PRHSPSC PKT 06-13-2005
Monday, June 13,2005
5:30 p.m.
- - ----
2005 Committee Members:
Jeanne Burbidge, Chair
Jack Dovey
Jim Ferrell
1.
2.
3.
4.
5.
6.
7.
8.
Hylcbos
CALL TO ORDER
PUBLIC FORUM
COMMISSION COMMENTS
APPROY AL OF MAY 9, 2005 SUMMARY
COMMITTEE BUSINESS
A.
B.
C.
Action
Action
Sanders
Sanders
French Lake Park - Future Plans
Authorizing Resolution for Grant for West Hylebos Boardwalk
Agreement between City of Federal Way & Public Health-
Seattle & King CO" for the Medicaid Administrative MATCH
Program Action
Joint Intcrlocal Agrcement Regarding the Community Action
Development Block Grant (CDBG) Program
Steel Lake Park Conccssion Bid Award
Animal Control Discussion
Pocket Bikes/Mini-motorcycles
D.
Allcn-Mpyisi
O'Donnell
E.
F.
G.
Action
Infoffilation
Information
Reuter
Wang
Kirkpatrick
PENDING ITEMS
. Community Center
. Armstrong Property
. Thompson Property
. Animal Control
. Hylebos Park
. Transitional Housing
NEXT MEETING - July 11, 2005 - in the Hylebos Conference Room
ADJOURNMENT
Staff:
Donna Hanson, Director
Mary Jaenicke, Administrative Assistant
835-690 I
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City of Federal Way
City Council
P ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, May 9; 2005
5:30 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Jim ferrell, Jaek Dovey, Deputy Mayor
Kochmar, David Moseley, City Manager, Derek Matheson, Assistant City Manager, Brian Wilson, Deputy Director
of Public Safety, Amy Jo Pearsall City Attorney, Angelina Allen-Mpyisi, Human Services Manager, Kelli O'Donnell
CDBG Coordinator, Donna Hanson, Director, Kurt Reuter, Park Operations Superintendent, Mary Faber, Rccreation
& Cultural Services Superintendent, Steve Ikerd, Property Services Manager, Mary Jaenicke, Administrative
Assistant.
Guests: Bob Kellogg, Barbara Reid, H. David Kaplan, Friends of French Lake Park, CT. Purdom Parks and
Recreation Commission, Richard King and Human Services Commission, Kris Bush NW Parks Foundation, Mike
McCoy and Mark Freitas and other members of the FW Amateur Radio Club.
Chair Burbidge called the meeting to order at 5:34p.m.
PUBLIC FORUM
H. David Kaplan: Mr. Kaplan stated he was speaking as a representative from the Friends of French Lake Park.
The new citizens group consists of eight members, four of them former Parks and Recreation Commissioners. The
organization was formed to preserve and enhance French Lake Park. Mr. Kaplan stated that they met with
Lakehaven's Water Manager John Bowman, to discuss Lakehaven's future plans with their share of French Lake
Park. Mr. Bowman discussed the Oaisis project, which would involve the installation of 27 new wells. Mr. Kaplan
asked that the City do something constructive with French Lake Park. The Friends of French Lake Park would like
to work with the City of Federal Way and Lakehaven to make the park useable.
Bob Kellogg: Mr. Kellogg stated that French Lake Park is a beautiful place, and reminds him of what Federal Way
used to be. He also stated that it is a shame to keep French Lake Park in the shape that it is. There needs to be places
for young families to go to. Do not discount the park because Lakehaven is talking about 27 wells. It could be a
long time before that ever happens.
Barbara Reid: Ms. Reid slated that she has been involved with this project for about 10-12 years. She stated that
French Lake Park serves a neighborhood, and there are apartments across the street that has young families. The
problem is that the entrance to the park is hidden, and there is not easy access. The park needs development from the
City. The park needs amenities. The city wiIllose the park if they abandon it. She urged the City of Federal Way to
do something positive with that park.
Bill: He stated that there are a tremendous number ofpeoplc who use the park as an off-leash dog park, and a lot of
the users are not Federal Way citizens. The park is vcry well known by dog owners. He stated that he was unaware
of any other area in the city that allowed for off-leash dog parks.
Council member Burbidge reported that there is an off-leash dog park in SeaTac, called Grandview Park. lt is a
beautiful park that allows dogs to run free. Cities in the area formed a coalition, and this park carne to fruition. The
subject of French Lake Park and Animal Control will be on the June Council Committee agenda.
COMMISSION COMMENT
CT. Purdom: Mr. Purdom stated that the Parks and Recreation Commission agreed that French Lake Park is a
beautiful area. The commission has looked at this issue a number of times. It always comes down to work load and
money and other areas that need to be addressed. The full council has advanced additional areas that need to be
looked at. The direction that the commission has taken has been towards developing more neighborhood parks as
they have grown as a city. They will continue to look at the park, but there are difficulties in developing that
property. The members of the commission arc not sure how to overcome those difficulties. The commission will
continue to listen, but they do have a work pian and priorities. He wanted the council committee to know that they
have not ignored the issue.
l<'ederal Way Amateur Radio Club
Mark Freitas introduced Mike McCoy, President of the Federal Way Amateur Radio Club. Mr. McCoy provided a
power point presentation that discussed the organization, which incorporated in October of 1998. The purpose of the
club is to support emergency communication of City of Federal Way CERT and NET teams. The club is a SOI(c)3
and they are able to ask for donations, and apply for grants.
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday May 9, 2005 Summary
Page 2
APPROVAL 01<' SOMMARY
Council members Dovey aud Ferrell moved to accept the April meeting minutes as written. Motion passed.
BUSINESS ITEMS
Park Maintenance Contract
Mr. Ikerd reported that he received quotes from four companies. Myers Master Lawncare. submitted the lowest
responsive bid. The total amount of the contract is $51,348.86, which includes $3500 in additional services. Myers
Master Lawncare has provided acceptable services for the city in the past. It was clarified that the hourly rate is for
additional services. Council member Ferrell moved to approve the RFQ from Myers Master Lawneare and
authorize staff to draft a one-year contract totaling $51,348.86, which includes $3,500.00 in additional
services and place before City Council on May 17,2005. Council member Dovey seconded. Motion passed.
Northwest Parks Foundation - Parks Safety Net Fund Manal!:ement
Ms. Faber introduced Kris Bush, the Executive Director of the Northwest Parks Foundation. The Northwest Parks
Foundation would accept cash donations and account for those cash donation. A 5% management fee would be
charged for every donation over $25.00. Also, if a citizen makes a donation using a credit card, Northwest Parks
Foundation would pay the merchant fee and charge it back to the City. Once a month the City will receive a single
check. Northwest Parks is responsible for doing all of the accounting. The Foundation was formed in 2002 to
address the lack of funding for parks and recreation facilities. Council member Dovey moved to authorize the
City to enter into an Agreement with Northwest Parks Foundation to establish and manage the Parks Safety
Net Fund for City Parks and Recreation Projects/Programs for the collection of grants and private donations,
and forward to the full city Council on May 17 for approval. Ferrell seconded. Motion passed.
Capital Fund Raisin!!: Campai!!:n Proposal for the New Community Center
Ms. Faber reported that she and the Parks Commission Fundraising Committee spent a number of months working
on the Campaign. They have been working with the Northwest Parks Foundation. The Foundation aided in
developing the fund raising campaign based on the committee's goals and ideas. Mr. Kaplan stated that the one
thing that is missing from the fund raising campaign is the naming rights for the building. There is no mention of how
much it would cost. Ms. Faber said that the naming of the building has been an unresolved situation. Staff has not
received direction from Council regarding naming the center. The naming of the Center was left out intentionally,
but it can be added at any time. Council member Dovey moved to authorize the City to enter into a Capital
Fund Raising Campaign as outlined by the Fundraising Capital Fund Raising Campaign Proposal for the
enhancement and improvement of elements with a goal of $500,000, and forward to City Council on May 17
for approval. Ferrell seconded. Motion passed.
Amend 2005 CDBG Allocation to Federal Way Community Center for Senior Nutrition & Health
Improvement Project
Ms. O'Donnell that this is part of the 2005 CDBG project. The original project was for the purchase and installation
of kitchen and health equipment that would benefit seniors and would be eligible for CDBG. After the funds were
allocated, the policies of the consortium were changed because they were not spending the funds quickly enough.
The deadline to spend the money has been reduced to May of 2006. The completion of the community center is not
scheduled to be finished until the end of September 2006. They have been working with the County and Staff to
identify other possible ways of using the funding. There are two options: 1) Cancel the 2005 CDBG award for the
project, and consider funding construction of the project as part of the 2006 CDBG capital allocation process, and
award the funds per the 2005 CDBG Contingency Plan. 2) Amend the 2005 CDBG award for the project, to pay for
the CDBG eligible development costs. There are advantages and disadvantages for both options. Staff has
recommended amending the 2005 CDBG award for project COS027 because the new Community Center will benefit
Federal Way Seniors with expanded services, and it also provides a mechanism to complete the environmental
review of a 2006 CDBG construction project as the second phase of the Senior Nutrition and Health Equipment for
the new Federal Way Community Center, which will assist with timely expenditure of Federal Way CDBG funds.
Ms. O'Donnell wanted to be sure that Council is aware that there my be changes to the King County CDBG
Consortium that could limit the number of capital projects that can be funded by Federal Way alone in 2006. If
council chooses to fund the construction phase of the Senior Improvements to the Community Center, there may not
be COBG funds available for other capital projects serving Federal Way exclusively. Council member Ferrell
moved to amend the 2005 CDBG award for project C05027, in the I!-mount of $89,825, for Senior Nutrition
and Health Equipment for the new Federal Way Community Center, in the vicinity of 1095 S 324th Street,
I<'ederal Way, to pay for the CDBG eligible development costs includinl!:, but not limited to: permittin!!,
PARKS, IŒCRRATION, HUMAN SERVICES
&J>UULIC SAFETY COUNCIL COMMITTEE
Monday May 9, 2005 Summary
I'age 3
project management, envirOlllllental review, and bidding expenses for the portion of the federal Way
Community Center benefiting senior citizens rather than for the construction costs for senior improvements
originally proposed, and forward to the full City Council for consideration at the May 17,2005 City Council
meeting, Hovey seconded. Motion passed,
Direct CUBG Entitlement Update
Ms. O'Donnell stated that staff has been working on a decision for quite some time with the Hmnan Services
Commission, the county and the cities of Renton, and Shoreline who also have the option of participating in CDBG
Consortium, or receiving the funds directly from the Federal Government. Ms. O'Donnell stated that she, and Ms.
Allen-Mpyisi have been meeting with King County, Shoreline and Renton staff to negotiate with King County on
what the future program would look like if they continued to participate in the King County CDBG Consortium as
Joint Agreement Cities. They have reached a tentative agreement to share administration of the program, and arc
working on finalizing the written form to bring forward. In the past the county set their administrative set-aside, and
Federal Way paid their pro-rata share of that. They had no control over how much the administrative eosts were.
Under the new proposal the County receives 10% of funds available for planning and administration, and is allowed
to charge project management costs to capital projects. The Joint Agreement Cities (JAC) receives 10% for planning
and administration, and agrees to take on additional responsibilities to assist with sub-regional allocations. Ms.
