D CONSENT RESOLUTION CITY COUNCIL BUSINESS Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ N: Motion to recommend Council approve the amendments to City Code, and add a new Article IX to Chapter 15, Traffic he September 7, 2004 Agenda for first reading. to second reading and approval at the next regular meeting on CITY MANAGER APPROVAL: -----~------_....-~ -~---- -_._-- ,--_._-,-- ~~'- _.--" -'--.-- -, (BELOW TO BE COMPL ~ 'ED BY CITY CLERKS OFF/Cr.] COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLEDfDEFERRED/NO ACTION , I D MOVED TO SECOND READING (ordinances onfYJ K lag" ditem lad m;,,;oola wed' I COUNCIL BILL # ST l' reading Enactment reading ORDINANCE # RESOLUTION # --.- - ~-~--,. ---------- Date: To: From: Via: Subject: I CITY O~F DERAL WAY PARKS, RECREATIO ND CULTURAL SERVICES ME RANDUM I I August 9, 2004 PRHSPS Council Commi t e Anne Kirkpatrick, Police. e, ~ David Moseley, ,city Má a e Motorized Vehicle Use r inance Revision . Background: With increased availabilit nd popularity of motorized scooters the past two years, complaints related to their us ve also increased. Complaints have been received from residents who use or live 1 ng the B.P,A. Trail. Citizens voiced concern that the motorized scooters and other m to ized apparatus pose a safety risk for pedestrians and cyclists on the trail. The s oters are capable of speeds in excess of 20 miles per hour, and those powered by a -stroke gas engine also generate a significant level of noise. The Parks Commission r vi wed this issue and requested that staff prepare an ordinance revision related to parks an rails. This draft ordinance was forwarded to the PRHSPS Council Committee on lun 4,2004. The City also began receiving complain s bout motorized scooters and other motorized apparatus on the City's rights-of-way, st e ts, and sidewalks. After review of the first draft of the ordinance banning motorize cooters from City Parks and trails, PRHSPS Committee requested that staffresearch inances from other jurisdictions that also limit use on pubic streets. Information was g t ered from Kirkland, Issaquah, Puyallup, Auburn, Seattle, and King County. Theatached draft ordinance is the result research conducted by the City's legal staff. Thi raft restricts access on the City's rights-of- ways, streets, sidewalks, trails, and in ptr s. I I I ! Committee Recommendation: il Motion to recommend that Council app 0 e the amendments to Article III, Chapter 11 Park Regulations of the Federal Way C y Code, and adding a new Article IX to Chapter 15, Traffic and V chicles, and to place t is item before Council on the September 7, 2004 Agenda for first reading. ¡ APPROV AL OF COMMITTE j Committee Member ~R~f1 v <ß\'9\ \ o~ AN ORDINANCE OF TH ITY COUNCIL OF THE CITY OF FEDERAL WAY, W HINGTON RELATING TO MOTORIZED FOOT SC TERS AND SIMILAR DEVICES, AMENDING ARTICLE I I TO CHAPTER 11 OF THE FEDERAL WAY CITY C E, PARK REGULATIONS AND ADDING A NEW ARTIC IX TO CHAPTER 15, TRAFFIC AND VEHICLES (Amend n Ordinance Nos. 91-82 and 91-91). WHEREAS. the City COU+i of the City of Federal Way makes the following findings regarding the current unregulated ~se of motorized foot scooters and similar devices within I I city limits; WHEREAS, RCW 46.61,710 uthorizes the use of motorized foot scooters upon the I highways ofthe state and authorizes local j+ . sdictions to restrict or otherwise limit the use of such vehicles; and I I I WHEREAS, the City ofFedrr 1 Way is a non-charter code city under the laws ofthe State 0 f Washington and. as such, has the pt er to euact ordinances for the protection 0 f the public health, safety and general welfare and for t er purposes, and WHEREAS, motorized foo cooters and similar devices are currently being used within the city, including on city park pr erties, causing a mix of uses that pose a danger to pedestrians, motorized foot scooter opera+ and other vehicular or pedestrian traffic; and WHEREAS, in 1991, the Ff eral Way City Council enacted Ordinance No, 91-82 establishing a park system, which is codifiþ in Chapter 11 of the Federal Way City Code; and I I ! ORD# , PAGE 1 WHEREAS, in 1991, the F d ral Way City Council enacted Ordinance No. 91-91 WHEREAS, since the enact nt of those codes, the city population has increased, establishing a Traffic and Vehicles Code; a d and vehicular and