Loading...
PRHSPSC PKT 01-10-2005 ~ -~"-"----"---"." ".- ""_..-.~......_-..._.._.....__._-.. .-. ." .. ._-- . ---"--- .._-,,_....-._.,._~_._-_..._------"----_..." City of FederaJ Way CITY COUNCIL PARKS, RECREATJON, HUMAN SERVICES & J>UHLJC SAFETY COMMITTEE Monday, January 10,2005 5:30 p.m. City Hall HyJebos Conference Room 1. 2. CALL TO ORDER PUBUC FORUM 3. 4. .. COMMISSION COMMI~NTS APPROVAL OF DECEMBER 13,2004 SUMMARY COMMITTEE BUSJNESS 5. A. Federal Way Symphony Special Event Use Permit Request for Dumas Bay Centre B. Centerstage Lease Agreement-Steel Lake Annex C. King County Developmental Disabilities Grant D. Downtown Park Study Action Faber Update Action Discussion Faber Faber Hanson 6. PENDJNG HEMS . Community Center . Municipal Court Judge Election . Armstrong Property . Thompson Property . Litter Patrol . Animal Control . Hylebos Park 7. 8. NEXT MEETJNG - February J4, 2005 - in the lJylebos Conference Hoom ADJ OURNMENT -"--_..._""" -.- -----". -- -- - --- 2005 Committee Members: Jeanne Burbidge, Chair Jack Dovey Jim Ferrell Staff: Donna ]-]anson, Director Mary Jaenicke, Administrative Assistant 835-6901 City o[Federal Way City Council »ARKS, RECREA'nONLIlUJ\.L4..N.S.hl~Y!Çl~S & PUBLIC SAFETY COUNCIL COMMITTEE Monday, December 13,200'1 5:00 p.m. SUMMARY In aHendanrc: Council Commiucc membcrs Chair Jeanne Burbidgc, Jim Fcrrcll, Jack Dovey, Mayor Dean McColgan, Deputy Mayor Linda Kochmar; Amy Jo Pearsall, Assistant City Attorney, Iwen Wang, Management Services Director, Chief Kirkpatrick, Public Safety, Kurt Reuter, Park Operation Superintendent, Mary Faber, Recreation & Cultural Serviees Superintendent, Donna Hanson, Interim Director, Mary Jaenicke, Administrative Assistant. Guests: Rene Tanner, Bruce Meyers, Laura Sindell, Citizen; c.T. Purdom Parks and Recreation Commission; Marie Sciacqua, Parks and Recreation Commission. Bette Simpson, Arts Commission, Keith I-layes, Erin Braunstein Barker, Rinker Seaèat Chair Burbidge called the meeting to order at 5:08p.m. PlJBLlC FORUM Marie Sciacqua: Re-stated her situation in her neighborhood. Her neighbor is parking his commercial vehicle in his driveway. She has spoken with Code Compliance Offieer Nordby. Mr. Nordby was going to talk to the neighbor again, but he also suggested that Ms. Sciaequa attend this meeting and request that the loop be closed to prohibit people from parking commercial vehicles in the neighborhood. Ms. Burbidge stated that there would be follow-up regarding this issue. COMMJSSJON COMMENT None API)HOV AI, OF SUMMAHY Council members Dovey and Ferrell moved to acccpt the October nweting minutes as written. Motion passed. Council member Dovey moved to add information on the Community Center as item 5. AA to the agenda. Ferrell seconded. Motion passed. Council member Dovey movcd to add information on City Hall Art as itcm 5. AA^ to the agenda. Ferrell seconded. Motion passed. nUSINESS ITEMS Community Center Information Ms. I-Ianson stated that staff needs direetion from council regarding the gymnasium wall, so the architects can continue with the dcsign. The architects would like to bring the design back to CoUJlcil in late January, or first part of February. Ms. Hanson reported that slaWs recommendation was to include a fixed wall betwecn the second and third bay of the gymnasium. A picture was provided, so that Council could see what it would look like. The jog/walk track would go through the threc gymnasiums. The fixed wall is a program requcst, based on maximizing the use of the gymnasiums for a variety of groups, and a varicty of ages. It would allow more flexibility in programming. Council membcr Dovey slated that he docs not like the wall. He understands the perforrnance of the wall. ) Ie envisions a wide opcned room. Both council mernbcr Dovey and Ferrell are concerned about the monitoring of that.third gym, if a fixed wall is installed. Council member Ferrell stated that a fixed wall would limit the options and limit the scope of what can be done with the room. Ms. Faber stated that they would have building monitors that will roam throughout the building. In areas of high activity, there will be cameras. If the gym is being used for classes, there would be an instructor there. After further discussion, Council directed staff to not include a fixed wall. Community Center Artwork Pro~ram Final Design I)resc!JJ1!iLoJl . Ms. Faber introduced Rene Tanner from '1Culture, and the Comrnunity Center artists Laura Sindel1 and Bruce Myers. Ms. Sindell and Mr. Myers Dresented their final design for the artwork at the new Community Center. Mr. Myers is I'ARKS, IŒClŒATION, HUMAN SEHVICES & PUBLIC SAFETY COtJNClL COM MlTTEE Monday Decembc,' 13, 2004 Summary I'age 2 the exterior artist and Ms. SIDdell is the interior artist. Both artists are finalizing the revised designs, and have been invo]ved throughout the re-design of the building due to budgetehanges. In the fina] phase of design the artists are identifying what e]ements of the artwork they win make by hand and be responsible for delivering, and which elements of the artwork in the overall design will integrate into the community center construction documents. The finalized budget will be available as soon as the building design revisions are completed, and they can determine what construction credits will go towards the artwork. Ms. Sinclcll was responsible for identifying opportunities in the Centers interior for other artists. The fireplace, hearth, mantle and wall of the fireplace were identified as the location for additional artwork. Artist Brian Go]dbloom was recruited from the King County Artist Made Building Parts roster. Exterior Art Proposal: Water feature by Bruce Myers, the paved drop-off areas at the Center's entrance and landscape p]anting areas. Interior Art Proposal: Glass entrance wall by Laura Sindell, Lobby floor, Café Tables by Laura SindeJJ, Firep]ace wall by Brian Goldbloom. Council member Dovey moved to approve the final design concepts for the Community Center artwork program and place before full City Council on Janua,'y ] 8, 2005. l<~e.-rell seconded, Motion passed. City Hall A,'twork tJpclatc Ms. Tanner reported that there has been a long delay on the artwork project. The stone was ordered in July, and rejected due to a crack. A replacement stone was ordered in September and it is now in the United States, but has not yet made it to Seattle. Everything is on hold until the stone arrives. They are hoping for the onyx to arrive by the end of December. It will takc approximately 6-8 weeks to carve the stone. They are hoping that installation will take place between February 28 to Mareh I], 2005. Relay for Life of Federal Way Sponsorshil) Reuter stated that the Re]ay for Life Committee approaehed the Parks and Recreation Commission, to ask if the City of Fecleral Way would consider sponsorship of the event. The Commission discussed the proposa] at their December meeting and made a recommendation to not sponsor the event. Council member Dovey moved to support the recommendation of the Parks and Recreation Commission and the city attorney to not sponsor the 2005 Relay For Life of Federal Way. Discussion was held. Chair Purdom stated that it made sense from a legal standpoint and preeedent setting to not support the event. There is also a broader issue of use of public parks, and how you determine what events to sponsor and allow in the parks. Mayor McColgan asked what the difference is between sponsorship vs. contributing staff time to an event. Ms. Pearsall stated that the concern was the possibility of opening up the door. Mayor McColgan stated that there should be a grant process in plaee for large community events. A grant would be different than sponsoring an event. Council Committee asked for additional review from the City Attorney. Mr. Reuter stated that the Parks Commission would a]so be working with the legal department to clarify the special use proccss. Coundl member Ferrell seconded. Motion passed. 2005 Arts Commission Contract for Serviees Program Ms. Faber presented the proposed 2005 Arts Commission ContTact for Services Program. The information included the organization, their funding request, and the arts commissions recommended funding. The funding requests totaled $39,300 and the total funding available is $27,700. Council member Dovey asked what these groups were funded ]ast year. He is looking for consistency in their funding and wou]d like to maintain that same level of funding. In order to qualify for funding, the organization needs to provide a service that citizens ean attend, and be a part of. Visua] arts do not qualify. There are certain criteria that need to be met. Council member Ferrell moved to approve the 2005 Contract for Services Program and place before Council on January ]8,2005 for approval. Council mcmber Dovey seconded. Motion passed. 