O'Donnell stated that staff has met with the HÙman Services Commission, the City Manager, the Director of
Community Development and Director of Finance to review the tentative agreement with King County. The
administrations recommendation is to pursue this option as a way of controlling costs and containing the risk for
future funding. There is a risk of indirect staffing costs that have been more difficult to quantify. The bottom line of
the recommendation is that we would be able to contain the cost of the program, and by implementing the program
we could get more money out to the community- The Human Services Commission meeting has been moved to May
23 to allow staff another week to work with King County to get everything in writing. If all of the details can be
worked out, they would like to bring the Interlocal Agreement to the Human Services Commission at their May
meeting.
Federal Equitable Sharinl! A!!reement Renewal
Deputy Wilson explained that this agreement is a pre-requisite for the Police Department to disburse, spend or
allocate any type of funds that come in through the Federal Government. The current agreement will expire in
September 2005. The renewal agreement will run through September 2008. Council member Ferrell moved to
recommend that the council approve the application for renewal and forward to Full Council for approval
on May 17, 2005. Dovey seconded. Motion passed,
PENDING ITEMS
Council member Ferrell asked about an incident between a pitt bull and a 70 year old man. Deputy Wilson was not
aware of the incident, but stated he would review the police report and report back. Deputy Mayor Kochmar
questioned on whether or not there should be an Ordinance regarding people owning dangerous dogs. Mr. Moseley
clarified that the animal control issue that will be on the June agenda will deal with how the City will handle animal
control and King County. It will not deal with dangerous dogs.
Council member Burbidge requested a report or update on transitional housing such as Habitat for Humanity, and
Building the Bridge. She would like to hear this report some time in the future.
ANNOUNCEMENTS -None
NEXT MEETING -- June 13,20055:30 p,m. in the Hylebos Conference Room
ADJOURNMI<.:NT - Meeting adjourned at 6:48p.m.
5.~
CITY OF FEUERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
------------
---------------------
DATE:
TO:
June 6, 2005
VIA:
FROM:
Parks, Recreation, Human Services & Public Safety Committee
David MOSe~nagcr
B Sanders, Park Planning & Developmcnt Coordinator
SUBJECT: French Lake Park-Future Plans
-------,---------- -
------------------------------------------
-------------
]Jolicy Question
What kind of development should be planned for French I Jake Park, and when should funding
and development be pursued?
Backg:round
City staff and elected officials have been contaeted by residents who are interested in seeing
French Lake Park more fully developed into a neighborhood park sooner than is identified on the
Park Capital Improvement Plan (2009-2010). At their request this item was placed on the Parks
and Recreation Commission agenda for discussion and rcvicw of the history of ownership on the
property on June 2,2005. A chronology and maps of the site arc attachcd.
Approximately 30 residents who havc been using this park as an off-leash site for dogs attcndcd
the meeting. Many spoke in favor of allowing this use, or further development of thc park that
includes an off-leash space. Several offered to establish a group that would help to stcward the
property, so that the off-leash use might bc more acceptable, and possibly reduce cost to the City.
The Friends of French Lake Park were eoncerned that having dogs off-leash was not compatible
with their vision of this space for a neighborhood park.
Staff discussed the planning process that will be starting soon for updating the six-year Parks,
Recreation and Opcn Space Plan. This is an opportunity for exploring the demand for an off-
leash facility city-wide and determining the best location for one, if sufficient demand exists.
This will also give us the opportunity to work with Lakehaven Utility Distriet to more fully
understand their future plans for their adjacent parcel. The Parks Commission liked this idea, but
still felt that we needed a more immcdiate response.
Options
I. Explore the full development potential of French Lake Park as a neighborhood parle
Evaluatc the demand for an off-leash dog facility and the suitability of French Lake Park
and other locations for this purpose during the planning process for the Parks, Rccrcation
J
f\-\
and Open Spacc Plan. Do not allow off-leash use until a conclusion is produced from the
planning effort.
2. Allow off-Icash use of French Lake Park on a trial basis during the interim whi Ie thc Park
Plan is being prepared. Toward the end of that period, and in eoneert with the Park Plan,
conduct an analysis of whether this trial has been successful, and whether the use should
be continued, diseontinued, or moved to another location.
3. Take no action at this time.
Staff recommendation
Staffreeommends Council support Option 2 and return this item to the Parks and Recreation
Commission for their input at their next meeting (August 4), since the concept of interim off-
leash use was not discussed with them. With Parks Commission support, Staff rccommcnds
placing this item before Council on August 15 or September 5,2005.
Committee recommendation
Forward option to the:
- Parks & R.ecreation Commission on August 4
---------- Full City Council for approval on August 15 or Septcmber 5, 2005.
-_..- ___0 ---
AI'I'ROV AL Olf COMMITTKE REPORT:
.-,--------------------------
Committee Chair
Committee Member
Committee Member
-- ._-----,--,-,--
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2
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Chronology of Events
French lake Park
January 15, 1991
Purchase and Agreement for Joint Ownership of Property-City of Federal Way,
Lakehaven Utility District, and the Federal Way Fire District
. Each party has right to the non-exclusive occupation and use of the entire parcel
. City owns Yz interest
. Parties agree to develop a Master Use Plan
February 26, 1991
Master Plan
. City entered into an agreement with the Beckwith Consulting Group in the amount of
$5,903 for preparation of a Master Plan. Intent of the Master Plan was to address the
future ownership and use of the entire parcel. (Note: The master plan is now largely out
of date, as it was based on the site being developed as a single property, with potential
use by the three parties.)
September 8, 1997
Letter from King County Fire Protection District No. 39
. Lakehaven Utility District is pursuing purchase of Fire District's interest in the "Golfun"
property
November 17, 1998
Agreement for Division of Real Property
. Property is divided between the City and Lakehaveninto separate parcels, each
equaling 4.68 acres
January 6, 2000
Agreement for Maintenance of Real Property- between the City and Lakehaven
. Parties will share equally the cost of maintaining the parking lot.
. Both parties are entitled to use the entire parking facility
. District agrees that portions of their property (Parcel B) may continue to be used by
the public as a park. The City agrees to perform maintenance, including mowing and
litter removal on the portion of Parcel B used as a park. Lakehaven may revoke
authority for public use of any or all of Parcel B for park purposes with 30 days notice.
~-3
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Parcel Number
Address
Zipcode
Taxpayer
0721049017
31627 1ST AV S
98003
LAKE HAVEN UTILITY DISTRICT
The information included on this map _has been compiled by King County staff from a
variety of sources and is subject to change without notice. King County makes no
representations or warranties, express or implied, as to accuracy. completeness,
timeliness, or rights to the use of such information. King County shall not be liable for any
general, special, indirect. incidental, or consequential damages including, but not limited
to, lost revenues or lost profits resulting from the use or misuse of the information
contained on this map. Any sale of this map or information on this map is prohibited
except by wrillen permission of King County."
King County I GIS Center I News I Services I Comments I Search
ßy visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the site.
The details
~-5
http://www5.metrokc.gov/parcelviewer/Print_Process.asp
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Page I of 1
5/31/2005
Page 1 of 1
Donna Hanson - French Lakc ParJ<-Tonight's meeting
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From:
To:
"Sally" <aireheclz@comcasLnet>
<j eann e. bu rbi d ge@cityoffederalw a y .com>, <j ack. dovey@cityoffcdcralway.com>,
<j im. fcrrcll@cityoffederalway.com>
6/2/2005 9:42 AM
Freneh Lake Park- Tonight's meeting
"Raj Basi" <rbasi@Suquamish.nsn.us>
Date:
Subject:
CC:
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Parks/Recreation/Human Scrviccs & Public Safety Committee Members:
We request that the attached letter be read and entered into the Park Commission meeting that is being
hcld tonight, June 2, 2005. Somc ofthe concerned users of French Lake Park will attend the meeting.
Sincerely,
Sally & Harrell Hurst
~-~
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6/2/2005
Page 1 of 1
Donna Hanson - French lake Park
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From;
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Date;
Subject;
"Linda Hickling" <hicksandhickling@peoplepc.com>
" Jeanne Burbidge" <jeanne.burbidge@cityoffederalway.com>
5/31/2005 6:55 PM
French lake Park
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Dear Ms, Burbidge:
I am a local citizen who uses French lake Park on a daily basis to exercise my dogs. French Lake
Park has been a wonderful blessing to me because of the support of other responsible dog
owners who also frequent the park: We clean up after our dogs and use the opportunity to teach
socialization to our pets. Responsible dog ownership is fostered, and useful tips and information
is shared among the owners. Most of all dogs get to hang out with their doggy friends and get
much needed exercise.
French lake Park has been an "unofficial" dog park for several years r'm told. We have been
using the park regularly for the last two years, and we go year 'round. ( Dogs need exercise in
winter as well as the really nice sunny days.) r want to request that French Lake Park be set
aside as an official off-leash park--which in my view is its highest and best use at this time.
The only other dog park in the region is the Grandview Park. For me, Grandview is not
satisfactory due to distance to travel, and it is frequented almost exclusively by owners with
large breed dogs. My dogs are small (under 20 Ibs) and we always find some other small dogs at
French lake which are suitable for our little dogs to play with.
The City of Federal Way needs at least one park where dog owners can take their dogs and not
be a disturbance to others who are wanting park use without dogs. We already have plenty of
those.
Please share my letter with other council members.
Thank you for your kind attention to this matter.
Sincerely yours,
Linda L. Hickling
10 Add FUN to your email ... CLICK HERE! I
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6/212005
TO:
Members, City of Fcderal Way Parks, Recreation, Human Services
& Public Safety Council Committee
R.esponsible Dog Owners Who Routinely Visit French Lake Park
French Lake Park Re-Designation
May 31, 2005
FROM:
RE:
DATE:
Dear Committce Mcmbcrs:
Thc undersigned residents of Federal Way have recently (yesterday) become aware that
.the City has had some eomplaints about the use of French Lake Park and is eonsidering
re-designating its use. Recognizing the City's excellent record in soliciting public input
on issues before it, we urge you to post notiee inside the park, where it will be most
effective in reaching appropriate parties, whenever the City intends to debate the future of
the Park. We further urge you to post notices early in the scoping proeess.
Rc~J2Q§ignation of French Lake Park
As the most frequent users of the park, we urge you to consider re-designating the park
an off-leash pet area. There is currently no designated off-leash park in the Federal Way
Park system. Unlike many of the other parks in the Federal Way system, French Lake
park is perfectly suited for this usc. It is completely eontained by fcncing and is one of
the smallest parks in the city system, so its designation as an off-leash area will serve
three important functions: (1) creating an off-leash park in a eity currently lacking such
parks; (2) minimizing the park area under off-leash designation, and: (3) eontinuing a
tradition of providing the park as a reereation and socialization area for rcsponsible pet
owners.
According to the City of Federal Way website, the City has 28 developed and 19 open
space parks totaling 826 acres ofland. In addition, there are nearly 3.5 miles of trails. As
mentioned above, none of the city parks or trails currently include off-leash areas where
dogs may chase frisbees or otherwise socialize with their owners or other dogs. By
contrast, the Mctropolitan area of Seattle offers its eitizens 9 separate off-leash areas. As
dog owners who use Freneh-I"ake park on a daily basis, we request that the City of
Federal Way respond to the needs of its eitizcns and designate French Lake Park an off-
leash area.
,SJçwardship
Should the City deem it necessary, we are willing to help create a stewardship program
for an off-leash area, much like Citizens for Off-Leash Areas, a non-profit eitizens group,
did when it entered a formal agreement for the same with the City of Seattle. (For more
information, please visit the Citizens for Off-Leash Areas website at www.coladoKorg).
