AG 90-021 - KING COUNTY (PRIVATE SECURITY)
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/t-(S:. 7' ð - 2/ a..)
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PRIVATE SECURITY INTERLOCAL AGREEMENT
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S7IL
day
THIS AGREEMENT is made and entered into this
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F~
, 19~, between KING COUNTY, State of
of
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washington, hereinafter called the "County," and the CITY OF
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FEDERAL WAY, Washington, a non-charter code city, hereinafter call d
the "City," under authority of Title 39, Revised Code of
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Washington, and particularly RCW 39.34.080, King County Ordinance
No. 1888, and City of Federal Way Ordinance No. 90-28.
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WIT-NESSETH:
WHEREAS, the County and the City have jurisdiction to
regulate the activities of private security personnel including,
but not by way of limitation, private guards, merchant patrolmen,
and detectives within their respective boundaries; and
WHEREAS, the business of private security presents
peculiar licensing and law enforcement problems of a multi-
jurisdictional nature; and
WHEREAS, it is desirable in order to adequately protect
the interests of the County and the City, and the citizens
thereof, to provide for a uniform County-wide system of licensing
such private security activities and the persons therein engaged;
and
WHEREAS, the County and its employees and more
particularly the Business License Section, Division of General
Services, Department of Executive Administration, are well
qualified and able in matters relating to the licensing and
enforcement of laws relating to the conduct of the private
security business; and
WHEREAS, the City desires to obtain the assistance of
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ORIGINAL
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the County in matters relating to the licensing and enforcement
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of laws relating to the conduct of the private security business
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and the persons engaged in such activities; and
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WHEREAS, the County is ready, willing and able to act
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to assist the City in matters relating to the licensing and
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enforcement of such laws.
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NOW, THEREFORE, in consideration of payments, mutual
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agreements and covenants hereinafter contained and subject to the
terms and conditions hereinafter stated, it is hereby understood
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and agreed by the parties hereto as follows:
1.
The City has enacted and shall amend from time to
time Ordinance No.
90-2~ which is substantially similar to King
County Code, Chapter 6.24, as now or hereafter amended.
2.
The City shall delegate the power to determine eli-
gibility for licenses issued under the terms of the above men-
tioned city ordinance to the Director of the King County
Department of Executive Administration and his/her authorized
representatives, subject to the conditions set forth in the above
mentioned city ordinance and subject to the review power of the
King County Board of Appeals.
3.
The City shall delegate the power to enforce the
terms of the above mentioned city ordinance including the power
to deny, suspend or revoke licenses issued thereunder, to the
Director of King County Department of Executive Administration
and his/her authorized representatives subject to the conditions
set forth in the above mentioned city ordinance and subject to
the review power of the King County Board of Appeals.
Nothing in
this agreement is intended to divest the City of authority to
issue notices of violation and court citations for alleged viola-
tions of City ordinances.
The authority to issue notices of
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violations and court citations may be exercised by either the
County or the City.
4.
The County shall perform, consistent with available
resources all services relating to licensing and enforcement of
city ordinances relating to private security activities and the
persons conducting same in accordance with the terms of this
agreement and the above mentioned city ordinance.
Except as
otherwise hereinafter provided for, the minimum level of service
which will be provided shall be the same minimum level of service
that is and shall be hereinafter during the terms of this
agreement provided for the unincorporated areas of the County by
the aforementioned King County Department of Executive
Administration.
5.
Except as set forth in section IDA. below, services
to be provided by the County pursuant to this agreement do not
include legal services, which shall be provided by the City at
its own expense.
6.
The rendition of such services, the standards of per-
formance, the discipline of employees and all other matters
incident to the performance of such services and the control of
personnel so employed shall remain in the County.
In the event
of a dispute between the parties as to the extent of the services
to be rendered hereunder, or the minimum level of manner of
performance of such service, the determination of the Director of
the King County Department of Executive Administration shall be
final and conclusive in all respects as between the parties
hereto.
7.
The City agrees that all fees collected by the
County pursuant to the licensing and registration of private
security persons shall be and remain the property of the County
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subject to the provisions of Clause 7 of this contract.