pedestrian traffic has inc e sed, creating a greater mix of uses involving varying speeds and noise levels within all areas oft e city, including on park properties; and WHEREAS, no section of t* ederal Way City Code currently regulates the use of motorized foot scooters and similar deVice~ 0 city property; and WHEREAS, the City coun~il mds that unregulated use of motorized foot scooters ! ! and similar devices endangers public healti a d safety on city roads and sidewalks, including park properties; and I WHERAS, RCW 46.61.71 old es not establish training requirements for operation of a motorized foot scooter and similar devi1e , which creates great risk of injury and/or property damage caused by untrained and! or YOuthfU! 0 erators who lack sufficient judgment to safely operate a motorized vehicle upon public streets; anr WHEREAS, the City COUnfi finds that it is in the best interest of the citizens to amend Article III to Chapter 11 of the Fer ral Way City Code, which Article is entitled "Park Regulations;" and add a new Article IX to 9h pter 15 of the Federal Way City Code entitled "Traffic and Vehicles" to regulate the safe use of mFt rized foot scooters and similar devices; I NOW, THEREFORE, TH* ITY COUNCIL OF THE CITY OF FEDERAL WAY, ! WASHINGTON, DOES HEREBY ORDi AS FOLLOWS: I I I i I ! I I I I ! I ORD# , PAGE 2 Section 1. Chapter I 1, Article III hereby amended to read as follows: t e Federal Way City Code, Table of Contents, is Article III. PARK REGULA nONS Sections: 11-51 Definitions. 11-52 Scope of article. 11-53 Responsibility for violation, 11-54 Enforcement. . 11-55 Expulsion from parks, I 11-56 Closing hours - Unlawful ry. 11-57 Agreements for use of pa k, 11-58 Agreements for athletic, r c eational facilities and activities, 11-59 Dogs at large. 11-60 Pets on city park facilities, 11-61 Capturing, molesting orfe ing animals, 11-62 Feeding of wildlife, 11-63 Aircraft. 11-64 Alcoholic beverages prohi i ed. 11-65 Boats and other watercra . 11-66 Camping. I 11-67 Circus, carnival or exhibitiþ s. 11-68 Concessions. I 11-69 Disorderly conduct. I 11-70 Unlawful public exposure. 11-71 Fires, i 11- 72 Firearms and fireworks. I 11-73 Game fish. i 11-74 Shellfish and food fish. I 11-75 Games and sports, 11-76 Loitering, 11- 77 Meetings - Religious and p litical. 11- 78 Model aircraft, boats, hyd 0 lanes and other motorized models. 11-79 Removal or destruction 0 ark property. 11-80 Peddlers - Use of loudsp kers. 11-81 Park scheduling, permits d fees, 11-82 Pedestrian right-of-way, 11-83 Refuse and/or storage of p rsonal property. 11-84 Riding vehicles or animal, 11-85 Signposting, ! 11-86 Skateboarding, Skateboards' bicyclingbicvcles;, coasters~ in-line skates~ aA4-rolier skate' and motorized foot scooters and similar devices. 11-87 Smoking. ORD# , PAGE 3 I I 11-88 Swimming. I 11-89 Sound amplification equ¡Pfn nt prohibited, 11-90 Trail use. , 11-91 Trials and competitions. II Section 2. Chapter 11, Article III, Section 1 82 of the Federal Way City Code is hereby amended to read as follows: I I 11-82 Pedestrian right-of-way. At all times and at all locations wit i any park, pedestrians shall enjoy the right-of-way over any animal and over any motorized or u otorized vehicle, bicycle, foot scooter, tricycle, animal, skates or skateboard. (Ord, No, 91- , § 1(20), 1-8-91) Section 3. Chapter 11, Article III, Section 1-84 is hereby amended to read as follows: €ommittet:l-wi1;lli-A--aflY parle Any car parke i an area not designated by the director for parking, or otherwise parked in violation of this artiçl or in such a way as to obstruct traffic, or any car which is apparently abandoned in any park) ay be summarily removed and impounded upon order of the director. (Ord. No, 91-82, § 1(*2 , 1-8-91; Ord. No. 93-183, § 1,8-3-93) ! Section 4. Chapter 11, Article III, Section 11 -54 of the Federal Way City Code is hereby amended to read as follows: I i ! 