2005 Arts Commission Work I'lan Ms. Faber stated that the Arts Commission work plan is similar to what they have done in the past. The Arts Commisison wou]d like to maintain consistent programming, and responsibilities that they have taken on and still agree are viable. The Arts Commission is still determining what to do with the cultural plan. The Cultural Plan was on their work plan for 2004, and they determined not to move forward with it based on budget, and questions on whether the funding would continue in several other areas. Ms. Simpson stated that the Cultural Plan has not been updated since 1994, and they would like to update it. Council member Burbidge stated that upating the Cultura] Plan would be very timely. Council member Dovey asked how much it costs to update the Cultural Plan. Faber repJied that the Commission has $23,000 to update the plan. Council member Dovey inquired why the money was not going to the loca] art groups. Ms. Faber stated that the Cultural Plan is used as a planning document, and helps secure funding. When the Commission applies for grants, the organization will ask for the planning document. Council member Ferrell moved to approve the 2005 Arts Commission Work Plan and place before Council on January ]8,2005 for approval. Council member Dovey seconded. Motion passed, I)ARKS, IŒCREATlON, HUMAN SERVICES & I)lJnLlC SAFETY COlJNCIL COMMJ'JTI<:E Monday Decembe ' 13, 2004 Summal'y I)age 3 Amendment to the Intcrlocal Agreement with Yakima County for Jail Services Ms. Wang stated that the purpose of the amendment is to clarify the intent of the language of the current contract, as well as to address the issue the consortium cities had not as a whole utilized the prison beds as much as originally planned. Initially, Yakima County did not want to change the contract language and the rates. A team representing the consortium has been negotiating over the past 18 months, and Yakima has agreed to reduce the fee for up to 100 unused beds by ha]f. The average per bed maintenance cost is still less than King County, and we will not pay a booking fee. Our commitment is 29 beds, and paying for those 29 beds is better than we could do with King County. Council member Dovey moved to forward the Second Amendment to Interlocal Agreement with Yakima County Jai] Services to the full City Counci] for approva] at the December 21, 2004 regular council meeting. Council member Ferrell seconded. Motion passed. Jail Advisor" Group 2005 Budget and Assessment Ms. Wang stated that in addition to the consortium agreement with Yakima County, the 35 members of the city consortium also have an Interloeal Agreement among themselves. The agreement is to guide the coordination and planning, monitoring and administering issues related to the jail services. The organization was ]oosely organized in 2001.The initial agreement was in 2002. The consortium is now more formali7.ed and there is a formal assessment. Paying for the assessment is part of the jail cost because it is directly related to the savings generated from jail services. Federal Way's share of initial assessment for 2005 wilJ be $4,203, and potentiaJly additional assessment of $5,157, for a maximum of$9,360.00. Council member Ferrell moved to forward the 2005 JAG budget and assessment to full Council for approval at the Deccmbtr 21 regular (~oundl meeting. Council member Dovey seconded. Motion passed. PEN]))NG ITEMS Chair Burbidge requested to add] ]ylebos Park to pending items. Council member Ferrell requested to change the meeting time to 5:30pm. Rocket Racers were discussed. Ms. Pearsall stated that Washington State Patrol and SeaUle has said they are jJlegaL They are motorcycles by definition, and the rocket racers do not have VIN numbers so they are illegaL This ruling has not been challenged yet. The possibility of writing a letter to the business owner stating that these motorcycles are illegal was discussed. Ms. Pearsall suggested that the prosecutor's office could write a memo to the police department explaining how the department would enforce any action that was taken. This would ensure that both the legal department and the public safety department have a uniformed answer. ANNOUNCEMENTS None NJ<:xr MEKflNG January 10, 2005 5:30 p.m. in the lIy]ebos Conference Room ADJOlJRNMENT Meeting adjourned at 6: 15p.m. DAlE !:J.r. CITY ()J< I'I~ )¡':R^L W^y P^I~ (S, 1~1':ClU'AIION J\ND ClJLTlJl~^L SI':J~VICI':S DLP^RTMENT- MJ~MOJ{^NDlJM . ----"-- ---~..~.--"-- .IanU(iry 10, 7005 TO: J'(irks, I~ecrc(ition, I lunl(in Services (ind Pllblic S(ifety Council Committee J;R()M:~cutcr, Park Oper(itions Supcrintcncknt Mary Faber, ]{ecreation and Cultur(i] Services Superintendent SlJJ~.IJ':CJ': Federal Way Symphony 5jJeÓal J~'vent Use Fermit Request for Dumas Hay Centre " --~---_.~--~~ J'oliey Question Should the Parks and Reereation Comrnission recommend approv(i of the Fcderal Way Symphony's request to use the Dumas Bay Centre for (in outdoor special cvent in ^up,ust 2005? I ~(ick ground To date., no outdoor events have been sehcc!t¡]ed at Durn(is Bay Centre. The current practice is to allow groups who schedule IIIside spaces the use of the grounds as a part of their rcnt,d agreement for the following reasons: " The conference and retreat facility is an enterprise fund, whieh rneans it docs not receive genera] fund subsidy for operations. Scheduling largc, outdoor events thaI would require the use of the entire parkin¡', an:(i and noise associatcd with set-up (ind the event would not be compatible with a business and/or con fen:llce hook 111¡',. The potent ia110ss of revenue for two days (set-up and event) would be $S,OOO-$B,OOO. There is also an irnpaetto the K nut/.cn Family Theatre- a potentia] revenue Joss of of $300-$600. " The park was oril',inally purchased with Washington State grants including Open Space Bond issue funds and Conservation Futures funds. ^ pélrk improvement was reecntJy funded through Aquatic 1 ,¡\lids Fnhancernent ^ecount Funds. The park W(iS purchased and has been manap,cd as a passive use parle After rcvicwing the] Icarings ]~xarniner's Decision, the Mitigated Determination of Non- significance and the City Council's decision, the City ^Uorney has dcterrnined that this type of concert is a legal usc on the grounds of J)urnas Bay. Thcre is a restriction of amplified noise on the bcaeh and four to one parking per the J (caring Examiner's decision. This event docs not propose amplified noise on the beach and off-site parking will potentially be required if the four to one parking ratio is exceeded. ~ Staff has provided each eornrmssion wilh Incrnorandllrl/s at the October and November 2004 rncc:tin¡',s. These II/CII/OS arc aííaehed for reference and l1Ic1ude: . The approved Iises of ÜIC J)url/as nay Centre and DUll/as Bay I'ark - ] hstoneal inforrnaílon relatcd 10 the purchase and "ehan¡~e of use" process . !'otenI1(i Hllpacts to the site caused by such an event - Huslliess ill/pacts (estirl/aled ITvcrule loss) to the J)urnas Bay Centre operation - I~slírn(ilcd adrrnnistr;¡tlve (ind labor sl(iff costs - Sìrnìlar previous IISCS of the f(ieility and grounds The ^ltS Cor.-¡rllissioll (ind the Parks and J{ecreation Corl/r.-ilssion have botJl held discuSSIons and have ~~\ narrowed this issue to the foJ1owin!j: ~ Arts Commission - Busincss Impacts addressed in options listed below. L Parks Cornmission Site Impacts on the neip,hborhôod, noise, parkinr" :md environn)Ç1)t have been addressed to the extent possible by City attorney and could be monitored if one-year trial if approved. Current Stéi1llS Based on the review of béick[',round infonnation, discussion, and testirnony from members of the public, a recomrnendation frorn both Arts and Parks Comrnission is sehcduled as an action item for the Commission rnectin[',s on January 6th. FoJ1owing the .Ianuélry Cornrnission rnectings, this itern is scheduled for életion at the .Ialîlwry 10 Parks, Rccreation, I I urnMI Services and PubJic Safety Council Committce meeting. Qptions I. Approve use ()I). a one-yeélr trial basis of thc Dumas Bay Centre Park grounds for a Federal Way Symphony concert to be held during the rnonth of August 2005. Fcc Options: a) ¡'-cderal Way Syrnphony would pay the specifl event fee of $1500 and busincss loss of $5,000 find any fldditionéll cost to thc City up to $8,tJt1.0. b) Fcder:J1 W:JY Syrnphony wOldd pay thc spcci:J1 event fc:c of $1500 :Jnd business loss of $5000 and the City would sponsor thc event for use of City resources. c) ¡'-edera! Way Syrnphony would pay the special event fee of $ I 500 and the City would sponsor the event for an in-kind donation of business loss and use of City resources. Positives L A lIows the Symphony to hold their event and confirm their event plan and budget. L Lslablishes actufll costs and City resources necess:Jry to conduct the event. Provides addition:J1 perforrninp, arts opporluniti(~<; for residents. L Crc:Jtes:J hith qufllìty event that thflt will create tourist interest in the are:J and cre:Jte visibility for Dumas B:JY Centre. 