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The County shall pay over to the City on a yearly
8.
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basis the sum of:
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a.
$50.00 for each Class A License issued to an
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agency having its principal office in the City;
$50.00 for each Class B License issued to an
b.
agency having its principal office in the City;
c.
$83.33 for each Class C License issued to an
agency having its principal office in the City;
9.
The parties agree that all fines levied by a court
of competent jurisdiction or civil penalties assessed by the
Director of the Department of Executive Administration for viola-
tion of the city ordinance subject to this agreement shall become
the property of King County.
10.
Indemnification:
A.
The County shall indemnify and
hold harmless the City and its officers, agents, and employees,
or any of them, from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature
whatsoever, by reason of or arising out of any negligent action
or omission of the County, its officers, agents, and employees,
or any of them, in performing services pursuant to this
agreement, -16 ~~~fJ tÁ..e.- (!~¥ ru¡~~.
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City, the County
shall defend the same at its sole cost and expense; provided,
that, the City retains the right to participate in said suit if
any principle of governmental or public law is involved; and if
final judgment be rendered against the city and its officers,
agents, and employees, or any of them, or jointly against the
City and the County and their respective officers, agents, and
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employees, or any of them, the County shall satisfy the same,i.
---uy~ 1 t:Iu.- ~ rLL-j6---~.
B. The City shalf indemnify and hold harmless the
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County and its officers, agents, and employees, or any of them,
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from any and all claims, actions, suits, liability, loss, costs,
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expenses, and damages of any nature whatsoever, by reason of or
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arising out of any negligent act or omission of the City, its
officers, agents, and employees, or any of them) i-.s~ J+~ ~
~ f! :~ '5 nLR¿¿/f~~
. In the eventUthat any suit based upon such a claim,
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action, loss, or damage is brought against the County, the city
shall defend the same at its sole cost and expense; provided that
the County retains the right to participate in said suit if any
principle of governmental or public laws is involved; and if
final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, or jointly against the
County and the City and their respective officers, agents, and
employees, or any of them, the City shall satisfy the sameJh
~ f:::¿;J óJ tiu- e L Q¡ 1-5 /1Lj &.:r ~ .
C. In executingUtWis agreement, the County does not
assume liability or responsibility for or in any way release the
City from any liability or responsibility which arises in whole
or in part from the existence or effect of city ordinances, rules
or regulations.
If any cause, claim, suit, action or administra-
tive proceeding is commenced in which the enforceability and/or
validity of any such City ordinance, rule or regulation is at
issue, the City shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the City, the
County, or both, the City shall satisfy the same, including all
chargeable costs and attorney's fees.
ll.
This agreement shall be effective on the
1st
A.
day of
,1991, and terminate on the
January
31st day of
December, 1993.
It is further agreed that should both parties
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desire to continue this agreement after the termination date,
this contract may be renewed for a period of one year on the same
terms and conditions, upon the giving of written notice by either
party to the other not less than thirty (30) days before the
expiration of this agreement.
B.
Either party shall have the right to cancel this
agreement at any time upon the giving of 90 days written notice
to the other of such cancellation.
In the event of such
cancellation, all monies allocated under this agreement shall
become immediately due and payable.
The cancellation of this
Agreement shall not affect the validity of any license issued
pursuant to city Ordinance No. 90-28
as now or hereafter amended.
12.
This writing embodies the whole agreement of the
parties.
There are no promises, terms, conditions or obligations
other than those contained herein.
The parties further agree
that no liability shall attach to either of the parties by reason
of entering into this contract except as expressly provided
therein.
III
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove
written.
KING COUNTY
CITY OF FEDERAL WAY
BY
FOR
BY~
Y /'tÞ"Y""
ATTEST:
~~ FOR:
Dire or
Department of Execue ve Administration
APPROVED AS TO FORM:
//,
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_.