We believe that providing an off-leash area in the Fcderal Way Park system would
eontribute to a hcalthy lifcstylc, encourage active community members, and reinforcc all
the things that make Federal Way a great community. It also would bring in people from
beyond the City's boundaries, as the park already does. Many pcoplc who have moved
{\-ß
away from Federal Way continue to usc the park because of its friendly social
atmosphere. They bring business to our community and strengthen its ties with nearby
communities.
Legacy o[Usc
As mentioned above, French Lake park has bcen used for years by responsible pet
owners. This may be due to its proximity to several major apartment complexes where
pets are not afforded the luxury of private yards. It may also be due to the fact that pet
owners have been coming here for years and the large group of pet owners who come
here daily has eonsistently expanded by word~of-mouth at Churches, businesses, and
social gatherings. We should draw the Couneil's attention to the fact that the vast
majority of current users are responsible pet owners, in full control of their pets, and
diligent about depositing their pets' feces in garbage containers provided at the entrance.
In the years we have been using the Park, we are not aware of any seriou.s incidents such
as dog bites or other injuries, either to pet or human. Owners routinely leave extra plastic
bags for other owners who may have forgotten or run short of bags to dispose of their
pets' feces. We have organized picnics and events where we canvas the park to clean it
of fecal material that others have neglected to remove. As mentioned above, we are
willing to help transform our cone em into a more formal stewardship program, should the
Council deem it advisable.
Danger/Nuisance to non Pe!::-~wners
Recent comments on thc commission's administrative record indicate eoncem over
Freneh Lake Park being used as an off-leash park. Comments indicate concems that a
person might be bitten by a dog and that any such incident might expose the city to some
sort of liability for not enforcing the leash ordinance. While the city is highly unlikely to
be the victim of such a nuisance suit, it may actually be in a better position to defcnd
itself by designating the park an off-leash area. A dog owner in Washington whose dog
bites a person "while such person is in or on a public placc...shall be liable for such
damages as may be suffered by the person bitten, regardless of the former vieiousness of
sueh dog of the owncr's knowledge of such viciousness." RCW 16.08.40. Owners are
thùs strietly liable for damage caused by their pets, and the City has an appropriate
defense.
By placing signs requiring leashes, however, the City probably does have a duty to
enforce the leash law, and thus could possibly be sued by a vietim of an aggressive dog.
A duty, after all, has much to do with the concept of foreseeability. Schneider v. Strifert,
77 Wn.App.58 (1995). By dcsignating French Lake an off-leash area, however, the City
would post signs to the effect, warning users that dogs are routinely off-leash. This could
actually minimize the City's duty to police the area by providing additional notice and
warning and, thus, reduce its exposure to lawsuits over enforcement, if, indeed, the City
Council is worried about such things.
{\~~
Prcsel1ç~_at Next Council Meeting
At least one of the undersigned residents will be present at your meeting June 2. Any
such residents will be pleased to answer questions about this letter or our frequent use of
Frcnch Lake Parle Please enter these eomments on the formal administrative record for
the June 2 meeting of the Parks, Recreation, Human Serviccs & Public Safety Couneil
Committee and add the following Email addresses to any mailing lists whieh cone ern
French Lake Park. We intend to make other users of the park aware of the Council's
consideration and expect to have more input in the coming weeks.
- Thank you for your consideration.
Sincerely,
Conccrned users of French Lake Park
NAME
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Raj Basi
Aaron Brown
Richard Doran
Janet Honan
Harrell Hurst
Sally Hurst
Dena Joziatis
Mark Joziatis
Sandra Kelly
Shaun Kclly
Kris Olsen
Davina Mackenzie
Frank Rutherford
Duncan Spence
Stephanie Spence
James Waller
Naney Chapman
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5.ß
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
--- ---------
DATE:
TO:
June 6, 2005
VIA:
FROM:
Parks, Recreation, H man Services & Public Safety Committec
David Mo' c.' t Malagcr
13 Sanders,~ par~Plannjng & Development Coordinator ~
SUBJECT: Authorizin~ Resolution for Grant for West Hylebos Boardwalk
-------------
- ---------------
----- -------- - -------------------------- ----------------------.-
Policy Question
Should the Council authorize application for a Land and Water Conservation Fund grant through
the Interageney Committee for Outdoor Recrcation (lAC) to contribute to the replacement of thc
Boardwalk at West Hylcbos Wetlands Park?
Back2:round
The Parks, Recreation and Cultural Serviees Department has completed the first of a three-step
process in applying for a grant for the replaccment of the existing boardwalk at West Hylebos
Wetlands Park. The attached Authorizing Resolution is a required part of the application.
This projcct proposes to replace the deteriorating boardwalk in thc wetlands, using longer lasting
materials. The cxisting boardwalk foundation is showing measurable detcrioration, and
continued weakening of it will rc~ult in unstable or unusable trail sections. Accessibility to
disabled users is also limitcd doc to its narrow, four foot width, and sharp turns and occasional
abrupt, steep. sections. Some of the foundation is treated with creosote, and is in direct contact
with water, which is not an environmentally desirable practice.
The project proposes to replacc the boardwalk and foundation with suitable materials that arc
more durable and can withstand frequent inundation. Thc width will be increased to meet the
guidclincs ofthe Americans with Disabilities Act (ADA). The amount being rcqucsted from
lAC is $250,000, to contribute to a total current estimated project cost of $1,176,900. This
estimate is based on early design efforts, and a long timeline for completion. It will be updatcd
as work on the project progresses. Other funds that have been identified to eontribute to this
project include $350,000 from the Washington Department of Community, Trade and Economic
Development (CTED), $77,500 from a grant through thc u.S. Representative's office (although
this may be transferred to the Mareyx I-louse), and the remainder from Real Estate Excise Tax
(REEl') or other general fund sources.
Options
'ß-\
I. Authori/',c a resolution to apply to lAC for funding assistance from the J ,and and Water
Conservation Fund in the amount of$250,000 for design and construction of the West
Hylebos Wetlands Boardwalk.
2. Do not authorize application for funding from TAC.
Staff recommendation
Staff recommends Council authorize a resolution to apply to lAC for funding assistanee and
rccommends placing this item before the full Council on June 21,2005.
CommiUec recommendation
Forward option --- to the full City Council for approval on Junc 21,2005,
AP))ROV AL OF COMMITTRR REPOJlT:
Committee Chair
Committee Member
Committcc Member
-------------~--~-----
_...~-,._-.,-,---_._-
- --._' ",-,------- ---
- "nu_'--'-'--"-- -,._----- ,
2
~-L
land and Water Conservation Fund
Authorizing Resolution
Local Agencies only-You may reproduce on your own paper; text may not change.
Organization Name
Project Name(s)
City of Federal Way
West Hvlebos Park Boardwalk Replacement
Resolution No.
A resolution authorizing application(s) for federal funding assistance for a Land and Water Conservation Fund
(LWCF) program project to the Interagency Committee for Outdoor Recreation (lAC) as provided in the LWCF Act of
1965, as amended.
WHEREAS, our organization has approved a comprehensive plan that includes this project area; and
WHEREAS, under the provisions of LWCF, federal funding assistance is requested to aid in financing the cost of land
acquisition and/or facility development; and
WHEREAS, our organization considers it in the best public interest to complete the land acquisition and/or
development project described in the application;
NOW, THEREFORE, BE IT RESOLVED, that:
1. The City Manager [MA fOR, DIRECTOR, PRESIDENT, HC ] be authorized to make formal application
to lAC for funding assistance;
2.
3.
Any fund assistance received be used for implementation of the project referenced above;
Our organization hereby certifies that its share of project funding is committed and will be derived from
City of Federal Way General Fund, Federal Grant, State Grant (CTED);
[ SPONSOR MA TCHING RESOURCES]
4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should
they not materialize; [if applicable ]
5. We acknowledge that any property acquired or facility developed with lAC financial aid must be placed in use as
an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to
by our organization, lAC, and the National Park Service;
6. This resolution becomes part of a formal application to lAC; and
7. We provided appropriate opportunity for public comment on this application
8. We acknowledge that LWCF grants are federal funds and, as such, our organization must comply with all
applicable federal laws.
This resolution was adopted by our organization during the meeting held:
Location
Federal Way, Washington
Date
June 21, 2005
Signed and approved by the following authorized representative:
Signed
Title
Attest:
City Manaqer
Date
Approved as to form
'ß.. 3
s.~
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
May 31, 2005 ~
Angelina Allen- yi i, Human Services Manager
David Mos y nager
Agreement bet en the City of Federal Way and Public Health-Seattle & King
County for the Medicaid Administrative MATCH Program
Policy Question:
Should the City of Federal Way enter into an agreement with Public Health Seattle-King County
. (PHSKC) to enable Birth to Three Developmental Center to use its Human Service General Fund award
totaling $21,000 to earn Medicaid Administrative MATCH funds through the Medicaid Administrative
MATCH Program?
Backqround:
In December 2004, Birth to Three Developmental Center (Birth to Three) approached City staff asking if
the City would allow them to use their Human Services General Fund grant award in the amount of
$21,000 as matching funds to earn Medicaid Administrative MATCH funds through the Medicaid
Administrative MATCH Program.
The Medicaid Administrative MATCH Program allows agencies like Birth to Three to enroll as providers
of Medicaid services for school-based, health-related or certain administrative services provided to
eligible families and children. Eligible activities that can be matched with federal funds are:
.
Outreach and connecting individuals to access and apply for Medicaid.
Skilled professional assessment, care planning and coordination, and anticipatory
guidance for complex health needs.
Assist individuals to obtain transportation, childcare and interpretation services.
Skilled professional medical consultation.
Interagency coordination, program planning and development, which helps improve the
effectiveness of the Medicaid health care service delivery system.
.
.
.
.
The maximum amount of federal matching funds that an agency can receive is equivalent to the amount
of non-federal funds the agency uses in the Medicaid Administrative MATCH Program. Non-federal
funds can only be used in this program. Typical sources of non-federal funds include city, county and
state revenue as well as United Way and private foundation funding.
If the City allowed Birth to Three to use its Human Service General Fund (HSGF) award our funds would
be leveraged with Medicaid Administrative MATCH funds. At the same time it allows Birth to Three to
expand and enhance its services to Medicaid-eligible clients in Federal Way.
To enable Birth to Three to use its grant award as non-federal matching funds the City has to enter into
an agreement with Public Health Seattle-King County (PHSKC). The City would send Birth to Three's
quarterly payments to PHSKC, and PHSKC would distribute the payment to Birth to Three. Examples of
donor organizations who are participating in the program include: the Bellevue School District, City of
C-\
Bellevue, City of Covington, City of Kent, the Robert Wood Johnson Foundation, Department of Health
and United Way.
Attachment I is the proposed agreement between the City of Federal Way and PHSKC, which outlines
the roles and responsibilities of the two parties.
The City will enter into a separate contract with Birth to Three referencing the proposed agreement with
PHSKC. Birth to Three will still be required to adhere to the terms, conditions and performance
requirements of their contract with the City. For example, before the City provides funds to PHSKC,
Birth to Three will still be required to submit their quarterly report and invoices for work performed to the
City. After the City reviews and approves the information, the City will provide PHSKC with the quarterly
installment of Birth to Three's Human Service General Fund award upon receipt of an invoice.
The proposed agreement with PHSKC will not take away the City's authority should Birth to Three fail to
meet its performance goals through their contact with us.
Option 1:
Recommend that the City enter into an agreement with Public Health Seattle-King County to enable Birth
to Three Development Center to use its Human Services General Fund award totaling $21,000 to earn
Medicaid Administrative MATCH funds through the Medicaid Administrative MATCH Program.
