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PRHSPSC PKT 05-13-2008 -, - ',>_",:_<,' ~- ~"'''''':"8''''~V';'~':'~~~-:.;,,:,,:.;e; City of Federal Way CITY COUNCIL POLICE, PARKS, RECREATION, AND HUMAN SERVICES COMMITTEE Tuesday, May 13, 2008 5:30 p.m. City Hall Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT - THREE (3) MINUTES 3. COMMISSION COMMENTS 4. APPROVAL OF FEBRUARY 12, 2008 SUMMARY 5. COMMITTEE BUSINESS A. Contract for FWCC Electronic Message Board Monument Sign Action B. Saghalie Park Soccer Field - Artificial Turf: Accept Work by Atlas Tracks, Inc. Action C. West Hylebos Wetlands Trail Improvements: Accept Work by Epic Construction Action D. Community Center Cafe Vendor Contract Action E. 2008 Human Services Commission Work Plan Action F. Joint Interlocal Agreement Regarding the CDBG Program Action G. Ratification of 1st Amendment to VCC's Governing ILA Action H. Veterans' Education and Training Program Action 1. Agreement between City of Federal Way & Puget Sound Action Educational Service District Relating to Fundil}g for Reinvesting in Youth 6. PENDING ITEMS · Animal Control Contract · Dangerous Dog Ordinance · Festivals 7. NEXT MEETING - June 10,2008 5:30pm - Hylebos Conference Room 8. ADJOURNMENT Sanders Sanders Sanders Nelson Hynden O'Donnell Wilson Wilson Wilson 2008 Committee Members: Council Member Jeanne Burbidge, Chair Council Member Jim Ferrell Council Member Michael Park Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant II 253-835-6901 ~ -- - - - - - - .~.- - .. - -'--.._._~, ~"."-- ~ .. City of Federal Way City Council PARKS. RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 8, 2008 6:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell and Michael Park; Council member Linda Kochmar, Karolyn Klohe Assistant City Attorney, Chief Brian Wilson, Donna Hanson, Director PRCS, Steve Ikerd, Parks and Facilities Manager, Lynnette Hynden Human Services Manager, Scott Pingel, ICMA Fellow, Mary Jaenicke, Administrative Assistant II. Guests: Fred Konkell, Parks & Recreation Commission Chair Burbidge called the meeting to order at 6:05p.m. PUBLIC COMMENT None COMMISSION COMMENT None APPRO V AL OF SUMMARY Council member Ferrell moved to approve the February meeting minutes as written, Council Member Park seconded. Motion passed. BUSINESS ITEMS Report on 2008 One Nie:ht Count of the Homeless and Efforts to Serve the Homeless Mr. Ikerd provided the background information. Staff has gone out to bid the supply and installation of the metal building three different times. The first two times, no bids were received. The third time, a bid was received, but it was higher than anticipated. A decision was made to bid the supply and installation separately. Two bids were received for the installation of the building. Mr. Ikerd reported that staff saved approximately $31,000 by bidding the project separately. The winning bid is from a local contractor. References have been checked, and they came back favorably. Council member Park moved to forward the bid acceptance for the installation of a pre-engineered metal maintenance building in Celebration Park to full Council on April 15 for approval. Council member Ferrell seconded. Motion approved. Landscape Bid Acceptance Mr. Ikerd presented the background information. There are eight facilities requiring contracted landscape services. Those sights are City Hall, Federal Way Community Center and six parks. Bids were sent out using the Small Works Roster. Seven companies attended the pre-bid meeting, and three of those companies' submitted bids. It was discussed with the companies, that if it was to the city's advantage, the eight sites would be split into two separate contracts. After reviewing the bids, it was decided to split the contracts; this amounts to an annual savings of $4,421.52. Steve has talked with both companies, and they are in agreement with splitting up the contracts. The bid for English Gardens and Federal Way Community Center will be awarded to Green Effects, and the other six sites will be awarded to Ornni Landscaping. Council member Ferrell moved to forward the bid acceptance for Landscape Services in the amount of $98,240.04 for Omni Landscape Services and $54, 964.22 for Green Effects