W\ /)M \A W\ kaJ~
Deputy prosecuting Attorney
COPSFED7(-6) (AB1)
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/
King County
General Services Division
Animal, Business, Marriage License Section
Department of
Executive Administration
403 King County Administration Bldg.
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-3504
RECEIVED
FEB 1 5 1991
CITY CLERKS OFFICE
CITY OF FEDERAL WAY
February 14, 1991
Maureen Swaney
city Clerk
City of Federal Way
33530 First Way south
Federal Way, Washington
98003
RE:
INTERLOCAL SERVICE AGREEMENT
Dear Ms. Swaney:
Enclosed please find your fully executed copy of the animal
control services agreement and the private security services
agreement for 1991-1993.
If you or other city officials have any questions, concerns or
suggestions regarding our services, please call me or Dan
Graves, Animal Control Chief, 296-3945, or Terry Denend, 296-
3504.
Thank you for your help in executing these agreements.
Sincerely,
~ì
--, ..Iv. Þ1 " r; /
(~,,:¿. £ t 1-; ,.c-k.- ~\,.L/
¡ð~ames J. Buck, Manager
r King County General Services
JB:TD:td
CDAC.1 (TD.WK)
Enclosure
cc:
Dan Graves, Chief, Animal Control Section
Terry Denend, Supervisor, Business License Section
@
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(!/9 C 9ð ,-~ I
8
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PRIVATE SECURITY INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into this
.!) "7
day
of
\_:.-{ \, r \.( Ú. 'I
, 19(1tj , between KING COUNTY, State of
Washington, hereinafter called the "County," and the CITY OF
FEDERAL WAY, Washington, a non-charter code city, hereinafter
called the "City," under authority of Title 39, Revised Code of
Washington, and particularly RCW 39.34.080, King County Ordinance
No. 1888, and City of Federal Way Ordinance No. qÖ <)<;).
WITNESSETH:
WHEREAS, the County and the City have jurisdiction to
regulate the activities of private security personnel including,
but not by way of limitation, private guards, merchant patrolmen,
and detectives within their respective boundaries; and
WHEREAS, the business of private security presents
peculiar licensing and law enforcement problems of a multi-
jurisdictional nature; and
WHEREAS, it is desirable in order to adequately protect
the interests of the County and the City, and the citizens
thereof, to provide for a uniform County-wide system of licensing
such private security activities and the persons therein engaged;
and
WHEREAS, the County and its employees and more
particularly the Business License Section, Division of General
Services, Department of Executive Administration, are well
qualified and able in matters relating to the licensing and
enforcement of laws relating to the conduct of the private
security business; and
WHEREAS, the City desires to obtain the assistance of
the County in matters relating to the licensing and enforcement
of laws relating to the conduct of the private security business
and the persons engaged in such activities; and
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ORIGINAL
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.
WHEREAS, the County is ready, willing and able to act
to assist the City in matters relating to the licensing and
enforcement of such laws.
NOW, THEREFORE, in consideration of payments, mutual
agreements and covenants hereinafter contained and subject to
terms and conditions hereinafter stated, it is hereby understood
and agreed by the parties hereto as follows:
1. The City has enacted and shall amend from time to
time Ordinance NO.?t --.X', , which is substantially similar to King
County Code, Chapter 6.24, as now or hereafter amended.
2.
The City shall delegate the power to determine eli-
gibility for licenses issued under the terms of the above men-
tioned city ordinance to the Director of the King County
Department of Executive Administration and his/her authorized
representatives, subject to the conditions set forth in the above
mentioned city ordinance and subject to the review power of the
King County Board of Appeals.
3.
The City shall delegate the power to enforce the
terms of the above mentioned city ordinance including the power
to deny, suspend or revoke licenses issued thereunder, to the
Director of King County Department of Executive Administration
and his/her authorized representatives subject to the conditions
set forth in the above mentioned city ordinance and subject to
the review power of the King County Board of Appeals.
Nothing in
this agreement is intended to divest the City of authority to
issue notices of violation and court citations for alleged viola-
tions of City ordinances.
The authority to issue notices of
violations and court citations may be exercised by either the
County or the City.
4.
The County shall perform, consistent with available
resources all services relating to licensing and enforcement of
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city ordinances relating to private security activities and the
persons conducting same in accordance with the terms of this
agreement and the above mentioned city ordinance.