2 f\-2. Negatives .. City risks potential damage to Dumas Bay Park grounds. .. Potential impacts to neighbors during the event. II Potential revenue Joss to Dumas Bay Centre. .. Would require use of City resources to manap,e event set- up and, take-down for safety of people, property and vchicles. (event planning-$4,400, site Management and se-up- $,4,040). 2. Approve an annual use of the Dumas Bay Centre Park grounds for a ];ederal Way Symphony concert to be held durin!', thc month of August. Fce Options: a) };ederaJ Way Symphony would pay the speei<11 cvcnt fee of$JSOO and business loss of $S,OOO and any additional cost to thc City up to $8,411,0. b) Federal Way Symphony would pay the special event fee of $] SOO and business loss of $SOOO and the City would sponsor the event for use of City resourc:es. c) h:ckré11 W<1Y Syrnphcmy wouJd pay the special event fee of $ J 500 é1nd the City would sponsor the event for an in-kind donation of business Joss and use of City resources. ~. ])eny use of Durné1s Bay Centre Park Grounds for an outdoor surnrncr concert. Positives . Allows the Symphony to hold their event and confirm their event plan and budget. Allows for future planning. . Provides "permanent" home for the event. . Providcs additional performinr, arts activities to arca residents. . Creates a high quality event that wi]) crcatc tourist interest in the area and create visibility for Dumas Bay Centre. . There would be no potcntia] impact to the business plan at Dumas Bay Ccntre or K nut/.en Family Theatre. . There would bc no risk of damage to the grounds. . City resources would be not be utilized. Negatives . City risks potential damage to DumasUa.,.-Park grounds. . Potential impacts to neighbors during the event. . Potential revenue loss to Dumas Bay Centre. . Would require use of City resources to manage event set- up and take-down for safety of people, propcrty and vehicles. . May create a precedent for other user groups who wish to schedule the grounds for outdoor events. . The Federal Way Symphony would havc to re-Iocate thc event. . There would be no opportunity to create tourist interest and visibility to the site. Staff Reeornrnendation Reeornrnend approval of Option 1 for a one-year trial with fee option b to charge Federal Way Symphony the speeiaJ event fee of $1,500 and business loss of $5.000 and the City would sponsor the event for use of other City resources. Comrnission Rccornrnend<1tion The Arts Cornrnission <1nd Parks Cornrnission have this on theIr .]¡.mmuy agendas as an action itern. ]nforrnation rcgarding their rccornrnendation wi]) be presented at the Council Committee meeting. Cornrnittcc recornrnendation }:orward option - to the fuJJ City Council for approval on January] 8, 200S. ., "--., - -- ---"---~ -- ..,","--- -------. - . " -" "- "U, _..w - APPROVAL OF COMMI'1,,],1<:I': REPORT: Committec Chair Committce Member Committee Mcmber - -- -"" ""' "--------..-"----" ,---"-"- " -------~--"----,~-_. 3 f\-~ 5.L CJTY OF FEDERAL WAY Crry COUNCIL COMMITTEE STAFF REPORT DAlE: TO: January 10, 2005 Parks, Recreation, Human Services & Public Safety Committee David MoS~anager Mary Faber, Recreation & Cultural Services Superintendent VIA: FROM: SUBJECT: King County Developmental Disabilities Grant ----"-", --- EQEçyQuç~t¡Qn - Should the Council accept the King County Developmental Disabilities Grant in the amount of $4,200 for the period of service between January 1,2005 and Deccmber 31,2005'1 BacJ<grQ_ullcJ . The Parks, Recreation and Cultural Services Department applied for and received a grant for programs for individuals with disabilities from thc K lI1g County Devclopmental Disabilities Division. Funds from this grant allow the City to offer programs specifically designed for individuals with disabilities, such as Horticulture, Swimming and Fitness programs. This is an opportunity for the City to help servc low-income families and promote health, fitness and wellness. The grant amount is $4,200 for the period of service betwecn January 1,2005 and December 31,2005. The funds will be used either to offset program fecs, or cnable people to participate completely free. They will also be used to pay necessary staff or one to one assistants, and for some program supplies. QPJiOll~ Positives Negatives I. Aeccpt the King County Developmental Disabilities Grant in the amount of $4,200 for the period of service bctwcen January], 2005 and December 3 I , 2005. ]ndividuals from the Federal Way community who have developmental disabilities would have inexpensive or free volunteer, cducation and fitness opportunities available to them through the City's Staff time needed to oversee the budget and staffing of grant programs. 2. Do not accept the grant. Staff time would not be needed to oversee the budget and staffing of grant programs. People in the community with disabilities would not have as many opportunities available to them, c-\ St<!ff recommendation Staff recommends Council accept the grant for $4,200 and authorize the City Manager to enter into an inter-local agreement with King County and to place this item before Council on January 18,2005. CQ!1!1J1iJle:;ç LeçQ IJ} IB~Qat iQI~ Forward option ~ to the full City Council for approval on January] 8,2005. ----------------" -----"--". -" - ~~---"-- "--.._-"'"---- " ..... " -. ""._" --.--- ---- ------ APPROVAL OF COMMJTTJ~E REPORT: -"--~-----_._-" -- - -" - "..... ---..-.. "---~ --------- Committee Chair Committee Member Committee Member - " ---------"------------~ ------ ------------ .._-_......_-"----------" _n,_...,- -"--___--__m___..__-~_.~ 2 L-2. King County Contract No, Federal Taxpayer 10 No. 0346720 91-1462550 DepartmenUDivision Community and Human Services/Developmental Disabilities Agency City of Federal Way - Community Pathways Program Project Title Developmental Disabilities Contract Amount $ 4,200 Contract Period From: January 1, 2005 Fund Code To 0107 December 31, 2005 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT - 2005 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Federal Way Community Pathways Program, whose address is P.O. Box 9718. Federal Way, WA 98063, (the "Agency"). - . WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $0 FEDERAL Federal Catalogue No. $0 STATE $4,200 01/01/05 to 12/31/05 TOTAL $4,200 01/01/05 to 12/31/05 and WHEREAS, the County desires to - have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No,15083; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: This form is available in alternate formats for people with disabilities upon request. City of Federal Way Page 1 of 16 2005 Contract L-3 I. II. III. IV. V. VI. EXHIBITS The Agency shall provide services and comply with the requirements set furttf.hereinafter and in the following attached exhibits, which are incorporated herein by reference: ~ t8J [8] Certificates of Insurance/Endorsements General Requirements Family Support Community Service Grant Attached hereto as Exhibit I Attached hereto as Exhibit" Attached hereto as Exhibit '" DURATION OF CONTRACT This Contract shall commence on the first day of January 2005, and shall terminate on the 31st day of December 2005, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits, payable as indicated in each Exhibit for expense reimbursement. The Agency shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice and all outstanding reports are received. B. C. If the Agency's final invoice and reports are not submitted by the day specified in the attached Exhibits, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the budget if included within an Exhibit. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories within an Exhibit is expected to exceed ten percent of the total Exhibit budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, financial and governmental reporting standards as prescribed by the appropriate accounting standards board. MAINTENANCE OF RECORDS PI. L- The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. City of Federal Way Page 2 of 16 L-~ 2005 Contract B. C. VII. AUDITS A. B. C. These records shall be maintained for a period of six years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40~tlF-. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid bookf" records, documents, and other evidence and shall notify the County in writing of any changes in location within ten working days of any such relocation. The Agency shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements generally accepted auditing standards; General Accounting Office Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and Office of Management and Budget Circulars A-21 , A-87, A-102, A-122 and A-133, as amended, and as applicable. The Agency shall provide to the County a copy of the audit report, including any management letter or official correspondence submitted by the auditor, its response and corrective action plan for all findings and reportable conditions contained in its audit. These documents shall be submitted no later than six months subsequent to the end of the Agency's fiscal year. If the Agency has been examined by the Washington State Auditor, a copy of its annual report of examination/audit shall be submitted within 30 days of receipt, which submittal shall constitute compliance with subsection VI!.A. Additional federal and/or state audit or review requirements may be imposeej on the County, and the Agency shall be required to comply with any such requirements. A. EVALUATIONS AND INSPECTIONS VIII. B. The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County shall give advance notice to the Agency in the case of fiscal audits to be conducted by the County. - The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required bylaw. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. CORRECTIVE ACTION C. IX. If the County determines that a breach of contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County d()ems said breach to warrant corrective action, the following sequential procedure will apply: city of Federal Way Page 3 of 16 2005 Contract C-!j A. B. C. D. E. F. ~ The County shall notify the Agency in writing of the nature of the breach; The Agency shall respond in writing no later than ten working days=feHowing receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; The County shall notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Agency's corrective action plan; In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B.; In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Subsections A, B, C, D, and E. A. ASSIGNMENT/S U BCONTRACTING X. B. XI. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than 15 days prior to the date of any proposed assignment. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of: (1) support services not related to the subject matter of this Contract; or (2) supplies. A. TER!VIINA TION B. City of Federal Way This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency 30 days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract; and/or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI.B. (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, Page 4 of 16 G-~ 2005 Contract C. D. E. F. XII. misappropriated or unexpended, which have been paid to the Agency by the ~u~. . If County expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. The Agency may terminate this Contract upon seven days written notice, should the County commit any material breach of this Contract. This Contract may be terminated by the Agency without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. The Agency shall provide the County 90 days advance written n'otice of ~~s intent not to renew this Contract, in whole or in part. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. A. HOLD HARMLESS AND INDEMNIFICATION city of Federal Way In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensë.tion, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency Page 5 of 16 2005 Contract c-\ B. C. D. E. F. G. City of Federal Way ~ employees or other suppliers in connection with or support of the performance of this Contract. - -~-" The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections. The Agency shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any 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 Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. The County shall protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. , For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, docl,Jment, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. To the extent that an Agency Subcontractor fails to satisfy its obligation to defend and indemnify King County as detailed in Section XVII. B. of this Contract, the Agency shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Agency's Subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. Page 6 of 16 C-CS 2005 Contract A. INSURANCE REQUIREMENTS XIV. B. City of Federal Way By the date of execution of this Contract, the Agency shall procu~~ anp maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through poliçy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. . Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(ies). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professioni:lI Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this - Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care. Page 7 of 16 2005 Contract c-~ C. D. E. City of Federal Way 3. 4. ~. Automobile Liability: In the event that services delivered pursuant to this ContraW.equire the use of a vehicle or involve the transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" - endorsement to the general liability policy. . Minimum Limits of Insurance 1. The Agency shall maintain limits no less than, for: 2. 3. 4. 5. General Liability: $1.000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. Professional Liability, Errors, and Omissions: $1.000.000 per claim and in the aggregate. Automobile Liability: $1.000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. Workers' Compensation: Statutory requirements of the state of residency. Stop Gap/Employers Liability: $1.000,000 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies Except Professional and Workers Compensation Page 8 of 16 C-lb 2005 Contract F. G. H. City of Federal Way a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agencyirrconnection with this Contract. b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. c. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, exèept by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII. or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements. and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. Page 9 of 16 2005 Contract (-1 \ I. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an agency of the StateefWashington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. A. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY xv. B. C. D. City of Federal Way Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. King County Codes ehapters 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this Contract. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, KCC 12.17, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("MIWBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including MIWBEs: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. Placing all qualified small businesses, attempting to do business in King County, including MIWBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the 2. Page 10 of 16 c...- \ ~ 2005 Contract E. F. City of Federal Way work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including MIWBEs. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including MIWBEs. . 4. 5. Providing small businesses, including MIWBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including MIWBEs. 6. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified MIWBEs. Contact OMWBE office at 360-753-9693 or on-line through the web site at www.wsdot.wa.Qov/omwbel. Fair Employment Practices 7. County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of a-nd payments to subcontractors and suppliers in this Contract, including employment records. 2. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shaU make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record Page 11 of 16 2005 Contract C:-\~ G. H. XVI. keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. Reporting The Agency shall complete all reports and forms provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) - ThE' Agency has completed a 504/ADA Self-Evaluation Questionnaire for aU programs and services offered by the Agency (including any services. not subject to this Contract) and has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the ADA. The Agency has completed a 5O4/ADA Assurance of Compliance, and it is attached as an exhibit to this Contract and incorporated herein by reference. XVII. A. SUBCONTRACTS AND PURCHASES B. XVIII. The Agency shall include the abovè Sections IV, V, VI, VII, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth herein, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. A. City of Federal Way The Agency covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. Page 12 of 16 c-\~ 2005 Contract B. XIX. If the Agency violates the provisions of Subsection XVIII. or does not disclose other interests required to be disclosed púrsuant to KCC Chapter 3.04, the County shall not be liable for payment of services rendered pursuant to this Contmct. Violation of this Section shall constitute a material breach of this Contract and shall be grounds for termination pursuant to Section XI. above, as well as any other right or remedy provided in this Contract or law. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. xx. A. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP B. C. D. E. XXI. NOTICES The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $1,000 per item or more as stated in the KCC Code and any cÞanges thereafter as amended in the code, when the purchase of such equ~pment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. The Agency shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with County property tags. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions; packing slips, invoices, receipts) of equipment purchased with Contract funds. Whenever this Contract provides for notice to be provided by one (1) party to another, such notice shall be: A. 8. In writing; and Directed to the chief executive officer of the Agency and the director of the County department specified on page one (1) of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. PROPRIETARY RIGHTS XXII. The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. City of Federal Way Page 13 of 16 2005 Contract C:-\S The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. --' The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. RECYCLED PRODUCT PROCUREMENT XXIV. The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover-page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. ~NTIRE CONTRACTIWAIVER OF DEFAULT XXV. The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION xxv I. The Agency and any subcontractor agree, when applicable, to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any otthe language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the Ic::nguage contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. City of Federal Way Page 14 of 16 c- tø 2005 Contract XXVII. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connectIOn with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. . XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTBILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. 1. Obligations and Activities of the Agency A. 2. 3. 4. 5. 6. 7. 8. 9. City of Federal Way The Agency agrees not to use or disclose protected health information other than as permitted or required by laW. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or trãnsmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this Contract. The Agency agrees to report to King County any use or disclosure of protected health information not allowed under this contract, or security incident, within two days of the agency's knowledge of such events. The Agency agrees to ensure that any agent, including a subcontraf',tor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. The Agency agrees to make avai.lable protected health information in accordance with 45 CFR § 164.524. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County compliance with the privacy rule. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528. Page 15 of 16 :£005 Contract C:-\ '\ Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. B. 1. Effect of Termination C. - 2. KING COUNTY --- Except as provided in paragraph C.2 of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. CITY OF FEDERAL WAY FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form: Approved by DCHS Director OFFICE OF THE KING COUNTY PROSECUTING A TIORNEY October 4, 2004 City of Federal Way Page 16 of 16 2005 Contract C:-l ð EXHIBIT I ::;i,': <':,'R"':'1,ë='--I;';'~' , ".. "'m¡'" ' t:'fE ' " r ", \ii.o. ~" ,",. .' , ...,.,'.~......""..îu,'~" ." THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGIITS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT' AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POlICIES BELOW. PHONE (425) 482-6767 FAX (425) 482-2777 GENERAL LIABILITY ST PAUL FIRE & MARINE INSURANCE COMPANY AUTOMOBILE LIABILITY ST PAUL FIRE & MARINE INSURANCE COMPANY WASHINGTON INSURANCE SERVICES, INC. 18106 14oth AVENUE N.E. WOODINVILLE. WASHINGTON 98072-6874 PROPERTY ST PAUL FIRE & MARINE INSURANCE COMPANY CRIME I PUBLIC EMPLOYEE DISHONESTY I BOND ST PAUL FIRE & MARINE INSURANCE COMPANY ^ IAEMBER OF aTIES INSURANCE ASSOCIATION OF WASHINGTON P.O. BOX 9718 33530 FIRST WAY FEDERAL WAY, WA 98003-6210 ,.0' HE" ó'l"ri""S' '.....;,~':~S,'ft"~'i:4!!i'~~.~'~¡:¡':~~~ß;S'~c~'~;~~"":~"~\'~\;¡;'':':~~""'I!r..~'~'~' :':i'~;"<':V-""ì:>~"~J'~~:i.~¡'I/(""",;;~, "'~"","":~' ',' ":':' ,',' ~¡.,V; p~F" ,It,: '~")¡;'i.~:~~,~,~~,.., , ,0', ..~~'!1~J"r~",.rr.r~\r.~'Jì,~!!1ifi!ifii¡¡\it..m;¡;:;~¡~¡;¡:'J;;:'¡~¡¡¡~';i¡i:;~~~~~~lsj.'~i¡ì::f.!;I> :i'.~t~~;:':":' ~¡:i., .:' THIS IS TO CERTIFY THAT THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . COMMERCIAL GENERAL LIABILITY OCCURANCE FORM INCLUDES STOP GAP GP06301648 9/112004 9/112005 GENERAL AGGREGATE $20,000,000. PERSONAL & ADV INJURY $10,000,000. EACH OCCURRENCE $10,000,000. (LIABILITY IS SUBJECTTO A $100.000. S.l.R. PAYABLE FROM POOl FUNDS) CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED BUT ONLY AS RESPECTS THE CONTRACT #0325400 INCLUDING THE FAMilY SUPPORT EXTENSION GRANT AND ARE SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS AND PER THE ATTACHED ADDITIONAL INSURED ENDORSEMENT. CANCELlATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WIll ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION Of ANY KIND UPON THE COMPANY ,ITS AGENTS OR REPRESENTITIVES. [~'ý fJ1P~~ ~.Å, r¡ &1 rn, . ¡ ':; ~: ff;1';;\iB+j':~~f,;tHpW'-I;'[('1TFi&\i~,.'~' ;X5~~}~p~%2( ~~¡}': i i f~~'~ ~~£-~~u,~Jl ~~:£ ~t~ ~ 9~~J1J¡( I, ~]JitF: fW". ,~'fJl!J ".f ,/'!!""~ KING COUNTY - DEVElOPMENTAL DISABILITIES DIVISION 821 SECOND AVENUE, SUITE 400 SEATTLE, WA 98104 ATTN: CUFF FLOBERG cmtJ ~ / ßL--- Cathy Ryan City of Federal Way Page 1 of 3 L'-\~ 2005 Contract-Exh I TheSt Paul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. --_c. This endorsement changes your Public Entity Liability Protection Pooling Groups - Excess of Self-Insured Retention. How Coverage is Changed The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person when required by a written contract for insurance. Any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person. But only for covered injury or damage arising out of: . premises you own, lease or borrow; or . your work for that person or organization. Any person or organization that you agree in a written contract of insurance to add as an additional protected person under this agreement is also a protected person for covered injury or damage arising out of your completed work for that person or organization. But only if the written contract for insurance specifically requires such completed work coverage for that person or organization and only for the period of time such completed work is required in the written contract for insurance However, no person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person for injury or damage arising out of its sole negligence. In addition, any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person only for the lessor of: . the limits of coverage required by the written contract for insurance; or . the limit~ of coverage available for this agreement. Written contract for insurance means that part of any written contract or agreement in which you agree to add a person or organization as an additional protected person under this agreement that: . was made before; and . is in effect when; CITY OF FEDERAL WAY Cities Insurance Association of Washington Policy Number GP06301648 Processing Date Effective Date 9/1312004 0910112004 40502 Ed. 1-80 Printed in U.S.A. @St. Paul Fire and Marine Insurance Co. 1980 Customized Form Page 1 of 2 City of Federal Way Page 2 of 3 L-20 2005 Contract-Exti I TheSt Paul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - PERSONS OR ORGANIZATIONS REQUIRED BY WRITIEN CONTRACT FOR INSURANCE. This endorsement changes your Public Entity liability Protection Pooling Groups - Excess of Self-Insured Retention. the bodily injury or property damage happens, or the personal injury or advertising injury offense in committed. Additional protected person may also be called an additional insured in the written contract for insurance. We explain the term your work and your completed work in the Products and completed work total limit section. Other Terms All other terms of your policy remain the same. CITY OF FEDERAL WAY Policy Number Processing Date Effective Date GP06301648 9/13104 0910112004, Customized Form Page 2 of 2 40502 Ed. 1-80 Printed in U.S.A. @St. Paul Fire and Marine Insurance Co. 1980 City of Federal Way Page 3 of 3 2005 Contract-Exh I C-2\ EXHIBIT II CITY OF FEDERAL WAY GENERAL REQUIREMENTS - PROJECTS .. --~'- I. WORK STATEMENT A. Board of Directors B. C. City of Federal Way 1. The Agency shall operate in accordance with Section XX, Board of Directors, of the Standard Contract. 