Option 2:
To not recommend the City enter into an agreement with Public Health Seattle-King County that would
enable Birth to Three Development Center to use its Human Service General Fund award in the amount
of $21,000 to earn Medicaid Administrative MATCH funds through the Medicaid Administrative MATCH
Program.
Staff .Recommendation
Staff recommends Option 1 because it allows the City to leverage its grant award with Birth to Three
Development Center and have an expanded level of services be provided to Federal Way residents.
Human Services Commission Recommendation
On May 23 the Commission approved staff's recommendation (Option 1).
Committee Recommendation
Forward option
to the full City Council and place this item on the June 21 consent agenda.
'", " " ,,' '", ,,""" ",'I,," ,'" "i", ,'," ," ' / "" "
APPROVAL o~:,~ÐM'Mirt~E,,~E~6'~tl:~\::,,:;, i,? I "i" ',,' ',:, ' ' ,::,:~'(i'¿:::'~\,:~!:,
'"," ',:':, ',' ',' """,'",,!,, "'":,',,',,, "" "'" "":.'"
Committee:êhai~ "":' ':¡ 'Con1lnitteeMe,~ber, ' . ,':C'Qmmi~ee Me~þe~" ~:.",::':
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2
C-2
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUBLIC
HEALTHøSEATTLE & KING COUNTY, RELATING TO MEDICAID
ADMINISTRATIVE MATCH
THIS AGREEMENT is made and entered into this 1 5t day of January 2005. The parties
("Parties") to this Agreement are the City of Federal Way, a State of Washington
munieipal corporation ("City") and the Seattle-King County Department of Public Health
aka Public Health-Seattle & King COWlty, a political subdivision ofthe State of
WaShington (npHSKcn).
WHEREAS, the City is entering into this agreement with PHSKC to enable Birth to
Three Development Center ("Birth to Three) to use its Human Services General Fund
award totaling $21,000 to earn Medicaid Administrative MATCH funds through the
- Medicaid Adnùnistrative MATCH Program; and
WHEREAS, the City, by entering into this agreement, will have the ability to leverage its
grant award so that more services are provided to Federal Way residents; and
NOW THEREFORE,-In consideration ofthe mutual tenus, provisions and obligations
contained herein, it is agreed by and between the City and PHSKC as follows:
1.
OBJECTIVE. This Agreement specifies administrative and fiscal procedures for
reimbursing agency partners of the City with City funds and allowable Medicaid
Administrative Match funds. The objective of the program is to maximize
funding for the City's agency partners, so these agency partners can expand
services to Medicaid-eligible clients in the Seattle-King COWlty area.
2.
TERM. The tenn of this Agreement shall commence upon the effective date of
this Agreementand shall continue for one (1) year and end on December 31,
2005, Wlless otherwise terminated pursuant to Section 3.
3.
TERMINATION. Prior to the expiration of the Tenn, either the City or PHSKC
may tenninate this Agreement upon thirty (30) days written notice to the other
Party Wlless a shorter period is mutually agreed upon the by the Parties.
4.
KEY ELEMENTS. Key elements of the operational agreement between the City
and PHSKC are as follows:
4.1 The City will provide PHSKC with funds upon receipt of quarterly invoices.
4.2 FWlds received by PHSKC will be distributed to Birth to Three
Development Center, ("Birth to Three"). Total funds received by PHSKC
for distribution to Birth to Three shall not exceed $21,000.00.
4.3 PHSKC will match the City funds with allowable Medicaid Administrative
Match dollars.
1
c...3
2005AR015
4.4 PHSKC will reimburse Birth to Three with allowable matched funds for
costs incurred to provide delegated Medicaid-related administrative
activities upon receipt and verification ofthe quarterly invoices. Copies of
these invoices will be forwarded to the City.
4.5 Unmatchable City expenses will be paid by PHSKC with City funds as
mentioned in item 4.1 above; these funds will be distributed on a quarterly
basis.
4.6 If expected reimbursement to PHSKC from the state administered Medicaid
Administrative Match program is reduced or denied, PHSKC retains the
right to recover from Birth to Three any "match" funds paid and
subsequently not recovered from the state. If the Medicaid Administrative
Match program is discontinued during the term of this agreement, PHSKC
may cease paying the "match" portion of reimbursement to Birth to Three
effective the end date of the Medicaid Administrative Match program.
4.7 PHSKC will retain 10% of the' Medicaid Administrative Match dollars
available for monthly reimbursement to Birth to Three to cover program
administrative expenses associated with the Match program.
5.
INDEMNIFICATION. Each Party shall protect, defend, indemnify and save
hannless the other Party, its officers, officials, employees and agents while acting
within the scope of their employment as such, from any and all suits, costs,
claims, actions, losses, penalties, judgments, and/or awards of damages, of
whatsoever kind arising out of, or in connection with, or incident to the goods
and/or the sewices associated with this Agreement caused by or resulting from
each Party's own negligent acts or omissions. Each Party agrees that its
obligations under this provision extend to any claim, demand, and/or cause of
action'brought by or on behalf of any of its employees, or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of each
Party's immunity under Washington's Industrial Insurance act, RCW Title 51, as
respects the other Party only, and only to the extent necessary to provide the
indemnified Party with a full and complete indemnity of claims made by the
indemnitor's employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
6.
CONTACT PERSONS. The Parties stipulate that the following persons shall be
the contact person for the City andPHSKC, respectively:
City:
PHSKC:
City Manager
City of Federal Way
P. O. Box 9718
Federal Way, VVA 98063-9718
Director
Public Health,.Seattle & King County
999 Third Avenue, Suite 1200
Seattle, W A 98104
2 c."'L1
2005ARO15
7.
ENTIRE AGREEMENT - AMENDMENTS. This printed Agreement shall
constitute the whole agreement between the Parties. There are no tenns,
obligations, covenants, or conditions other than those contained herein. Except as
otherwise provided herein, no modification or amendment of the Agreement shall
be valid or effective unless evidenced by an agreement in writing signed by both
Parties.
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY:
Public Health-Seattle & King County:
'fSI.-
Alonzo L. Plough, Ph.D., MPH, Director
David H. Moseley, City Manager
Date:
Date:
r:i~'6' 0'
ATTEST:
N. Christine Green, CMC, City Clerk
DATED:
Approved as to Fonn:
Patricia A. Richardson, City Attorney
K:\Agreements\Public Health - Seattle & King County
~-5
3
2005ARO15
5.D
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
June 6, 2005 ~
Angelina Allen-Mpyisi, Human Services Manager
Kelli O'Donnell BG Coordinator ~
David M anager
Joint Interloc Agreement Regarding the Community Development Block
Grant (CDBG) Program
Via:
Subject:
Policy Question:
Should the City of Federal Way receive funds for the Community Development Block
Grant (CDBG) program for the 2006-2008 period through the King County CDBG
Consortium or directly from the Department of Housing and Urban Development
(HUD)?
Backqround: '~
The City of Federal Way has participated in the King County CDBG Consortium
(Consortium) since 1994 through a renewing three-year joint agreement. Federal Way
joined the Consortium in 1994 because membership provided a greater amount of
CDBG funds available to Federal Way residents at a lower cost with reduced
administrative requirements. The County's cost of administering the Consortium
program rose dramatically in 2003 and continued to rise annually reducing the amount
of funds available for Federal Way's programs. The current joint agreement will expire
at the end of 2005.
The cities of Federal Way, Renton, and Shoreline have been renegotiating the terms of
the interlocal agreement to stabilize the County costs of administering the program
charged to the cities and retain as much local control as possible. A tentative
agreement has been reached with the County as outlined at the May 9,2005, Parks,
Recreation, Human Services & Public Safety Committee meeting.
. The County retains 10% of funds available for planning & administration and is
allowed to charge project management costs to capital projects up to a maximum of
2%.
. The City receives 10% of funds available for planning & administration and takes on
additional responsibilities to assist with sub-regional allocations.
. Housing Stability is funded at 5% of funds available for public services.
. Consortium-wide Housing Repair is funded at 25% of the City's entitlement.
. The City maintains autonomy in allocating remaining planning and administration,
public service and capital funds but agrees to fund no more than two local capital
projects with only one that triggers Davis-Bacon. Additional capital funds would be
allocated to projects funded by the Consortium in the sub-regional process. The City
contracts for public service projects and economic development projects and the
County contracts for all capital projects.
~-\
. The City would not take on additional administrative responsibilities for Davis Bacon.
Financial liability for unforeseen Davis-Bacon and/or relocation expenses would be
the responsibility of the applicant.
The attached draft Joint Interlocal Agreement Regarding the Community Development
Block Grant Program has incorporated the terms agreed to and is pending review by
King County and the City Attorney's Office.
Participating cities were required to notify King County and the Department of Housing
and Urban Development (HUD) on whether they would participate in an urban
consortium by May 27,2005. King County has secured an extension to August 1,
2005, for notification by cities to participate in the Consortium for the 2006-2008 for
distribution of CDBG funds. The County must also have a signed interlocal agreement
for any participating cities to forward to HUD for review by August 1. In anticipation that
the interlocal will be finalized to the City's satisfaction, Staff and the Human Services
Commission are recommending continued participation in the King County CDBG
Consortium for the 2005-2008 period.
Options:
1. Authorize the City Manager to sign an interlocal agreement regarding the
Community Development Block Grant (CDBG) Program for continued
participation in the King County CDBG Consortium for the 2005-2008 period that
incorporates the elements of the Joint Agreement Cities counter proposal to King
County outlined in thE! April 25, 2005, memorandum to the Human Services
Commission from Angelina Allen-Mpyisi.
Advantaqes:
. The proposal contains the administrative costs to Federal Way's CDBG
program that can be charged by King County.
. The proposal increases the amount of funds available for projects and
programs that benefit Federal Way from the current Consortium system.
. Federal Way retains local control of public service projects and capital
projects with some limitations.
. King County will retain responsibility to the federal government for all
activities undertaken with CDBG funds.
. King County has the staff and infrastructure in place to operate the CDBG
program and implement a variety of projects and programs.
. Federal Way has representation on the Joint Recommendation
Committee that adopts policies of the Consortium.
Disadvantaqes:
. Federal Way will be limited to one stand alone capital project per year that
triggers Davis-Bacon and other federal requirements and one additional
stand alone capital project that does not trigger Davis-Bacon and other
federal requirements. Federal Way may allocate funds to additional
regional capital projects that are funded by the Consortium.
. Federal Way's CDBG program may be impacted by policies adopted by
the Joint Recommendations Committee and changes made by the
overhaul of the CDBG Consortium.
D--2
2. Notify King County and HUD that Federal Way will no longer participate in the
King County CDBG Consortium and will receive CDBG funds as a direct
entitlement for the 2005-2008 period.
Advantaqes:
. The City has full control over Federal Way's CDBG program within the federal ,-
guidelines.
Disadvantaqes:
. Federal Way will assume responsibility to the federal government for all
activities undertaken with CDBG funds.
. The City will need to recruit and train additional staff and set up administrative
systems to administer the program including impacts on finance and legal
staff.
. Reductions to CDBG funding over the 2006-2008 period may require that the
City subsidize the program and/or reduce staff and programs.
. Projects funded would be limited by staff capacity to implement projects.
Staff Recommendation: .