to full Council on consent agenda April 15 for approval. Council member Park seconded. Motion passed. Neie:hborhood Park Emphasis Mr. Pingel provided the background information. Staff received a request for an off leash area for small dogs. When staff was developing the 2006 Park Plan, many requests were received for improving existing facilities, and creating community gathering places. Adelaide Park had been identified in the Park Plan as one of the Parks needing improvement. The only significant improvement to the park has been replacing a section of asphalt trail with cmshed rock. Improvements that can be made to the park include re-graveling the walking trail, refilling the playgrOlmd with COUNCIL MEETING DATE: May 20, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Contract for FWCC Electronic Message Board Monument Sign POLICY QUESTION: SHOULD CITY COUNCIL APPROVE A CONTRACT FOR AN ELECTRONIC MESSAGE BOARD MONUMENT SIGN FOR THE FEDERAL WAY COMMUNITY CENTER? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COMMITTEE CATEGORY: [8J Consent D City Council Business MEETING DATE: May 13,2008 D Ordinance D Resolution D Public Hearing D Other DEPT: PRCS STAFF REpORT By: DONNA HANSON Attachments: na Options Considered: Three proposals were received for an electronic reader board sign at the comer of S. 333rd St. and 9th Ave S. The reader board will be used to advertise activities at the Federal Way Community Center. Staff contacted references on all three bidders for the following quotes: Aarohn Co. $25,730.00 including tax 1-5 Design $26,784.00 including tax Tube Art Displays $23,977.82 including tax Authorized budget for this project was estimated at $30,000 Tube Art quote: $23,977.82 plus $2,398.00 (10% contingency) for a total cost of$26,375.52 STAFF RECOMMENDATION: Authorize execution of contract with low bidder, Tube Art Displays for reader board sign CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval to award the contract to Tube Art Displays in the amount of $26,375.52for an electronic message board monument sign at the Federal Way Community Center" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances ani}) REVISED - 02/06/2006 COllNCJL BILL # ) ST reading Enactment reading ORDINANCE # RESOLUTION # f\-\ COUNCIL MEETING DATE: May 20, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAGHALlE PARK SOCCER FIELD-ARTIFICIAL TURF: ACCEPT WORK BY ATLAS TRACKS, INC. AG #07-148 POLICY QUESTION: Should the renovation ofthe soccer field at Saghalie Park with synthetic turf, performed by Atlas Tracks, Inc., be accepted as complete? COMMITTEE: PRHSPS MEETING DATE: May 13,2008 CATEGORY: [Z] Consent o City Council Business D Ordinance D Resolution o o Public Hearing Other STAFF REpORT By: B SANDERS DEPT: Parks, Rec. & CuI. Services Substantial completion of the soccer field renovation at Saghalie Park was established on April 3, 2008. This work consisted of installation of base material, drainage, fencing, concrete paths, and synthetic turf. The City is prepared to formally accept the construction contract as complete. Budget: Total resources at the time of award of this contract were: $978,000. Of this amount $925,494.21 was identified for construction costs, including a 10% contingency. The total budget established for the project, including design, construction and related expenses was $977,650. Actual costs are below the budgeted amount, at $969,600.97. Project Costs: Construction Base Bid: Alternate (Fencing): Subtotal: W A State Sales Tax-8.9%: Original Contract: $ 719,394.19 $ 53,203.03 $ 772,597.22 $ 68,761.15 $ 841,358.37 Change Orders, including Sales Tax: Total, Construction Contract: Subtotal, Design and other costs: GRAND TOTAL: $ 58,167.96 $899,526.33 $ 70,074.64 $969,600.97 The work performed by Atlas Tracks, Inc. has been acceptable, and was performed within the scope of the contract and schedule. Attachments: None Options Considered: 1. Accept contract with Atlas Tracks, Inc. as complete, and release retainage. 2. Do not accept contract as complete. ~-\ ~g_~CIL MEETI~g_I!~!~_:_~~r~_~,_~~_~~_. ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WEST HYLEBOS WETLANDS TRAIL IMPROVEMENTS: ACCEPT WORK BY EPIC CONSTRUCTION AG #07-113 POLICY QUESTION: Should the trail (boardwalk) improvements at West Hylebos Wetlands, constructed by Epic Construction, LLC, be accepted as complete? COMMITTEE: PRHSPS MEETING DATE: May 13,2008 CA TEGORY: I8l Consent o City Council Business o o Public Hearing Other o Ordinance o Resolution STAFF REpORT By: B SANDERS DEPT: Parks, Rec. & CuI. Services .__.._.._....___.____.._..._____..._______._.______._.___._._.___..____._.___.__._...._....._...._.~___..... n.... ........____....... .. ......._..._____..._.....___. m....... .~._.___m__.___..._.____......._._.._....._.__m_.._._.___--....---.-.-....---.-.-.---.----......- Substantial completion of the boardwalk was established on January 4, 2008. This work consisted of removal and disposal of the existing boardwalk, installation of two types of foundations, and construction of a 3700' long boardwalk with bull rail and guard rail. Budget: Total resources at the time of award of this contract were: $1,439,293. The total budget established for the project, including design, construction and related expenses is $1,420,220.35. Of this amount $1,127,788.59 was identified for construction costs, including a 10% contingency. Actual costs for construction are below the budgeted amount at $1,066,706.59. Project Costs: Construction Base Bid, wi 2 alternates: W A State Sales Tax: Original Contract: $ 941,550.00 $ 83,797.95 $1,025,347.95 Change Orders, with Tax: Total, Constructiou Contract: Subtotal, Design, Signage, and Other Costs: $ 41,358.64 $1,066,706.59 $ 292,431.00 GRAND TOTAL: $l ,359, 137.59 The work performed by Epic Construction, LLC, has been acceptable, and was performed within the scope of the contract and schedule. Attachments: None Options Considered: 1. Accept contract with Epic Construction, LLC, as complete, and release retainage. 2. Do not accept contract with Epic Construction, LLC, as complete. STAFF RECOMMENDATION: Staff recommends that the contract with Epic Construction, LLC be accepted as complete, and that retainage be released. c-\ COUNCIL MEETING DATE: May 20, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER CAFE VENDOR CONTRACT POLICY QUESTION: Should the Council approve the Community Center Cafe vendor contract? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COMMITTEE MEETING DATE: May 13,2008 CATEGORY: ~ Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~-J!!-~POm~!}~X:_:Q~~g:~~l~~!l2_<;::~~~!:lj!Y_~(:!I!~!:_~~E~~L~()E:__..._ ._m_..__....___._...____._ __. ~~~!~-~~~~________..__m_____ To better serve the customers and surrOlmding neighborhood, the Federal Way Community Center plans to add cafe operations. A Request for Proposal was issued on April 3,2008; and published in the Federal Way Mirror, Daily Journal of Commerce, and the City of Federal Way web-site. Billy McHale's Restaurant was the only fIrm that submitted a proposal for vendor services on April 22, 2008. The Federal Way Community Center plans to have concession infrastructure built-in, along with the installation of selected appliances and fixtures. Billy McHale's Restaurant will provide the following equipment: Cash register, coffee brewer, espresso machine, smoothie blender, soup kettles, food warmer, rice cooker, hot dog roller, and microwave. Billy McHale's Restaurant has proposed to provide 5% of Gross Revenues (if weekly sales are less than $4,700) and 10% of Gross Revenue (if weekly sales are equal to or greater than $4,700) Options Considered: I. Approve the 2008 Community Center Cafe Vendor Contract for Services 2. Decline the 2008 Community Center Cafe Vendor Contract for Services STAFF RECOMMENDATION: Staff recommends Council approve the 2008 Community Center Cafe Vendor Contract for Services, and authorize staff to proceed with a provision for cafe services. DIRECTOR ApPROVAL: CITY MANAGER ApPROVAL: to Council to Committee To Council COMMITTEE RECOMMENDA TION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of a contract with Billy McHale's Restaurantfor concession services at the Federal Way Community Center. " COUNCIL ACTION: o APPROVED o DENIED o T ABLEDfDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ .- :,. '_.:. :.'-' ~~>.~~:, ~,,':~.'_~':lo-':~' ~~_*.; ..";;;::.:.':.:.;,..,,:t....."2',:,,w _c;:~!!~~_I_~_~~~!I~g_p~'!'~:_.