2. The board's membership roster, copies of the bylaws and minutes of meetings of the past year shall be available for review. 3. The board shall approve the Agency's annual budget, and there shall be board - oversight of fiscal operations. Agency Administration 1. The Agency shall have current organizational charts describing administrative lines of authority and containing the position titles of program staff. 2. The Agency shall maintain a job description for each position within the organization, detailing duties and responsibilities. 3. The Agency shall have a written statement describing the mission of the organization. 4. Appropriate Agency representatives shall participate in meetings scheduled by the County concerning County or State requirements. 5. The Agency shall have on file all appropriate certificates and licenses in order for the Agency to operate as required by State or local law, rule or regulation. Individual Human and Civil Rights Protection 1. The Agency shall protect individual human and civil rights by its actions and by having written policies which address, at a minimum, the following: a. If providing a direct service, there shall be an appeal/grievance process when a participant or his/her guardian disagrees with an Agency decision. This appeal/grievance process shall ensure that i. All conflicts are negotiated; ii. A mediation process is available upon request, using someone unaffected by the outcome; iii. The individual may be represented by an advocate. b. Protecting participants from exploitation, neglect, and abuse while receiving services. Page 1 of 6 2005 Contract-Exh II C-2- S City of Federal Way i. Comply with Washington State law requiring background checks as required by Revised Code of Washington (RCW) 43.43.830 - RCW 43.43.845 and Washington Administrath!~_C()de fVVAC) 388-06 on all employees and volunteers providing direct service to persons with development disabilities. The criminal background check shall be completed prior to any employee or volunteer having unsupervised access to participants, except as provided for in WAC 388-06-0500 - WAC 388-06-0540, that allow the Agency, for any new hire for whom the results of the Federal Bureau of Investigation (FBI) background check are pending, a one hundred twenty-day provisional hire. II. A copy of the completed and current background inquiries on each employee and volunteer shall be maintained in the Agency's records. Criminal history background checks performed by Washington State Department of Social and Health Services (DSHS), Division of Developmental Disabilities (ODD) expire in three years, and Washington State Patrol checks expire two years from the date the check was made. Either background check is acceptable. ' . c. Policy and procedures for Mandated Reporters, which includes all staff and volunteers, shall be in accordance with RCW 46.44, RCW 74.34 and DSHS/DDD Policy 5.13 Protection from Abuse. i. Report any suspected instance of abuse, neglect or exploitation to local law enforcement and Children's Protective Services or Adult Protective Services as appropriate. II. Suspicion of abuse, neglect, or exploitation that did not occur during the course of receiving services shall be immediately reported. iii. For any suspected physical or sexual abuse, or a potential life threatening situation, immediately call 911. iv. If the Agency serves children, ensure that all staff and volunteers are aware of the special statewide phone number, 1-800-562- 5624, for mandated reporters. v. If the Agency serves vulnerable adults as defined in RCW 74.34, the Agency shall ensure that all staff and volunteers are aware of the special statewide phone numbers for mandated reporters. Call 1-800-346-9257 if the individual lives in his/her own home or if the suspected perpetrator is a family member or visitor to a licensed living facility. For suspected abuse that occurs in a facility by a staff member, call 1-800-562-6078. d. Provide for staff intervention in the most dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. Page 2 of 6 2005 Contract-Exh II C:-1-4 City of Federal Way i. If the Agency serves children, it shall implement a policy to include the prohibition of any form of corporal punishment which includes biting, jerking, shaking, spanking, slapping, hitting, kicking or any other means of inflicting physicâfpåiri to the child being served. This policy shall be followed by procedure outlining appropriate staff interventions in the mo~t dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. . ii. If the Agency serves adults, all interventions shall meet the requirements of DSHS/DDD policies 5.14, Positive Behavioral Supports, 5.15 Use of Restrictive Procedures, and 5.17 Physical/Manual Intervention Techniques issued under authority of RCW 71.A. e. Personnel policies shall include disciplinary consequences for staff members for violation of civil rights. f. Ensure client confidentiality of records, including the provision of release of information and an employee oath of confidentiality. Policy should be in accordance with WAC 388.01 and DSHS/DDD Policies Client Rights 5.06 and Public Disclosure of Records and Safeguarding of Confidential Information 13.01, and Section XXIX Compliance with the Health Insurance Portability Act of 1996 of The Standard Contract. g. The Agency shall provide each client and/or family or advocate, as appropriate, who is receiving the service, an orientation or other informational material in which the following are explained: I. Participant rights; ii. Grievance/complaint procedures; iii. A description of what the recipient may expect through participation in the Agency's services. h. The Agency shall provide this information in a written document. I. The Agency shall agree to allow the Washington Protection and Advocacy System, Inc. (WPAS) access to investigate alleged incidents of abuse, neglect, and rights violations of persons with developmental disabilities as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 1975,42 U.S.C section 6000 and 45 DFR 1385-86. i. To comply with laws and the DSHSIWPAS Access agreement of 2000, and DSHS/DDD Policy 1304 WPAS Access to Client Records maintained by ODD, by providing WPAS Access to the records of individuals with developmental disabilities for the purpose of monitoring, advocacy, investigation of alleged violations of rights, abuse, neglect, abandonment, or exploitation. Page 3 of 6 2005 G)ntract-Exh II C-- 25 D. II. ii. All participants shall be provided uncensored access to writing material, WPAS' address (315 Fifth Avenue, Suite 850, Seattle, WA 98104) and toll-free telephone number (1::8]Q:562-2702 or 206-324-1521), a stamped envelope and/or access to a telephone for private conversations. iit Agree to notify King County Developmental Disabilities Division (KCDDD) within three working days, of any request from WPAS to access its programs, records or clients. J. The Agency shall maintain documentation to demonstrate that all staff is . knowledgeable of, and trained in the implementation of items above. 2. The Agency retains the right to turn down new referrals. The Agency also retains the right to terminate services to individuals for cause. a. The Agency shall have written policies which reflect their referral acceptance policies and termination policies. b. The policies shall describe reasons which may lead to rejection of a referral or termination of current service to an individual. c. The policy shall contain procedures for appeal on behalf of existing or potential clients. Service Delivery 1. Services purchased by the County are restricted to King County residents who have been declared eligible by the State ODD Field Services in accordance with WAC 388. 