Staff recommends Option 1 because it stabilizes the administrative costs charged by
the King County CDBG Consortium to Federal Way's program and provides additional
funds for programs. The impact of the federal deficit on domestic programs over the
2006,.2008 period makes it likely that federal funding of the CDBGprogramwill be
reduced. -
Commission Recommendation
The Human Services Commission moved to forward option 1 to the Parks, Recreation,
Human Services and Public Safety Committee for recommendation to the full Council at
their June 21, 2005, meeting.
Committee Recommendation
Forward option ~to the full City Council for consideration at the June 21,2005, City
Council meeting.
Please contact Angelina Allen-Mpyisi at (253) 835-2650 or Kelli O'Donnell at (253) 835-
2653 or kellio@fedway.org if you have any questions regarding this item.
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06/01/05 Draft Pending City Attorney Review & Approval of King County
JOINT INTERLOCAL AGREEMENT
REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
TillS AGREEMENT is entered into by and between King County (hereinafter the "County") and the
City of , (hereinafter the "City") said parties
to this Agreement each being a un it of general local government in the State of Washington.
WITNESSETH:
WHEREAS, the federal government, through adoption and administration of the Housing and
Community Development Act of 1974 (the "Act"), as amended, will make available to King County
Community Development Block Grant (CDBG) funds, for expenditure during the 2006-2008 funding
years; and
WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been
designated by the United States Department of Housing and Urban Development ("HUDn), as an urban
county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation
of CDBG funds based on formula, taking into consideration the social and economic characteristics of
the urban county; and
WHEREAS, the Act allows participation of units of general government within an urban county in
undertaking activities that further the goals of the CDBG program within the urban county; and
WHEREAS, uponHUD approval of the joint request and cooperation agreement; a metropolitan city
becomes a part of the urban county for purposes of program planning and implementation for the entire
period ofthe urban county qualification, and for the CDBG program, will be treated by HUD as any
other unit of general local government that is a part of the urban county.
WHEREAS, the CDBG regulations require the acceptance of the consolidated housing and community
development plan ("Consolidated Plan") by participating jurisdictions; and
WHEREAS, the County shall undertake CDBG funded activities in participating incorporated
jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other
qualifying entities to carry out such activities; and
WHEREAS, the County is responsible to the federal government for all activities undertaken with CDBG
funds and shall ensure that all CDBG assurances and certifications King County is required to submit to
HUD with the Annual Action Plan are met; and
WHEREAS, the County and the participating jurisdictions are committed to targeting CDBG funds to
ensure benefit to low- and moderate-income persons as defined by HUD; and
WHEREAS, the County and the participating jurisdictions recognize that needs of low- and moderate-
income persons may cross jurisdictional boundaries and therefore can be considered regional and sub-
regional needs as well as local needs; and
CDBG Joint Interlocal Agreement
lofll D-Lj
2006-2008
06/01/05 Draft Pending City Attorney Review & Approval of King County
WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an Annual
Action Plan to I IUD, which is a requirement to receive CD13G funds; and
WHEREAS, the purpose of this JOINT lnterlocal Agreement, entered into pursuant to and in accordance
with the State Interlocal Cooperation Act, RCW Chap. 39.34, is for planning the distribution and
administration of CDBG, HOME Investment Partnership, and other federal funds received on behalf of
the Consortium from ¡.ruD, and for execution of activities in accordance with and under authority of the
Act:
NOW, THEREFORE, IN CONSIDERA nON OF THE FOREGOING CIRCUMSTANCES AND IN
CONSTDERA nON OF TI-IE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT:
I.
II.
E.
GENERAL AGREEMENT
The County and City agree to cooperate to undertake, or assist in undertaking, activities which
further the development of viable urban communities, including the provision of decent housing
and a suitable living environment and expanding economic opportunities, principally for persons
of low- and moderate-income, through community renewal and lower income housing assistance
activities, funded from annual CDBG funds from federal Fiscal Years 2006,2007, and 2008
appropriations, from recaptured funds and from any program income generated from the
expenditure of such tùnds.
GENERAL DISTRIBUTION OF FUNDS
A.
The County will retain an amount equal to 10% of the City's Entitlementplus Program
Income each year for administration and fund management.
B.
The County will reserve an amount equal to 2% of the City's Entitlement plus Program
Income each year for eligible project management related costs for the implementation of
projects funded by the City. Following close-out of all projects for a given fund year,
any balance remaining at the completion of project management will be recaptured and
returned to the City for reallocation in the following program year while this Agreement
is in effect.
c.
Five percent of the funds available from the City's Entitlement plus Program Income
shall be retained for the Housing Stability Program, a public service activity in support of
homeless prevention and in support of the affordable housing requirements under the
implementation ofthe State Growth Management Act (RCW Chapter 36.70A).
D.
Twenty-five percent of the funds available from the City's Entitlement plus Program
Income shall be retained for the Consortium-wide Housing Repair Program. The JRC
may periodically review and recommend increases or decreases to this percentage if, in
its judgment, there has been a substantial change in the Consortium's overall funding or
in the need for housing repair that justifies an increase or decrease.
The balance of the City's Entitlement plus Program Income, along with any recaptured
funds from city-funded projects, may be allocated to projects selected by the City,
provided they are consistent with the provisions of Section III below.
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III.
IV.
F.
Entitlement amount means the amount of funds which a metropolitan city is entitled to
receive under the Entitlement Grant Program as detennined by formula set forth in
section 106 of the Act.
G.
Program income means gross income received by the City directly generated from the
use of City CDBG funds which includes income from the Housing Repair Program
projects within the City and a pro rata share of income generated from float loan activity.
Pro rata calculations will used the amount in II (F) above.
H.
Recaptured funds means a fund balance remains at the close of a project activity;
cancellation of an awarded project or a repayment of funds that is required due to:
detennination of ineligible activity by HOD; change of use from original grant award or
sale of property.
USE OF FUNDS: GENERAL PROVISIONS
A.
Funds shall be used to support the goals and objectives of the King County Consortium
Consolidated Plan.
B.
Funds shall be used in accordance with the CDBG regulations at 24 CFR 570 and all
other applicable federal regulations.
C.
The City agrees to a maximum of two new stand alone capital projects per year with a
maximum of one project that may trigger Davis Bacon annually. Capital funds not used
for these projects may be allocated to sub-regional projects by the city unless returned by
city to the subregional fund.
D.
New capital projects mean a project that requires the establishment of a new HUD IDIS
activity number as opposed to a project that exists and supplemental funding is being
a?ded to the existing project.
JOINT RECOMMENDATIONS COMMITTEE
An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established. The
JRC shall be composed of three county representative and eight city representatives.
A. Composition. The Committee shall be composed of three County representatives and
eight Cities representatives.
1. The three county representatives shall be King County Executive staff with broad
policy responsibilities and/or department directors. County representatives shall be
specified in writing, and, where possible, shall be consistently the same person from
meeting to meeting.
2. Four of the cities' representatives will be from non-entitlement consortium
cities as provided in the InterIocal Cooperation Agreement Regarding the
Community Development Block Grant Program.
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3. Two of the cities representatives shall be rotated among the CDBG "Joint
Agreement" cities of Federal Way, Shoreline and Renton.
a. For the rotating positions, each city will serve two years on and one year off.
Each city will select its representative and notify the County.
b. The chart below sets forth the rotation schedule for the two rotating city
representatives. The third city shall act as an alternate to the representative
cities:
J . tA
2006
2007
2008
om 19reement
Federal Way X X
Shoreline X X
Renton X X
c. If any city, in accordance with HUD instructions, notifies the County of its intent
to change its status at the end of the three-year qualification period and as a
result the number of CDBG "Joint Agreement" cities changes, County staff shall
initiate a timely process to revisit the cities representation on the JRc.
d. The two representatives will vote on issues affecting Joint Agreement Cities and
that are specific to this agreement
4. Two ofthe eities' representatives will be from those entitlement eities signing
HOME-only agreement .
5. The chairperson and vice-chairperson of the Committee shall be chosen from
among the members ofthe Committee by a majority vote of the members for a
term of one year beginning the first meeting of the calendar year. Attendance
of five members will eonstitute a quorum.
B. Powers and Duties. The Committee shall be empowered to:
1. Review and reeommend to the King County Executive all policy matters
eonceming the Consortium's CDBG and HOME Program, including but not
limited to the Consolidated Housing and Community Development Plan and
related plans and policies.
2. Review and recommend to the King County Executive the projects and
programs to be undertaken with the CDBG funds and HOME funds, ineluding
the administrative setaside.
3. Monitor and ensure that all geographic areas and participating jurisdictions
benefit fairly from CDBG- and HOME-funded activities over the three-year
agreement period, so far as it is feasible and within the goals and objectives of
the Consolidated Plan.
CDBG Joint lnterlocal Agreement
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v.
C. Advisory Committees toJRc. In fulfilling its duty to review and recommend projects
and programs to be undertaken with the CDBG and HOME funds, the JRC shall
consider the advice of inter-jurisdictional advisory committees. Sub-regional
advisory committees, made up of one representative from any and all participating
jurisdictions in a sub-region, shall be convened to assist in the review and
recommendation of projects and programs to be undertaken in that sub-region. The
JRC may also solieit recommendations from other inter-jurisdictional housing and
community development committees.
RESPONSIBILITIES ANI> POWERS OF KING COUNTY
A.
Notwithstanding any Other provision contained in this Agreement, the County as the
applicant and grantee for CDBG funds has responsibility for and assumes all obligations
in the execution ofthis CDBG Program, including final responsibility for selecting and
executing activities and submitting to IUJD the Consolidated Plan, Annual Action Plan,
and related plans. Nothing contained in this Agreement shall be construed as an
abdication ofthose responsibilities and obligations.
County will bear responsibility for:
I.
the HUD-related portions of program planning
2.
preparing and submitting the Annual Action Plan and application to HUD
3.
preparing and submitting amendments to the Annual Action Plan
4.
setting up the projects in the HUD IDIS system
5.
preparing and submitting all other HUD-required planning documents
(Consolidated Plan and any amendments; the Analysis ofImpediments to Fair
Housing Choice and the Fair Housing Action Plan; the Homeless Continuum of
Care Plan and the Homeless Management Information System; the Lead Paint
Hazard Reduction Plan; etc.)
B.
The Metropolitan King County Council shall have authority and responsibility for all
policy matters, including the Consolidated Plan, upon review and recommendation by the
JRe.
e.
The Metropolitan King County Council shall have authority and responsibility for all
fund allocation matters, including approval of the annual CDBG Administrative Setaside
and appropriation of all CDBG funds upon review and recommendation by the JRe.
D.
The King County Executive, as administrator of this CDBG Program, shall have
authority and responsibility for all administrative requirements for which the County is
responsible to the federal government.
E.
The King County Executive shall have authority and responsibility for all fund control
and disbursements.
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VI.
F.
The King County Executive shall have the authority and responsibility to staff the JRC
and provide liaison between HUD and the Urban County Consortium. County Executive
staff shall prepare and present to the IRC evaluation reports or recommendations
conceming specific proposals or policies, and any other material deemed necessary by
the JRC to help it fulfill its powers and duties.
G.
County Executive staff shall have the authority and responsibility to communicate and
consult with Joint Agreement City on CDBG policy and program matters in a timely
manner.
H.
King County Executive staff shall provide periodic reports on clients served by
jurisdictions in the Housing Stability and Housing Repair programs and on the status of
CDBG-funded projects and make them available to all participating jurisdictions and the
IRe.
I.
King County Executive staff shall administer contracts and provide technical assistance,
both in the development of viable CDBG proposals and in complying with CDBG
contractual requirements.