___._M~'/_~_._zQOa____.._____________..__._____..__..___..__.__!l'~~!I_: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008 Human Services Commission Work Plan POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION WORK PLAN FOR 2008? COMMITTEE: PRHSPS MEETING DATE: May 13,2008 CATEGORY: [8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: L YNNETIE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development -------------- ---...--------------.-...--...--------------______________.______________.________.__~~~!~~_~_Q~p~~!!l~I!!____...___________.__ Attachments: · Memorandum to PRHSPS Council Committee Dated May 2, 2008 · 2008 Human Services Commission Work Plan. Options Considered: 1. Recommend approval of the 2008 Human Services Commission Work Plan. 2. Do not Recommend approval of the 2008 Human Services Commission Work Plan 3. To amend the proposed 2008 Human Services Commission Work Plan. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: 6[I.Y Cormruttee Council Council COMMITTEE RECOMMENDATION: "I MOVE TO APPROVE OPTION Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # E ~\ Human Services Commission Recommendations: On April 21, 2008 the Commission approved staff s recommendation by adopting the attached Work Plan. f-~ _'~'~- ~ ~-~':_"",-~~"'_~~"_~_~_-__>~"..J>';'._~_~~'~o,;",~ - -.. ''':~ '- . Human Services Commission 2008 Work Plan Page 2 · Review the quarterly reports submitted to the Human Services Division to evaluate contract performance of the funded human service agencies and determine if performance goals are being met. · The HSC will present an Annual Report containing the performance measured outcomes of the agencies funded by the Human Services General Fund and/or CDBG awards. The report will be submitted by the Human Services Commission to the Council Committee and then reported to the full Council. · Any agency deemed "not-performing" after reviewing the quarterly status reports from the agency will be notified of the Commission's recommendation to withhold payment oftheir contract and/or amend their contract before the Commission reports the change in status to the Council Committee and the full Council. 5. Review sub-regional, regional and federal legislation on human services and CDBG trends and activities. Tasks · The HSC will receive briefings on the activities of the South King County Human Services Forum. · They will receive briefings on the South King County Council of Human Services. · Divisional Staffwill provide briefings to the HSC on the work of King County concerning the Regional Human Services system. · The Commission will receive briefings on the activities ofthe King County Joint Recommendation Committee. · The HSC will review news regarding policy decisions at the federal level that could have a potential impact on the CDBG program. · The Human Services Commission will review news regarding local/regional/national activities and legislation that could have a potential impact on human services in Federal Way. · The Human Services Commission will make recommendations on actionable items to the Council Committee and then on to the full Council. 6. Work closely with all levels of City government to promote continued support of the City's Human Services Program. Tasks · The Human Services Commission chair or his designee will attend the Parks, Recreation, Human Services and Public Safety (PRHSPC) Council Committee and regular City Council meetings when a Commission action item is on the agenda. 7. Building capacity by developing partnerships with faith based organizations, human services agencies, Federal Way Public Schools and other potential stakeholders. This will increase coordination and outreach efforts to promote awareness and collaboration around human services issues. Tasks E-~ COUNCIL MEETING DATE: May 20, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM POLICY QUESTION: Should the City of Federal Way receive funds for the Community Development Block Grant (CDBG) program for the 2009-20 II period through the King County CDBG Consortium as a Joint Agreement City, recei.ve CDBG entitlement funds directly from the Department of Housing and Urban Development (HUD), or participate in the regular King County CDBG Consortium? COMMITTEE: PRHS&PS MEETING DATE: May 13,2008 CATEGORY: [8] Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other ~~~~!