2. Services shall be based on the values and principles of integration and increased independence, as stated in The County Guidelines, and the authorized service being purchased by the County. 3. The Agency shall cooperate with DDD Region 4 Field Services and the County in any efforts to increase access to services for communities of color and to deliver services in a culturally and linguistically appropriate manner. 4. The Agency shall coordinate services and resources, as appropriate, to meet the needs of individuals ,served by the Agency in order to complement and maximize available resources. SPECIAL PAYMENT PROVISIONS - TEMPORARY CLOSURES OF PROGRAMS In order to qualify for reimbursement for any closure due to natural causes, disasters or other conditions beyond the provider's control, the Agency shall demonstrate that the closure was because of weather conditions or other natural causes necessitating the closure of the public schools in the Agency's catchment area. III. REPORTING AND EVALUATION REQUIREMENTS A. City of Federal Way Family Support Community Service Grant Manual, Attachment B, which includes the billing invoice and participant activity sheets, are due on or before the tenth working Page 4 of 6 L-2-~ 2005 Contrad-Exh II City of Federal Way B. C. D. E. F. day after the close of the calendar month in which the services were delivered. However, the reports for the months of June and December are due on or before the fourth working day of the following month. The invoice shall be submitted according to the process and format specified by the County. The Agency shall review the documents for accuracy and completeness prior to submitting them to the County. The Agency shall report any injury or accident, which requires more than simple first aid, and any extraordinary incident that requires intervention by the Agency, to the case/resource manager for the individual involved and to the KCDDD Program Manager. This includes serious physical or emotional harm or potential harm. 1. The initial report may be done through documented telephone calls to the County Program Manager and the DSHSIDDD case manager. 2. The Agency shall submit a written follow-up report within ten days to the County Program Manager and to the DSHS/DDD case manager. The report to the County Program Manager may be submitted by email, facsimile (FAX) to 206- 905-1632 or by mail to: 821 Second Avenue, ;3uite 400, Seattle, WA 98104. 3. Serious and emergent incidents shall be handled in accordance with DSHS/DDD Policy 12.01 Incident Management. If the Agency is providing direct services to an individual and/or family, a file shall be maintained for services billed to King County containing current medical information (medications, diet, allergies, etc.) needed during the hours of service. The Agency's attendance records and/or service delivery records shall document all services billed to King County. The Agency shall submit, when required by the County, Corrective Action Plans and Corrective Action Reports in accordance with time frames established by the County. Revenue, Expenditure, and Accounting Reports 1. The Agency agrees to cooperate with the County should revenue and expenditure information be required by the County in the future, and/or if the County seeks financial data related to specific service delivery costs. 2. The Agency shall include by insertion or attachment the following certification in its monthly invoice, with signature and date signed by Agency Director or designee: Vendor's Certificate. I hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, sexual orientation, or Vietnam era or disabled veteran status. By: Date: Page 5 of 6 L.-2 "\ 2005 Contract-Exh II City of Federal Way 3. Final Billing ----'.- The Agency shall submit final billings for services provided during the period January 1, 2005, through June 30, 2005, including retroactive adjustments by July 8, 2005, to meet the State of Washington fiscal year-end close-out. The Agency shall submit final billings for services provided during the period July 1, 2005, through December 31, 2005, including retroactive adjustments by January 6,2006, to meet the King County fiscal year-end close-out 2005. Should the Agency not provide the invoices by these deadline dates, the County shall be relieved of all liability for payment of amounts billed in said or in any subsequent invoice monthly reimbursement. Page6of6 C-~~ 2005 Contract-Exh II EXHIBIT III CITY OF FEDERAL WAY FAMILY SUPPORT COMMUNITY SERVICE GRANT ,. WORK STATEMENT The Agency shall provide services to enrolled participants in accordance with the terms and conditions described hereinafter and in accordance with Exhibit II, General Requirements. The total amount of reimbursement pursuant to this Exhibit shall not exceed $4,200 from State. and/or County Funds for the contract period January 1, 2005, through December 31, 2005. Of this amount $2,100 are only for services rendered January 1, 2005, through June 30, 2005. The remaining amount of $2,100 shall be available only for services rendered July 1, 2005, through December 31, 2005. Funds reserved for services in the first half of 2005 shall not be used for services delivered in the second half of 2005. II. PROGRAM DESCRIPTION A. Goal B. C. D. City of Federal Way 1. To assure supportive relationships within families, neighborhoods, and communities. 2. To promote and support community opportunities for individuals with developmental disabilities who reside with their families. Objectives 1. To be family focused; 2. To increase inclusion of persons with developmental disabilities in their communities; 3. To promote community collaboration; 4. Expand horticultural skills, increase health and fitness opportunities for 20 to 30 individuals with developmental disabilities. Eligibility 1. Services funded by this Exhibit shall be provided to assist individuals with developmental disabilities as defined in Exhibit II, General Requirements, Section 1.0" Service Delivery, 1 and 2. 2. Eligible participants are individuals who live with their families or independently. Program Requirements The Agency shall: 1. Develop and implement community based service projects that benefit individuals with developmental disabilities and their families as stated in Attachment A, Family Support Community Service Grant 2005 Contract Project Data Sheet (FSCSG). 2. Facilitate the use of generic community resources. Page 1 of 2 2005 Contract-Exh III C--2, 3. Build community partnerships within and outside of the developmental disabilities system. 4. Address the diverse needs of communities of color and limited or non-English speaking groups. 5. Administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. III. COMPENSATION AND METHOD OF PAYMENT A. The billing invoice and other required reporting documents serve as the Agency's invoice to the County for services rendered. The County may, at its option, withhold reimbursement for any months for which the required reports have not been received or are not accurate and/or complete. B. The Agency shall complete Attachment B, the Family Support Community Service Grant Manuäl (which includes the billing invoice and the participant activity sheets) when billing for actual allowable expenditures and services rendered under this contract. IV. REPORTING AND EVALUATION REQUIREMENTS A. Submit with each billing a brief progress report, on the activities identified in the project. B. For the purposes of this contract, administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. A report summarizing the results shall be submitted no later than with the December 31, 2005 billing. City of Federal W..y Page 2 of 2 C:-30 2005 Contract-Exh III ATTACHMENT A Family Support Community Service Grant 2005 Contract Project Data Sheet January - December 2005 -..- 1. Project Name: Swimming/Fitness & Horticulture 2. Name of Agency/Organization: City of Federal Way & Highline CC 3. Date project (services) will begin: January 1, 2005 (Cannot be earlier than January 1, 2005) 4. Date project (s~rvices) will end: December 31,2005 (Cannot be later than December 31, 2005) 5. Project goal or goals. What results are expected from project? (Limit your response to 50 words or less.) We desire to increase community involvement and awareness of and for people with developmental disabilities through inclusive programming of our two funded areas. We wish to help remove barriers for those with disabilities (physical, financial, mental), increase health and fitness levels, and increase horticultural skills and horticultural benefit recognition (mental, physical and environmental) for all involved. 