J,
King County Executive Staff shall have environmental review responsibility for purposes
offulfilling requirements of the National Environmental Policy Act, under which King
County may require the local incorporated jurisdiction or contractor to fumish data,
information, and assistance for the County's review and assessment in determining
whether King County must prepare an Environmental Impact Statement. Additional
environmental review costs may be charged directly to individual project activity and
will be addressed in the proposed project application.
K.
King County Executive Staff shall implement City funded capital projects, except City
administered projects as noted below.
RESPONSIBILITIES OF THE JOINT AGREEMENT CITY
A.
City shall cooperate in the development of the Consolidated Housing and Community
Development Plan and related plans.
B.
City shall assign a staff person to be the primary contact for the County on
CDBG/HOME issues. The assigned CDBG/HOME contact person is responsible for
communicating relevant information to others at the city.
C.
The City will bear all responsibility for local annual program planning, using financial
projections that will be provided by the county.
The City will ensure:
1.
that all selected projects (1) are an eligible activity, (2) meet a national objective,
(3) are consistent with the Consolidated Plan and all applicable JRC policies,
2.
that the public participation requirements are met and documented and will
provide certification of such to the County,
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3.
that all requested information by the County will be submitted in a timely
manner that allows the County enough time to meet HUD timelines, and
4.
changes to the local program that require the County to amend budget amounts
and/or submit an amendment to the Annual Action Plan after it has been
submitted to HOD will only be accepted November through June. Budget
amendments received by the 5th day of the month will be effective on the 1 st day
of the next month.
0,
The Joint Agreement city owning community facilities or other real property acquired or
improved in whole or in part with CDBG funds shall comply with use restrictions as
required by HOD and as required by any relevant policies adopted by the JRC.
1.
During the period of the use restriction, the City shall notify the County prior to
any modification or change in the use of real property acquired or improved in
whole or in part with CDBG fìmds. This includes any modification or change in
use from that planned at the time of the acquisition or improvement, including
disposition.
2.
During the period of the use restriction, if the City property acquired or
improved with CDBG funds is sold or transferred for a use which does not
qualify under the CDBG regulations, the City shall reimburse the County in an
amount equal to the current fair market value (less any portion thereof
attributable to expenditures of non~CDBG funds).
3.
The City.will assure County receipt of all required security documents related to
funded capital project activities (this includes non-profit agencies which have
been awarded funds) prior to the execution of a contract between the awarded
agency and the County in order to incorporate said documents into the
contractual agreement.
E.
City staff shall implement CDBG-funded projects within the program year and submit
both vouchers and required reports to the County in a complete and timely manner.
F.
City legislative bodies shall approve or disapprove via motion or resolution all CDBG
activities, locations, and allocations submitted by Joint Agreement City staff.
G.
City will be responsible for subcontracting with third parties for services provided by a
Community Based Development Organization for employee development services; and
for public service and city managed projects, except for labor standards and relocation
where responsibility will be shared with the County (see below). If federal requirements
have an unforeseen budget implication (for example, jfthe city has not foreseen the need
for relocation) the City will be responsible for the increased budget.
H.
City shall fulfill to the County's reasonable satisfaction all relevant requirements of
federal laws and regulations that apply to King County as applicant, including assurances
and certifications described below.
I.
City certifies that it has adopted and is enforcing:
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L.
M.
N.
I.
a policy that prohibits the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non~violent civil rights
demonstrations; and
2.
a policy that enforces applicable state and local laws against physically barring
entrance to or exit from a facility or location which is the subject of non-violent
civil rights demonstrations within jurisdiction.
Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to
subrecipients when they receive CDBG funds to implement an activity. The applicable
requirements include, but are not limited to, a written agreement with the County that
complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work;
records and reports; program income; unifonn administrative items; other program
requirements; conditions for religious organizations; suspension and tennination; and
reversion of assets.
City understands that it may not apply for CDBG grant entitlement funds from HUD for
the period of participation in this Agreement.
The Joint Agreement City in its participation in the CDBG urban county consortium
through this iO:teflocal agreement understands that it is also part of the urban county for
the HOME program and may participate in a HOME program only through the CDBG
urban county.' .
,;
'-..
Joint Agreement City undertaking activities and/or projects with CDBG funds distributed.
under this Agreement shall retain full civil and criminal liability as though these funds
were locally gei).erated.
Joint Agreement City retains responsibility in fulfilling the requirements of the State
Environmental Policy Act under which King County has review responsibility only.
VII.
SHARED RESPONSIBILITY
A.
Federal Labor Standards:
1.
County will determine appropriate wage rates for inclusion in the construction
bids and contracts, and hold preconstruction conferences with contractors, which
city staff will also be required to attend.
2.
County will be responsible for reviewing and approving weekly certified
contractor payrolls (wage rates, benefits, proper apprentice-journey ratios, etc.
County will complete a review of initial payrolls submitted to County Staff
within 10 working business days of receipt from the contractor or city before
payment will be made by the contracting agency.
3.
County will enforce contractor compliance with federal labor standards if the
City waits to pay first and last construction draws until after the County approves
the certified payrolls. If City pays before the County approves, City will be
responsible for any compliance problems.
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B.
c.
4.
County will be responsible for submitting information for the semi-annual
contractor/subcontractor report and the Section 3 report to HOD
5.
County will provide technical assistance to identify Davis-Bacon issues during
the application process.
6.
County will handle non~compliance issues provided the above requirements are
met.
Uniform Relocation ActlBamcy Frank:
1.
City/Agency is responsible for identifying proposed projects that may trigger
relocation and replacement housing requirements, and for budgeting sufficient
funds in the project up front to address these issues.
2.
County will provide advice and technical assistance if consulted ahead of time
and will handle any necessary relocation processes.
FinanciallFund Management:
County will be responsible for contracting with HUD for the grant funds; recording and
tracktngloan repayments and other program income; detennining funds available under
the caps; setting up and drawing down from IDIS; paying vouchers submitted by the city;
doing budget revisions upon amendment; reconciling balances, program income, and
, fundS available for carryover or reallocation at year's end; tracking overall expenditure
rate; financial reporting to 000, etc.
D.
E.
Reporting:
1.
City will report accomplishments on each of their public service and stand alone
projects.
2.
County will prepare all reports to HOD: CAPER; semi-annual reports on
contracting/subcontracting, Section 3, and labor standards; quarterly Federal
Cash Transaction Reports.
3.
County will report quarterly on capital project status and on housing repair
activity. The Housing Stability program report will continue to be submitted
annually with updates provided on the geographic location of clients served. ..
Monitoring:
1.
City will annually monitor the agencies with which it subcontracts to ensure
compliance with all federal, state and county requirements associated with
CDBG funding with an on-site monitoring visit not less than every two years.
2.
County will monitor the City (and may monitor selected subcontracting
agencies).
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VIII.
E.
F.
3.
County staff will meet with City staff quarterly to monitor, provide technical
assistance, and discuss capital project status.
4.
County will be monitored by HUD, the State Auditor, and by the HUD Inspector
General.
F.
City will provide the County all infonnation necessary from its application process for
contracting and implementation purposes for all other stand alone capital projects
G.
City staff shall participate in other Consortium-wide planning activities envisioned in the
Consolidated Plan such as the HOME Working Group, monitoring the Housing Stability
Program, THOR funding, and other subregional processes.
GENERAL TERMS
A.
This Agreement shall extend through the 2006, 2007, and 2008 program years, and shall
remain in effect until the CDBG funds and program income received with respect to
activities carried out during the three-year qualification period are expended and the
funded activities completed. This Agreement shall be automatically renewed for
participation in successive three-year qualification periods, unless the County or the City
provides written notice that it wishes to amend this agreement or elects not to participate
in the new qualification period by the date set forth by the United States Department of
Housing and Urban Development in subsequent Urban County Qualification Notices.
The County, as the official applicant, shall have the authority and responsiþility to ensure
that any property acquired or assisted with CDBG funds is disposed of or used in ,;
accordance with federal regulations.
"
B.
Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included
unit of general local government may tenninate or withdraw from the cooperation
agreement while it remains in effect.
c.
It is understood that by signing this Agreement, the City shall accept and agree to comply
with the policies and implementation of the King County Consortium Consolidated Plan.
D.
Parties to this Agreement must take all required actions necessary to assure compliance
with King County's certification required by Section I 04(b) of Title I of the Housing and
Community Development Act of 1974, as amended, including Title VI of the Civil
Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act as amended,
Section 109 of Title I of the Housing and Community Development Act of 1974, as
amended, the Americans with Disabilities Act of 1990, and other applicable laws.
City agrees to affinnatively further fair housing and will ensure that no CDBG funds
shall be expended for activities that do not affinnatively further fair housing within its
jurisdiction or that impedes the County's actions to comply with its fair housing
certification.
Parties to this Agreement agree to negotiate in good faith any issues that may arise that
are not specifically addressed by this Agreement. (We never did get to the language in
general provisions that addressed things like what happens to recaptured if a city leaves
the consortium).
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G.
It is recognized that amendment to the provisions of this Agreement may be appropriate,
and such amendment shall take place when the parties to this Agreement have executed a
written amendment to this Agreement. The City and the County also agree to adopt any
amendments to the Agreement incorporating changes necessary to meet the requirements
for cooperation agreements set forth in an Urban County Qualification Notice applicable
for a subsequent three-year qualification period, and to submit such amendment to the
United States Department of Housing and Urban Development. Failure to adopt such
required amendment shall void the automatic renewal of the Agreement for the
subsequent qualification period.
KING COUNTY, WASHINGTON
CITY OF
for King County Executive
By: Signature
Jackie MacLean
Printed Name
Printed Name
Director, Department of Community and
Human' Services
Title' .
,.'
Title
Date
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Approved as to Form:
CITY OF
Michael Sinsky, King County Senior Deputy
Prosecuting Attorney
,City Attorney
ATTEST:
CITY OF
, City Clerk
CDBG Joint Intcrlocal Agreement
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2006w2008
CITY OF FEDERAL WAY
MEMORANDUM
-.--.. -..------.----.... . -----.----.-...--
....-.----.-.-.--.
DATE:
TO:
June 13th, 2005
VIA:
FROM:
David
anager
KUli Reuter, I
Steel Lake Park Concession Bid Award
SUBJECT:
l'olicv Ouesti()l1
5.£:
.-...m_.._.____m__.___--.-.-. ..-
m_......_- ---.---------
Should the City Council authorize the Parks, Recreation and Cultural Services Department to enter in to an
"Agreement For Park Concessionaire Services" with the selected firm for the 2005 summer season at Steel
Lake Park?
Backgr9LJnd
A "Request For Proposals" was put out to the public for concessionaire services at Steel Lake Park on June 4,
2005. Staff evaluated those proposals on June loth, based on the criteria documented in the "Request For
Proposals". A copy is attached for your reference. Due to the short time frame, staff was not able to identify
the preferred vendor prior to the mailing of the meeting packets. The recommended vendor will be identified
and provided to the committee at the meeting on June 13(h.
Qptions
Positives
1. Approve selected firm and
award a concessionaire contract
for the 2005 season.
. Allows for provision of
concessionaire services for this
season.
. Provides park patrons with
concession services.
. Produces revenue to meet
budget expectations.
2. Do not approve selected firm
and award a concessionaire
contract for the 2005 season.
. No additional garbage and litter
are generated.
. Staff work load is reduced.
Staff reconlrnend¡:¡t.Üm
Negatives
. Generates additional garbage
and increases staff work load to
address this issue.