Except as
otherwise hereinafter provided for, the minimum level of service
which will be provided shall be the same minimum level of service
that is and shall be hereinafter during the terms of this
agreement provided for the unincorporated areas of the County by
the aforementioned King County Department of Executive
Administration.
5.
Except as set forth as section lOA. below, services
to be provided by the County pursuant to this agreement do not
include legal services, which shall be provided by the City at
its own expense.
6.
The rendition of such services, the standards of per-
formance, the discipline of employees and all other matters
incident to the performance of such services and the control of
personnel so employed shall remain in the County.
In the event
of a dispute between the parties as to the extent of the services
to be rendered hereunder, or the minimum level of manner of
performance of such service, the determination of the Director of
the King County Department of Executive Administration shall be
final and conclusive in all respects as between the parties
hereto.
7.
The City agrees that all fees collected by the
County pursuant to the licensing and registration of private
security persons shall be and remain the property of the County
subject to the provisions of Clause 7 of this contract.
8.
The County shall pay over to the City on a yearly
basis the sum of:
a.
$50.00 for each Class A License issued to an
agency having its principal office in the City;
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.
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b.
$50.00 for each Class B License issued to an
agency having its principal office in the City;
c.
$83.33 for each Class C License issued to an
agency having its principal office in the City;
9.
The parties agree that all fines levied by a court
of competent jurisdiction or civil penalties assessed by the
Director of the Department of Executive Administration for viola-
tion of the city ordinance subject to this agreement shall become
the property of King County.
lO.
Indemnification:
A.
The County shall indemnify and
hold harmless the City and its officers, agents, and employees,
or any of them, from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature
whatsoever, by reason of or arising out of any negligent action
or omission of the County, its officers, agents, and employees,
or any of them, in performing services pursuant to this... 1\
agreement} ¿. _ø ÞK~",~ ~-j~ ( A!-..!:JJI
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City, the County
shall defend the same at its sole cost and expense; provided,
that, the City retains the right to participate in said suit if
any principle of governmental or public law is involved; and if
final judgment be rendered against the city and its officers,
agents, and employees, or any of them, or jointly against the
City and the County and their respective officers, agents, and
em.PIOyees, or any of them, the)junty.... .s. hall satisfy the same... ,¿
U~4 ,I}/,. ~ 'I ~ I .( ./
B. The CitY's~all in emnify and hold harmless the
County and its officers, agents, and employees, or any of them,
from any and all claims, actions, suits, liability, loss, costs,
expenses~, and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City, its
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.h \hc ü~~ -\ .,\ ~.{
c\\-,.;. \\ f ,) \ ~S ("c.( ,
officers, agents, and employees, or any of them)
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the County, the City
shall defend the same at its sole cost and expense; provided that
the County retains the right to participate in said suit if any
principle of governmental or public laws is involved; and if
final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, or jointly against the
County and the City and their
employees ,or any of them., the tCity.. shall
C\\l..,'I: O'~ \¡)....., (~\\"~'-~ \ìt'S\'~l'/"^ <., At...
C. In executing this a~reement,
respective officers, agents, and.
-1" +r-. ~
sA~isfy the same,
<¿¿) ~ -
the County does not
assume liability or responsibility for or in any way release the
City from any liability or responsibility which arises in whole
or in part from the existence or effect of city ordinances, rules
or regulations.
If any cause, claim, suit, action or administra-
tive proceeding is commenced in which the enforceability and/or
validity of any such City ordinance, rule or regulation is at
issue, the City shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the City, the
County, or both, the City shall satisfy the same, including all
chargeable costs and attorney's fees.
ll.
This agreement shall be effective on the
A.
28th
day of
February, 192Q, and terminate on the
31st day of
December, 1990.
It is further agreed that should both parties
desire to continue this agreement after the termination date,
this contract may be renewed for a period of one year on the same
terms and conditions, upon the giving of written notice by either
party to the other not less than thrity (30) days before the
expiration of this agreement.
B.
Either party shall have the right to cancel this
agreement at any time upon the giving of 30 days written notice
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1
to the other of such cancellation.