6. Check the theme(s) that best describes your project: [8] Community Resource Development (Community activities, recruitment of volunteers, support to clients, etc.) D Parents Helping Parents (Support groups) D Provider Support Development (Respite) D Information and Education Initiative (Gather, prepare and disseminate information, etc.) 7. How many eligible (ODD enrolled individuals living with their families) participants will the project serve? 20 - 30 8. Identify service population: D Adults Only D Children Only [8] Both Adults and Children 9. What area(s) of the County will the project serve? So. King County, mostly Federal Way City of Federal Way Page10f2 C-3\ 2005 Contract-Exh '" Att A ATTACHMENT A Family Support Community Service Grant 2005 Contract Project Data Sheet January - December 2005 --~'- 10. What are these funds being used for? (Limit your response to 50 words or less.) The funds will be used to either offset program fees, or enable people to participate completely free. They will also be used to pay necessary staff or one to one assistants, pay facility fees (for example, pool fees) and some program supplies. 11. Briefly describe the project. (Limit your response to one page or less.) HORTICULTURE PROGRAM. Anon-going community horticulture project held at Dumas Bay Centre, a City of Federal Way facility located in Federal Way, Washington. People with developmental disabilities can work with their families and other members of the community to create a beautiful park that can be enjoyed by the entire community. By participating in this program, all people involved will realize the mental, physical and environmental benefits that stem from gardening, landscaping and caring for an outdoor facility. All involved will also be educated on different aspects of horticulture, which could possibly lead to a career in the field. SWiMMING & FITNESS PROGRAM. The purpose of this program is to help people with developmental disabilities access existing swimming lessons, water aerobics classes for health and fitness, therapy, social skills, enrichment and education. In most cases, the individual will attend class with a person who does not have a disability, therefore promoting inclusion. This program has expanded beyond water activities for fitness to include walking, aerobics, rollerskating and more. An individual plan is made for each person wishing to partidpate to facilitate individual needs to the highest degree. City of Federal Way Page2of2 L- 32- 2005 Contract-Exh III Att A ATTACHMENT B FAMILY SUPPORT COMMUNITY SERVICE GRANT Manual Legend: Black Blue Red - For description and formulas. Don't change any black cells. - For monthly update areas. - For linking data from other sheet. Don't change any red cells. Submitted by: E-mail P-mail - "kc.chris@metrokc.gov"; send invoice with original signature by P-mail. - Attn: Esther Wu, KCDDD Address For questions about service programs, please contact Irma Hill @ (206) 296-2913. For questions about fiscal issues, please contact Esther Wu @ (206) 205-0681. City of Federal Way Page 1 of 3 2005 Contract-Exh III Att B c-~~ L-3t.t ATTACHMENT B FAMILY SUPPORT COMMUNITY SERVICE GRANT PARTICIPANT ACTIVITY SHEET * Project Participant Definition: 1) List only participants with a developmental disability who live at home or on their own and who are enrolled in the developmental disabilities system. 2) Do not list participants who are not enrolled in the DDD system. Agency Name: Address: Month Program Name: T I h eel one: # last First Middle Case Date of Participation Describe Name Name Initial Number" Birth Days Activity 1 - 2 3 4 5 6 7 8 -- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . The Case Numbers should be the same as the State DO Case Numbers. Prepared by: Date: PRINT NAME & TITLE City of Federal Way Page 2 of 3 2005 Conlracl-Exh III All B é-- 35 ATTACHMENT B FAMILY SUPPORT COMMUNITY SERVICE GRANT BILLING INVOICE SHEET Agency Name: Address: Month: Program Name: Telephone: Describe Unit Total # Expenditures Price Quantity Amount Note 1 2 3 - 4 5 ---=-- 6 7 8 9 10 11 12 13 14 15 Total 2004 Budget Balance Available King County Vendor's Certificate I hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed. color, national origin, handicéip, religion, sexual orientation, or Vietnam era or disabled veterans status. Prepared by: Date: PRINT NAME & TITLE SIGNATURE City of Federal Way Page 3 of 3 L'- 3<+ 2005 Contract-Exh III Att B S.D CITY OF FI~DI~RAI. WAY PA]{I(S, Rl':C:RI~AJ' ()N AND CULTURAL SFRVICI':S DEPARTMI~N'1'-~ MI~MORANDUM --~- _n--"- -- --"--"-- n-. --- "-".--..-------------- DATI':: TO: January 10, 2005 P]UISJ>S Commil1œ VIA: David MOS~Milnager Donni1 IIi1nson, Director I,¡{OM: SUHJFCT: Downtown Park S'tudy Un" - -- -----" - -- "-" - "---- - -"-_._---"~---_..._--- -" ---. __H - --. ---------- 1'01 ICY Quest Ion Should the City conduct iI feasibility study for iI downtown pilrk in 2005 and if so what information should be includcd In thc rcquest for proposi1IS'1 Bilc:kground . $90,000 for a downtown park study has been included in the 200512006 adopted budget. The City of Federi11 Way Comprehensive Pli1n stiites the followinr, with rcr,ard to a City Center pi1rk: J. ]n the City Center Chapter, one of the principal purposes of the City Center Pli1n is to "providc a central giithcrinr, pli1ce for the community." p VII-I. 2. The Vision Sti1lemcnt rnentions "A eenlri11 gi1thering pli1cC for the eommunity...(in) thc City Center is where thc whole community can eonr,regatc and celebrate. Civic and cultural facilities, in addition to a park and open-space system, meet the needs of residents, employees and visitors. Thesc i1menities connect to the Citywide and regional system of open SpiiCCS, parks and trails. Public i1nd privatc projects contiiin such desir,n e1crnents i1S fountains, sculpturcs, ;:¡nd unique landscapinp,." p VII-] :). Thc "Conccpt Plan" for thc City Center includes the followinr,: "Develop public splices in the City Center, piirlicul(j 'ly in the COlT iircii. Lnhance the City Center with a network of public spaces iind parks connect cd 10 the Citywide and regional systern of open spi1ees, parks, and triiils, Fncouriif~e p,iithcrinr, spaces in phvatc developmcnL" p. VII-9 4. City Center Policy 26 states: "Connect CeJcbri1tion Park and Steel Lake Park, via a pedestrian/bicycle pathway, biscetinf~ the City Center: orient buildings, urban open spaces, pla/.ils, etc., topalhways wherc feasible." 1'VII-18 5. The principii I sti1tcrnenl rer,ardinr, City Center open splice is found in the "Civic Buildings D-\ and Open Space" component, stCirtine on p VJJ-2 I, which includes the following key stCitements: " "^ network of outdoor spCices for recreCition, strolling, gathering, and dining will make the City Center Ci lively and attractive place to live, shop, and conduct business. Each type of space should serve a rCinge of users and activities. Outdoor spaces should range frorn a rnajor urban park which is the focal point for downtown, to pocket urban plazas for lunch time gathering by residents, visitors, and workers...." P V JI-2 J " "Map V]I-f; proposes a central outdoor gathering place within thc core area, such as a park, plal,a or square, which will becorne the focus of eomrnunity Cietivitics in the core. Uscs around the edges of the pla/,a, such CiS transit facilities arK:! cafes, should be sited to gencTlItc lIctivitythrougholit the dllY." P V]1-2l 6. In lIddition the following policies hllve been adopted with regard to siting and development of City Center open spaces: .. City Center Policy 38 stlltes: "^cquire land necessary to provide a broad ranee of recrclltionCiI opportunities throughout the City Center.... to City Ccnter Policy 1\0 stlltes: "Development of public spaces within the City Center will focus on linking these to existing recrcational components of the Citywide pCirks system." PVII-23 7. ],lIStly, in the "]rnpJcrnentiitiorJ section of the City Center Chapter, under the "2005-20J5 ^etions" the Iìrst goal reads as follows: .. Construct City Ccnter Park with public Mncnitics such as Jè)untiiins, sculptures, iind unique lIndsellpe Sepll (lte from Celebration Park. PV]J-28 Diseussiolì Qucstion: \\lhal an' the polential coIH'cpt-levcl colnpolH'nts thaI should be ilìchHled in such a study? (\\llIal do you ward 10 learn fronl tllc study'?) .. ^naly¡,e existing land uses, plans and policies, planned reckvclopment, etc., to understand future environment for city center park Develop criteria and list of potential sites Develop potentia I range of costs Identify potentiCiI for trail connection between Celebration Park and Steclll1kc Park . . . Input from Ow .Jalìllary G1h Parks Commission will be provid(~d at the commiHc(~ meeting. 2 ~-2