. Does not produce revenue to
meet budget expectations.
. Does not provide park patrons
with concession services.
Authorize the City Manager to enter in to an "Agreement For Park Concessionaire Services" with the
sclcctcd firm for the 2005 summer season at Steel Lake Park. (Option I)
E -\
COJl1mÎJtee recommendation
l,'orward option - to the full City Council for approval.
Al'l'ROV AL OF COMMITTEE REPORT:
--,-------
Committee Chair
Comm ittee Member
Committee Member
2
£-2
III.
CITY OF FEDERAL WAY
REQUEST FOR PROPOSAL
I.
PURPOSE OF REQUEST.
The City of Federal Way ("City") is requesting proposals for the purpose ofproviding
Food Concessions at the Steel Lake Park Beach Facility. Thc City's needs are outlined in
the folJowing Request for Proposal ("RFP").
II.
TIME SCHEDULE.
The City wilJ folJow the following timetable, which should result in a selection of a firm
by Friday, June 10,2005.
Issue RFP
Mandatory Tour of Facilities (11 :OOam)
Deadline for Submittal of Proposals (3:00pm)
Preliminary Selection of Firm
Notify Firm Chosen
June 4,2005
June 8,2005
June 10,2005
Junc 10,2005
June 13, 2005
Proposers arc rcquired to tour the concession facilities identifíed in this proposal.
Please meet in the parking lot of Steel Lake Park, 2410 South 312th, Federal Way,
Washington, on Wednesday, June 8, 2005, at II :00 a.m.
INSTRUCTIONS TO PROPOSERS.
A. All proposals should be sent to:
Jeri-Lynn Clark
Purchasing Coordinator
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, W A 98063-9718
(253) 835-2526
B. All proposals must be in a seal cd envelope and clearly marked in the lower len-hand
corner: "RFP - PARK FOOD CONCESSJONS - STEEL LAKE PARK"
C. All proposals must be received by 3:00p.m., Friday, June 10, 2005, at which time
they will be opened. Three (3) copies of the RFP must be presented. No faxed or
telephone proposals wi II be accepted.
- I -
1:..3
D. Proposals should be prepared simply and economically, providing a straight forward,
coneise description of provider capabilities to satisfy the requirements of the request.
Special bindings, colored displays, promotional materials, etc. are not desired.
Emphasis should be on completcncss and clarity of content. Use of recycled paper
for requests and any printed or photocopied material created pursuant to a contract
with the City is desirable whenever practicable. Use of both sides of paper sheets for
any submittals to the City is desirable whenever practicable.
E. Kurt Reuter, Park Operations Superintendent or rcprcsentativc will notify the finTI
selectcd by Monday, June 13, 2005.
F. All proposals must include the following information:
1.
The namcs of individuals from those firms who will be working on the
project and their areas ofresponsibility.
2.
A narrative background of proposer's ability and experience in providing
concessIOns.
3.
A proposed budget based on the above outline of tasks, products and
schedules.
4.
A minimum of three references indieating reeent experience pertaining to
concessions; references to include company name, contact person and
telephone number.
5.
An explanation of any temporary site improvements the proposer will
make based on a one-year contract.
6.
A list and explanation of the equipment proposer will bc providing at each
sitc as well as proposed menu for each location and prices for eoncession
items.
7.
A short narrative of how thc proposer intends to comply with the
requirements set forth in Section 1 of thc attached proposed eontraet
including, but not limited to, a list of equipment to be installed at each site
and a description of cmployee training program.
8.
An explanation of routine cleaning and preventative maintenance
schedules intended to assure an attractive appearance for vending
equipment and prevent operating problems.
9.
Proposer is required to submit Attachmcnt A "Acknowledgment" along
with the proposal.
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E -l{
IV.
v.
SELECTION CRITERIA.
The ultimatc objeetive of this RFP is to provide dependable services with a
reasonable percentage paid to the City of Federal Way Parks, Reereation and Cultural
Services Department. Accordingly, the successful proposer will be selected by the
City aftcr evaluation of the following RFP clements:
1.
Sale Prjçe of Produç!â 25%
Competitiveness of pricing for food and beverages.
2.
Q!HI.JÜy-ofProducts_~l1çtService 20%
Quality of food and beverages offered and the firm's cleaning,
maintenance, repair and employee training capabilities.
3.
R~pcricnce/Referençq; 25%
Past expericnce/performance on similar contracts with other public
or private entities, Provide rcfcrences and documentation of prior
performance.
4.
COn1R_(~:J1§ation 30%
Competitiveness of the percentage of gross revenue paid to thc
City as proposcd. (Minimum 10% must be offered to City,)
Total Criteria Weight 100%
TERMS ANn CONDITIONS.
A. The City reserves the right to reject any and all proposals, and to waive minor
irregularities in any proposal.
B. The City reserves the right to request clarification of information submitted, and to
request additional infol1l1ation from any proposer.
C. The City rescrvcs the right to award any eon tract to the next most qualified
contractor, if the successful contractor docs not execute a contract within thirty (30)
days after the award of the proposal.
D. Any proposal may be withdrawn up until the date and time set above for opening of
the proposals. Any proposal not so timely withdrawn shall eonstitute an irrevocable
offcr, for a period of ninety (90) days to sell to the City, the services described in the
attached specifications, or until one or more of the proposals have been approved by
the City administration, whichever occurs first.
- 3-
Ë-S
VI.
VII.
E. The contract rcsulting from acceptance ofa proposal by the city shall be in thc form
attached, and shall reflect the specifications in this RFP. The City reserves the right
to reject any proposed agrecment or contract that does not con[om1 to thc
specifications contained in this RFP, and which is not approved by the City
Attorney's office.
F. The City shall not bc responsible for any costs incurred by the firm in preparing,
submitting or presenting its response to the RFP.
SCOPE OF SERVICES.
The proposer shall provide scrvices of the highest quality and dependability, as more
specifically set forth in the attached proposed contract, during the days and hours
listed below:
SteeJJJ~I(ep_a..rk Beach Facility
2410 South 312th Street, Federal Way, Washington
June 25, 2005 to Septcmber 5,2005 (Dates arc Negotiable)
Only required to be opcn during Lifeguarded Beach hours, which occur Monday through
Thursday, I :00 p.m. to 6:00 p.m., Friday, I :OOp.m. to 8:00p,m., Saturday and Sunday,
II :OOa.m. to 8:00p.m., or as weather and park patronage dictate.
COMPENSATION.
A. Please present detailed information on the firm's proposed fee schedule for the
specifications proposed and for any variation for non~routine scrvices, inclusive of
Washington statc sales tax and any other applicable governmental charges. In
addition, please providc a statement outlining how concessionaire will document and
report revenues and cxpenditures. Please detail the percentage ofgross revenue to be
paid to the City, which shall be a minimum amount of I 0%. Please providc specifics
as to definitions of routine versus non-routines tasks, what is fixed as opposed to
variable, and how costs are adjusted according to that classification,
B.
In the event of a contract award, proposers shall be required to submit an itemized
statement in the form specified by the City and approved by the appropriatc City
representative, whieh shall specifically set forth the services performed, and the
gross monthly revenue. (The term "Gross Monthly Revenue" shall mean the total
amount charged by Concessionaire, its employees, agents, or licensees, for all
goods and merchandise sold or services performed, whether for cash or other
consideration or on credit, and regardless of collections, including but not limited
to orders taken at the Concession Stand but filled elsewhere and orders taken
elsewhere but filled at the Concession Stands.)
c.
Leaschold excise tax payment (current rate 12.84(1'0).
~ 4 -
E-~
YIlL
l'UBLICA TION.
Name of Publication:
-------
-_..---.-----
Attachments:
Dates:
A.
Acknowledgment
B.
Draft Contract for Agreement (may vary depending upon
final contract award)
c.
Park Rules and Regulations
- 5-
E-,
Proposer:
Signature
Name
Company
_._.m.....---
Address
Phone
ATTACHMENT A
ACKNOWLEDGMENT OF CERTAIN CONDITIONS
OF PARK FOOD CONCESSIONS RFP
In thc event of a successful award of contract, proposer acknowledges that:
1.
He/She will be able to comply with the insurance provisions of the Federal Way
Park Food Concessionaire Contract, and to timely provide a certificate of
msurancc.
2.
He/She will have in his/her possession or will obtain prior to contract
commeneement a valid City of Federal Way business registration as well as all
other required permit or licenses required by the State of Washington, King
county or any other lawful authority.
--
Datc
n..___.-----.-.- ..
....---------. .-.
- 6-
1:-8
5.F
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
June 7, 2005
Parks, Recreation, Human Services and Public Safety Committee
David H. M~anager
Iwen Wang, Man¥g~~ent Services Director .::r::-vJ
Animal Control Discussion
The purpose of this memorandum is to provide you history and background information about the
City's Animal Control Services to facilitate the Committee discussion on this topic. Upon completion of
the discussion, Council can direct staff to pursue any desired avenues and bring options back for future
deliberation.
I.
BackQround:
Thirty-three of the thirty-eight cities in King County contract with King County Animal Control
(KCAC) to enforce their animal control codes. Seattle, Renton, Des Moines/Normandy Park Ooint
service), and Medina are the only King County cities that offer their own animal control services.
The City of Federal Way entered into a standard Interlocal Agreement (AG #90-19, the
"Agreement") with King County in 1990, which provides that King County is the designated Animal
Control Authority who will issue and receive all animal license fees generated in Federal Way and
will provide the same level of animal control services that are provided throughout King County.
The Agreement also requires the city to adopt animal control codes that are substantially the
same as that of King County.
The Interlocal Agreement for animal control code enforcement delegates the power to enforce the
city animal control codes to King County, but does not divest the city's authority to issue a notice
of violation and court citations for any alleged violations.
II.
City Code:
The city adopted animal control codes that parallel King County's per the Agreement. Generally,
ìt:
A. Defines a "dangerous dog" as a dog that according to the records of the appropriate
authority that:
. has inflicted severe injury on a human being without provocation on public or private
property;
. has killed a domestic animal without provocation while off the owner's property; or
. has been previously found to be potentially dangerous; and
. The owner having received notice of such behavior and the dog again aggressively
bites, attacks, or endangers the safety of humans or domestic animals.
A dangerous animal may be kept if the owner registers the animal as required by the Rcw
16.08.080 and acquires proper liability insurance. A dangerous animal must be muzzled
and restrained when outside a proper enclosure as defined in RCW 16.08,070.
B. Defines "vicious" to mean the act of, or the propensity to do any act, endangering the
safety of any person, animal, or property of another; including, but not limited to, biting a
human being, an attack on human beings or domesticated animals without provocation,
"Ianum! controLdoc
F.. \
An animal declared vicious by the Animal Control Director of animal control may be kept in
the city upon compliance with requirements prescribed by the Director. Requirements may
include but are not limited to:
. Erect adequate fencing;
. Construct a run within which animal is to be kept;
. Keep the animal on leash with adequate control;
. Keep the animal indoors at all times, except when personally controlled by a competent
person of at least 15 years of age;
. Removal of the animal from the city within 48 hours.
C. Defines "public nuisance" to include common law definition, or animals are:
. running at large;
. present inside a food establishment;
. female dogs in heat;
. chasing vehicles;
. growling, jumping, etc.;
. vicious;
. noisy;
. trespassing on private/public property;
. with a contagious disease;
. Running in packs.
To abate/remove a public nuisance other than a dangerous or vicious dog, Animal Control
needs to have issued 3 notices of orders of violation to an owner 3 times in any 1 year
period, following specific notice service requirements.