11-54 Enforcement. I L<lÌ AU traffic violations committed \\ ithin any ark. includin T those involvin J motorized foot scooters and similar devices shall bell .. ect to the enalties and rovisions rescribed in Chapter 15 FWCc. TratTic and Vehicles. ! (hlCivil enforcement of the provisjo s of this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of qo e. Civil enforcement is in addition to, and does not limit, any other foTITIS of enforcement avai'a Ie to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 11 WCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions tþ bate, discontinue, correct or discourage unlawful acts in violation of this article, ! (çÐ) Conviction of a violation of O~f¡ ilure to comply with the provisions of this article I shall also constitute a misdemeanor and s 1 be punished as provided in FWCC 1-13, except for violations of provisions that constitute gro s isdemeanors, conviction of which shall be ! ORD# , PAGE 4 punished by a fine not to exceed $5,000 or both such fine and imprisonment. (Ord. No 99) prisonment in jail not exceeding one year, or by 1-82, § 1(1)(D), 1-8-91; Ord, No, 99-342, § 8, 5-4- Section 5. Chapter 11, Article III, Section 1-86 of the Federal Way City Code is hereby amended to read as follows: 11-86- SkatcboardingSkateboard ., bicyclingbicvcles,.;. coasters...;. in-line skates.;. and roller skat~. - and moto i cd foot scooters and similar devices. (a) Bic 'des coasters skates and sk t boards, No person shall ride, drive, or operate any bicycle, coaster, skates or skateboard in an ea within any park where such activity is prohibited by means of posted notice. The a k director. or his or her designee. is authorized to place the appropriate notice or notices at s c times, and/or with such areas, of any park which shall make it unlawful to ride, drive or ope a any bicycle, skates or skateboard within such designated areas, according to the posted n?t'ce. (b) Designated skate facilitv, Use qf kateboards, coasters, in-line skates and roller-skates I may be allowed in a designated skate faCilItY (1) No skateboards, coaster, . -line skates and roller skates shall be ridden in a negligent manner but shall be operated wit easonable regard for the safety of the operator and other persons, . (2) Bicycles and BMX bike~ (3) Additional ramps, jumpt or any designated skate facility, I (4) No formal contests of aryy ind shall be held without prior written approval of the director. ! I (5) An adult must accompa,y skaters under the age of eight years, (6) Use ofa skate park facil~t is voluntary; users assume risks and dangers associated and incidental to the skatefacili~y (Ord. No. 91-82, § 1(24), 1-8-91; Ord. No, 01-396, I § 10, 7-3-01) c) Motorized Foot Scooters and si 1i al' devices. It is unlawful/Dr anv erson to 0 erate Qr ride ~l.!!Qtor:ized tDot scooter or similar e 'ice. as defined ~ Chapter 1,5 Article IX of this Code u on an Citv ark)[O ert' indudin side\valks. streets )aths trails and similar travel wavs unless s ecificall marked as bein)" 11 wed. Where s ecifica11v allowed. the must be ridden in com liance with the re ulations n sub' ect to the enalties located in Cha tel' 15. Article IX of this Code. T,he restriction s1< te' in this subsection does not a 1 to a motorized foot scooter or similar device when that d ri 'e is 0 erated bra erson with a mobilit J ¡m. airment caused by a h [sical disability ""ho uses that device to enhance that mobility. I I I Section 6. Chapter 15, "Traffic anr ehicles," Table of Contents, is hereby amended to read as follows: I I e not permitted in the designated skate facility. other elements may not be brought into any park ORD# , PAGE 5 ! TRAPPI ~ apter 15 f VEHICLES Articles: I I I. -In General I II. ..Driving While Under Influence of In~o icating Liquor or Drug III. -Speed Limits I IV. -Stopping - Standing - Parking I' V. -Motor Vehicles VI. -Bicycles VII. -Commute Trip Reduction (CTR) P a VIII. -Impoundment of Vehicles Driven y Suspended/Revoked Drivers IX. Motorized .Foot Scooters and Sirnila evices Section 7. A new Article IX is her~b Federal Way City Code to read as fOllOWS:l ¡ added to Chapter 15, "Traffic and Vehicles" of the tide IX. MOTORIZED FOOT SC TERS AND SIMILAR DEVICES Sections: 15-240 15-241 15-242 15-243 15-244 15-245 15-246 Definitions. Areas of Operation Time of Operation Rules of Operation Noise Responsibilitv p~JJlllty 15-240 Definitions, ORD# , PAGE 6 15-241 Areas ofOpcratíon. 15-242 Time of Operation. NQ_!l!Q1QrÌ?cd fo~lscoQl~.L9Ißími} r cvice shall be operateg fror!J.Jhe hêlfhollI followina sunset until the half hour before u 1nsc. 15-243 Rules of Operation. ORD# , PAGE 7 hundred 600 feet when directl¡ in front of lwful 100ver beams of head lam s on a motor ~t;:lÜflt;:_, h No motorized foot scooter 0 ,imilar device shall be 0 crated without the 0 )erator 2Yearing a PNperly fitte<J-,-an_cL[asten_~d hell et i No motorized foot scooter 0 imilar deyicesball be 0 )crated without a mufllcL D1--_1:t~pdle12ar~Jl1-~,lst not.