In the event of such
2
cancellation, all monies allocated under this agreement shall
3
become immediately due and payable.
The cancellation of this
4
Agreement shall not affect the validity of any license issued
pursuant to City Ordinance No. 7fO~~Z as now or hereafter amended
5
6
12.
This writing embodies the whole agreement of the
7
parties.
There are no promises, terms, conditions or obligations
8
other than those contained herein.
The parties further agree
9
that no liability shall attach to either of the parties by reason
of entering into this contract except as expressly provided
therein.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove
written.
KING COUNTY
By\g~~
County Executive
CITY OF FEDERAL WAY
BYð~8~
City /
ATTEST:
Director
Department of Executive Administration
APPROVED AS TO FORM:
~~
/Deputy Prosecuting Attorney
(/
LV. u.ß-~
COPSFEDl(CO.3)
-6-
8
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King County
General Services Uivision
Department of
Executive Arlministnnion
411 King County Admini~!r,"i()" Bldg.
saa Four/Ii Avenue
Seattle. Washington ~S1~"1
(:!O6) 2!)6-34R~
December 17, 1990
Maureen Sevaney, city Clerk
city of Federal Way
33530 First Way South
Federal Way, WA 98003
RE:
Interlocal Services Aareement - Private Security services
Dear Ms. sevaney:
Enclosed is an Interlocal services Agreement for services
relating to the licensing and enforcement of your city ordinance
pertaining to private security agencies and private security
registrants. This Agreement would continue the service
relationship for an additional three years.
The terms and conditions are the same as the current Agreement
except for the term which is increased from one to three years,
and the notice requirement for cancellation of the Agreement
which is increased from sixty (60) to ninety (90) days. The
extended term and cancellation periods are designed to give the
County and city the ability to plan services better, to mutually
respond to service needs of citizens, to effectively evaluate
service needs and response, and to afford administrative
continuity in supporting the services Agreement.
The County looks forward to providing licensing and enforcement
services for private security agencies and private security
registrants and to continuing our mutual efforts to improve
them. If you have any questions concerning this Interlocal
Services Agreement, please contact Terry Denend, Supervisor,
Business Licenses Section at 296-3504. Thank you.
sincerely,
~~
James J. Buck, Manager
General Services Division
JJB:amb
CBPSFED (IN)
Enclosures
cc:
Terry Denend, Supervisor, Business Licenses section
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FEDERAL WAY CITY ~NCIL
SPECIAL MEETING
1/23/90
"',
8
QLD BUSINESS
COMMITTEE REPORTS (cont.)
Land Use & Trans-
portation Committee
Vesting Status of
Projects in Process
Human Services
Committee to meet
with Parks & Rec.
Committee, 2/7/90
at 7:30 a.m.
Budget Committee
Meeting 1/25/90
7:30 a.m.
Budget Adoption
set for 2/6/90
Human Serv ice s
. Committee - No
Meeting 2/1/90
Will meet 2/7/90
"!~,
P.u bi ic Se17V ic e 5
Committee
8 Interlocal
Agreements completed
Meeting at 7:00 a.m.
due to AWe meeting
1. Campus Crest Multi-Family Project, South
side of Campus Way.
2. Campus Highlands Multi-Family Project,
South side of Campus Way.
3.Kits'Corner Apartments, 356th/Enchanted
Parkway
4. Campus Park Business Plat
5. Palisades Plaza, 320th and Hoyt Road
Report back to Council was requested. Funding
for consultant to continue under present
budgetary allocation. Códrt¿il~ari M~tks~£ålI~d
attention to development at 7th and 323rd near
wetlands area, much concern by residents of
that area expressed. (Campus Ridge) This not
under review at present but may be considered
as study proceeds. PENDING MOTION CARRIED TO
RETAIN CONSULTANT AND INVESTIGATE VESTING STATUS.
Councilmember Templeton, Chairman of the Human
Services Committee, reported joint meeting on
2/7/90 at 7:30 a.m. with the Parks & Recreation
Committee to discuss vision for the future
Senior Center, Yvonne Sullivan, Director of
the center to be present. Also, a Draft Inter-
local Agreement with the Community Development
Block Grant Office of King County is approved
and ready for execution by the City Manager.