D. Violators subject to both civil and criminal penalties.
E. Appeal: Owner may appeal enforcement actions/notices to KC Board of Appeals within 20
days form receiving a notice.
III.
King County Animal Control System:
The System covers over 2,200 sq miles that houses around 671,000 dwelling units with an
estimated1 cat and dog population of 759,363 in 2004, of which 138,796 are licensed.
A citizen with animal control issues is encouraged to call KCAC directly. If 911 are called, they
will be referred to KCAC. KCAC handled a total of 29,172 calls for services in 2004. This is 47%
more than the 19,809 in 2002. A substantial part of this change is resulted from changing call
tracking system. As illustrated by Federal Way's call statistics2, the total calls tracked increased
from 1421 in 2002 to 2179 in 2004 or an increase over 53% but calls other than those
"information only" increased form 1,136 to 1,222 or 7.5%. Based on the city's 911 records, there
were 247 animal control related calls in 2002 and 338 in 2004, or 37% increase. The number of
licensed pets actually deceased from 8,871 to 7,716 during the same period.
Because the King County is providing the same services countywide, the level of service
performed within any local jurisdiction is often very limited. Various complaints and issues related
to animal control services have surfaced over the past 15 years. Each time the city addresses
these issues with KCAC, we received good cooperation from the management/office staff, but
have had limited successes in improving filed services. During one of our prior discussions,
KCAC stated they could provide an "enhanced" level of service, similar to what Tukwila is
receiving, at $60/hour. Under the Enhanced Service Agreement, KCAC agreed to provide
dedicated staff for the hours contracted within the jurisdiction.
1 Per American Veterinary Medical Association, dog population = number of household x 0.534; and cat population = number
of household x 0.598.
7 We only have the calls by jurisdiction, not by call-type for countywide statistics.
¡:\animal control.doc
F-Z
In the most recent contact in preparation for this meeting, KCAC has indicated that they would
provide special code enforcements (e.g. leash law enforcement) at no additional cost to the city.
They have received the same request from other cities and are working with them to establish
specific procedures. If desired, staff will follow up with KCAC to coordinate special code
enforcement efforts.
IV. Federal Way Statistics:
The following table shows the breakdown of licenses by type from 2002 to 2004. The license
numbers are higher in 2002 and 2003 as a result of a door-to-door canvassing program
conducted by KCAC. Based on the current license fee schedule, the number of licenses would
have generated $179k in revenues in 2002, $176k in 2003, and $145k in 2004.
License 2004 2003 2002
Type Dog Cat Total Lic Dog Cat Total Lic Dog Cat Total Lic
Altered 3,457 2,579 6,036 3.963 3.164 7,127 4,151 3,116 7,267
Unaltered 369 15 384 464 39 503 460 40 500
Juvenile 71 71 142 110 79 189 97 84 181
Senior New 25 31 56 81 82 163 85 77 162
Free License:
Senior Renew 596 479 1,075 514 385 899 432 314 746
Service 21 2 23 15 1 16 13 2 15
Total 4,539 3,177 7,716 5,147 3,750 8,897 5,238 3,633 8,871
Call for Services 1,222 1,184 1.136
IncludinQ Info only Calls 2,179 1,779 1,421
v.
Cost Estimates for SettinQ Up/Operatinq our own Animal Control:
Based on the estimated animal population, number of field service calls, staff believes a 2-person
field operation is needed to provide proper coverage and minimize impact on essential public
safety operations. The preliminary cost estimate for a 2-person animal control program is outlined
below.
Startup/Capital Costs - $100.000
One animal control truck with compartments ($40k); computer, software, and training for license
registration and violation tracking ($30k); four 800 MHz radios ($10k); recruiting and training
($10k); cages, traps. and field operation supplies ($5k); initial supply of tags, forms, and supplies:
($5k). This is a total of approximately $1O0k.
Projected Annual Operation Costs: $250,000 per year
v" 2 animal control officers, plus uniforms, training, small equipment, and supply costs: $130,000
v" 1 license clerk, plus ongoing office supplies (license form, tags, postage): $55,000
v" Animal shelter contract: $25,000
v" Administrative hearing costs (assume $500/hearing, 6 hearings per year): $3,000
v" 911 costs (assume 1,200 field service calls go to 911) $20,000
v" Equipment: Special vehicle with cages, traps, radio, cell phone, laptop computer, temporary
holding cages/facility, annual M&O and replacement $15,000
Not included in the $250,000 estimate above are other "optional services" currently provided by
King County: spaying/neutering vouchers, microchip 10 implant, door-ta-door license canvassing,
and public education.
Based on the cost and 2004 license counts, a break-even operation will require the city to raise
fees by 72.5%.
f-3
¡\animal control.doc
i:\anirnal controLdoc
Attachment I
Federal Way Calls for Service History
Type of Calls 2004 2003 2002
10043 Exotic Animal 2 1 3
10044 Trap Request 1 4 7
10045 Police Impound Asst 36 30 22
10046 Illegal Kennel/Hobby Kennel 1 2
10047 Cruelty 73 61 49
10048 Vicious 130 78 95
10049 Stray Dog Confined 154 170 119
10050 Stray Cat Confined 148 149 123
10051 Owners Dog Confined 14 25 18
10052 Owners Cat Confined 6 15 4
10054 DOA Dog 36 48 55
10055 DOA Cat 58 64 74
10056 Animal bite 32 33 21
10057 Female in Season 1
10058 Barking Dog 23 18 12
10059 Patrol Request 216 247 261
10060 Trespass 102 67 76
10061 Injured Animal 63 56 64
10063 Leash Law Violation 3 1 2
10064 Loose livestock 1 3
10065 DOA Wildlife/Livestock 1 2 1
10450 Stray ~ Other animal eonfined 16 6 13
10458 Barking Dog petition 77 84 72
10465 DOA other smaJ/ animal 30 20 43
-
Total Services Calls 1222 1184 1136
10062 Pet license Sale Request 5 8 7
10777 Enhanced Services - Tukwila 0 0 1
10999 Infòrmation only call * 952 587 277
Other Calls 957 595 285
Total All Calls 2179 1779 1421
* According to KCAC, the increase in information only calls is due to
Better tracking of calls in recent years.
~-y
Attachment 2
I.
Current License Fees
r-IYP~'." - Ç2!D.r!!~Q_!~---
"AI,IYE,'!llile.
i Altered
¡-----.... ...
I Unaltered
[___m____.. .
¡ Senior
I
I
.t,!llqE:!r§._'!I21l!h~ of age; 6 months e)(pir?ti21l__-
- .. iPr22trE,'!ql,li!"E:!9_-
....;JI}~h~_Q~~- $~~Y.()_lJgbE:!r_!c.)r savings ()1l!5E?Y!.rIE,'!l,I!~r-
. Proof that pet is altered and proof that owner is 65
years of age or older is required. License is good for
__lifE:!2f.PE:!t~J"Iæi!E:!qt2thr(:1E,'!..p(:1r.h()l,IsE:!h2Icf, ....
¡ Statement that owner has disability and animal is a
.. service animal.
.....j.................-...........---...-----.-...---
I-n----__--.-. ...
Service Animal
l_._...-.-...-
II.
Penalties shall be assessed:
1 . Dog leash law violations
a. First notice $25.00
b. Successive violations within one year $50.00
2. Civil penalties maximum $1,000.00
3. Animal abandonment $500.00
r-5
¡:\animal conlrol.doc
I Cost
$5
$20
-.$§O.
: Dog $20
I Cat $12
. $0
SICA
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
June 13, 2005
TO:
Parks, Recreation, Human Serviees and Public Safety Committee
David H. M~nager
Anne E. Ki~kpatriK ~hief ~fPolice (} {" (' ;
Infonnation Only - Pocket Bikes/Mini-motorcycles
VIA:
FROM:
SUBJECT:
Policy Issue
Are the traffic laws enacted by the City of Federal Way sufficient to deal with mini-
motorcycle/pocket bikes, and, if so, how should they be enforced?
Background
The City of Federal Way, through Federal Way City Code (FWCC) Section 15-1, has
adopted the Washington Model Traffic Ordinance, Chapter 308-330 WAC, which, in
turn, has adopted by reference the Washington State traffic code. All of the sections of
the Revised Code of Washington (RCW) discussed below have been adopted by the City.
Pocket bikes, poeket rockets, and other similar type of mini motorcycles are small (most
measure only 12 to 18 inches in overall height), fast, and manufactured primarily as a
racing bike and intended for off-road use only. Pocket bikes meet the definition of a
motorcycle as outlined in RCW 46.04.330 which states in part, ""Motorcycle" means a
motor vehicle designed to travel on not more than three wheels in contact with the
ground, on which the driver rides astride the motor unit or power train and is designed to
be steered with a handle bar, . . ." However, pocket bikes do not meet many of the
equipment requirements for motorcycles that may be legally operated on roadways. These
requirements are outlined in statutes and include: a minimum wheel base of three feet six
inehes (RCW 46.44.050); minimum headlamp height of24 inches (RCW 46.37.523);
minimum tail lamp height of 15 inehes (RCW 46.37.525); two mirrors (RCW 46.37.400);
pneumatic mbber tires (RCW 46.37.420); and others. Additionally, pocket bikes are not
manufactured with a confonning 17-digit vehicle identification number (VIN), indicating
the manufacturer did not meet Federal Motor Vehicle Safety Standards (FMVSS), which
are required for motor vehicles of any class to be operated on public roads. Operators of
motor-driven cycles or motorcycles must also have a valid driver's license, a motoreycle
endorsement, and must wear a helmet.
~,\
Under RCW 46.20.024, it is a misdemeanor for any person to cause or knowingly pern1Ìt
a child, who is under the age of eighteen, to drive a motor vehicle on any highway
without the State's authorization.
Under RCW 46.09.120(£), it is a traffic infraction for any person to operate any
nonhighway vehicle on lands not owned by the operator or owner of the nonhighway
vehicle, A nonhighway vehicle is defined by RCW 46.09.020(10) as "any motorized
vehicle... when used for recreational purposes on nonhighway roads, trails, or a variety of
other natural terrain." As discussed above, a pocket bike or mini-motoreycle is not legal
on public roads. Therefore, the only areas where these mini-motorcycles would be
pennitted is on private property. As a result, a pocket bike would meet the definition of a
nonhighway vehicle for purposes ofRCW 46.09.020(10), and any rider found operating
one in the streets or along the sidewalks wi thin the City of Federal Way eould be issued
an infraction pursuant to RCW 46.09. 120(£).
Currently, the City of Federal Way Department of Public Safety is issuing infractions to
adults riding pocket bikes under both RCW 46.09.120(£) for nonhighway vehicles and RCW
46.20.500 for no motorcycle endorsement. When ehildren are observed riding these vehicles,
officers have taken the bike and the child home to the parent to explain the laws concerning
the bikes to adults and the serious safety concerns surrounding their use. No tickets are
issued to children.
Although, the tickets currently being issued are appropriate, officers are finding that many
riders do not understand why these laws apply to them. As a result, officers are spending
an inordinate amount of time explaining the law and fielding complaints. Therefore,
given the upeoming summer months, the likelihood of increased use of these types of
vehicles, and, in turn, the likelihood of increased offieer contact with riders, it may prove
beneficial for the City to educate the public on the laws surrounding these vehicles and
what officers will do in response if a person is observed riding one within the City.
K:\agnditem\PRHSPS Committee\pocket bikes
C"" 2-