£~ceed s oulders of the rider. k Motorized foot scooters and si nilar devices must have a working brake that will enable thc 0 erator to make the braked \vh. el ' skid on dr level clean ayement. I A motorized foot scooter an ,imilar device must have all other e( ui ment required bv _~tate o[ loca) la\\::, m At a11 times 0 erators of m t the right-of-way to pedestrians and human- before overtakino and assing a )edestrian 15-245 Responsibility. rized foot scooters and similar devices shal1 'ield wered devices and shall give an audible signal human- )owered device. 15-244 Noise No motorized foot scooter or simile r evicc sha11 be 0 erated in a manner that violates the City's Ll~25se orQjnanc~irLCh~ptçLEL.~ i 'lç 11 of this CQge, or 3olJY-Qther state~~r 10caU~~\!~ No person shall do any aÇ.Lf()rbidd n f this article or fail to perfQJ1n an'{ act required in this article. The arent of an child and th uardian of anv ward shall not authorize or know in 11 ennit anv such child and/or w' r to violate anv of the rovisions of this article. 12-246 Penal1y.o a An' erson violatinu an 10 ision of this article shall be uuilt ¡of a traftìc infraction and shall be unished b ¡the im 0 ition of a monetarY enalt not to exceed $250.00 exclusive of statutory assessments. provid d hat conduct that constitutes a criminal traffi~ offense ma T be charged as such and is sub' e t to the maximum )enalties a11owed for such offenses. (b) Scooter safetv school. , ill In addition to the ot e means of enforcement rovided in this article, <! scooter safet school is hereb 'authorized 0 e administered 'ointlv by the de artment of ublic safetv and the de artment of arks recreat 0 and cultural services as a diversion rOIJram available to those who violate the )fovisio s of this cha tel' for the first time. (2) The purpose of the c oter safet school is to offer those who have violated the rovisions of this cha)ter for first time instruction education and inÜ:mnation re Tardin 1 the ro er lawful and safe 0 e' t on of scooters and similar devices. includin 1 but not limited to the state motorized foot scootere ulations in Title 46 RCW the rules oftbe road and the Iimit~tiQ!}s of persons, vehicles, and bi ' . les on roads, streets,- and highways under varying conditions and circumstances. ORD# , PAGE 8 3 The de aIlment of b ic safety and de )artment of )arks recreation & çIJJ!1JI~LS~rÔç ~.§_§1:EtU. -çlEì[g~-~.fç-~_t9_?fQ.~2 e §fbQQ.LpA!1ic. il1-<mlê- fQLJ1Lçj2 !!IP9 s ç_Q.Lr ç irTIhJII~jDg some or all of the cost of administering the c oter school. The amount of the fee shaH be as establishedor amend~çLbv thc- Citv ÇoW1cil Þ . resolutiQ!Ll'i!r.Üçipants in thc scooter §s;llooL~h'lU remit said fee to the manaaement services e artmcnt in accordance with the roccdurcs esJabli;;hed bv the dçpallm~nt of puhlif_§.':!J tv. Section 8. Severability. Tht rovisions of this ordinance are declared separate and severable. The invalidity of any clause, sent ce, paragraph, subdivision, section, or portion ofthis I ordinance or the invalidity ofthe apPlicati°t t ereofto any person or circumstance, shall not affect the validity of the remainder of the ordinanpe or the validity of its application to other persons or i I I Section 9. Ratification. 4n act consistent with the authority and prior to the effective date of this ordinance is hereby ra~i ed and affirmed. ! ! I Section 1O, Effective Date.i I ! ! (30) days from the time of its final passage] a provided by law. ! Section 11. Effective Dat1. This ordinance shall be effective five days after its ! passage, approval and publication as provife by law, i PASSED by the City Council ofthel Cty of Federal Way this ! ! I I ITY OF FEDERAL WAY i i ! I I I i i I circumstances, his ordinance shall take effect and be in force thirty day of July, 200_, A YOR, DEAN McCOLGAN ATTEST: CITY CLERK, N, CHRISTINE GREEN, c ORD# , PAGE 9 ':! APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A, RICH SON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO, K: \ord in \2004 \motorizedscooters- final Revised 9.1.04 ORD# ,PAGE 10