The Committee plans include a Citizens
Advisory Committee.
Councilmember Gates, Chairman of the Budget,
Finance and Insurance Committee, announced a
meeting on Thursday, January 25, at 7:30 a.m.
to review council committee and public budget
requests. Budget adoption set for 2/H/90.
The committee will also review an Ordinance
creating budgetary funds. It was noted the
gambling taxation ordinance does not create
new tax but transfers funds colle~tedby King
County to Federal Way.
Councilmember Templeton, Chairman, Ruman
Services Committee, announced regular meeting
of 2/1/90 cancelled and 2/7/90 meeting, 7:30am
set in lieu thereof.
Councilmember Marks, Chairman, Public Se~vices
Committee, reported eight Interlocal Agreements
have been approved with King County, City
Manager Locke commended for tremendous effo~ts
in correlating the cont!act documents. Meet~ng
was set for 1/26/90 at 1:00 a.m. to discuss
Public Works and Police Contracts.
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8
FEDERAL WAY CITY C'oUNCIL
SPECIAL MEETING
1/23/90
"
.
OLD BUSINESS
COMMITTEE REPORTS (cont.)
Public Services ..
Committee - Inter-
local Agreements
~itñ King County
?e.r sonne,l <i\na
:P ac il it ies
Co.m1ßittee:- Meeting
1/24/90,7:30 a.m.
Salary Schedule and
Organizational Chart
completed
Larger facility needed
to house personnel
Parks, Recreation
and Cultural Arts
Committee - Meeting
2/7/90, 7:30 a.m.
re Sr. Center Program-
also acquisition of
airport prope~ty
Open Space Projects
3631:d Project
Hylebos wetlands
Spring Valley
Ade1aide/Lakoda
Beach Properties
. Councilmember Marks, Chairman, Public
Services Committee submitted Inter~ .
local Agreements ready for execution.
MOVED BY MARKS, SECONDED BY TEMPLETON, TO
AUTHORIZE CITY MANAGER AL LOCKE TO ENTER
INTO INTERL6CAL C:ONTRACT AGREEMENTS WITH
KING COUNTY AS FOLLOWS: (1) Health Services
(2) Federal Way District Court, including
Violations Bu1ieau, (3) jail Services, (4)
Community Development Block Grant Services,
"(5) Solid Waste Services, (6) Animal Control,
(J) Taxi Licensing and {81 Security euard
l.ieetnfng.., MOTION CARRIED.
Councilmember Stead, Chairman of the Per~
sonnel and Facilities Committee, reported
the committee has firmed up the salary schedule
and organizational chart and will meet again
on 1/24/90 at 7!30 a.m. to look at additional
facilities that may be required in view of
projections that the present facility will not
accommodate staff within the next 1-3 months.
Alternatives will be explored with report
back to council.
Councilmember Webster, Chairman of the Parks,
Recreation and Cultural Arts Committee,
announced meeting 2/7/90 at 7:30 a.m. wit"
the Human Services Committee to discuss the
Senior Citizen Center Program and potential
ways to acquire property known as the
Evergreen Airport property, for public use.
Chairman Webster advised that King County
has five projects resulting from the Open
Space Bond Issue. One is the 363rd project
being acquired by the staff of Open Space
Office per our request; the two projects
re1atin~ to the Hylebos wetlands are going
to be acquired by the Washington State
Parks and Recreation staff as soon as the
legal documents are completed lea~ing to
additional projects, Spring Valley and
Adelaide/Lakota which are the responsibility
of the City.
MOVED BY WEBSTER, SECONDED BY HANDMACHER,
THE CITY ADMINISTRATION BE AUTHORIZED TO
EXPEND UP TO $15,000.00 FROM- THE COUNCIL
CONTINGENCY-FOR TITLE REPORTS AND APPRAISALS
ON THOSE TWO PROPERTIES KNOWN AS ADELAIDE-
LAKOTA PROJECTS. CARRIED. (Bond issue will
reimburse the City.)
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