-~~Q~!-!!-Y-:J5_~!!LQ:_Qg!lQ~!!!S_Q_~_g__C;(?~~~in<!!~~_______ DEPT: Community Development Attachments: · Letter from King County notifYing Federal Way of option to continue participation in the King County CDBG Consortium or withdraw. · Draft Joint Interlocal Agreement Regarding the CDBG Program. · Recommendations from April 21, 2008, Human Services Commission meeting with staff reports dated April 15, 2008 and April 18, 2008. Options Considered: I. Authorize the City Manager, or his designee, to sign an interlocal agreement regarding the Community Development Block Grant (CDBG) Program for continued participation in the King County CDBG Consortium for the 2009-2011 period as a Joint Agreement City with technical changes. 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 2009-20 II period. 3. 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 2009- 20 II period as a regular CDBG consortium city. The Human Services Commission recommended Option 1 be forwarded to the City Council for consideration prior to receipt of official notification from King County. The technical changes outlined in the staff reports have been included in the proposed agreement that has been forwarded to the City Attorney's Office for review. Acceptance of the Interlocal Agreement will also continue participation in the HOME Consortium for the same P~!:!~c!:____f~-~~~<!!_\\{<!X~Q~~_Q~!h~~~_ an _~p_t!~~_!(?~~_!f=~~~!_~!~!_~!: ~~_~_1:!Q~~2E~g~_~~~____ _____ _______________________________ STAFF RECOMMENDA TION: Accept option I. CITY MANAGER ApPROVAL: ~ ~ DIRECTOR ApPROVAL: &tIf Committee 5(5'" lOB Co'"ncil Council COMMITTEE RECOMMENDA T10N: I move approval of option _ . Jeanne Burbidge, Chair Jim Ferrell, Member Michael Park, Member F-\ ~ King County Department of Community and Human Services Jackie MacLean, Director 401 5th Avenue, Suite 500 Seattle, WA 98104 (206) 263-9100 Fax (206) 296-5260 TrY Relay 711 The Honorable Jack Dovey, Mayor City of Federal Way 33325 8th Avenue S Federal Way, WA 98063-9718 Dear Mayor Dovey: I am writing to you regarding the continuing participation by the City of Federal Way in the King County Community Development Block Grant (CDBG) Consortium and the King County HOME Investment partnerships Program (HOME) Consortium. The current Joint Interlocal Cooperation Agreement (Joint Agreement) for these two federally-funded programs cover 2006 - 2008 and it is time to consider the 2009 - 20 II period. This letter is to notifY you that the renewal of the combined CDBG and HOME Consortia Joint Agreement will include updates for the years 2009-20 II, and consequently, will need to be adopted by the King County Council and the councils of all participating cities in the CDBG/HOME Consortia for signature in the coming months. The renewal of the Joint Agreement for 2009-20 II will only include updates that are technical in nature: I) to provide all necessary citations for combining coverage of the CDBG and HOME programs within one Joint Agreement; and 2) to account for potential changes in participation status for two cities who may qualify as metropolitan cities for the next three-year period (Kirkland and Redmond), and may elect to stay in the regular CDBG/HOME Consortia, to become Joint Agreement Cities, or to receive their own CDBG entitlement and become a member of the HOME Consortium only. If either city elects to change their status the updated Joint Agreement will need to include a new rotation schedule of Joint Agreement City and HOME-only City representatives on the interjurisdictional Joint Recommendations Committee (JRC). The overall number of representatives on the JRC will not change, only the frequency of service for Joint Agreement and HOME-only cities. These technical changes will have no impact on any of the substantive elements of the Joint Agreement that were negotiated in 2005 and will have no impact on your city as a continuing participant in the CDBG/HOME Consortia as a Joint Agreement City. A red-lined version of the 2006-2008 Joint Agreement showing the HOME technical amendments and the potential changes in the rotation of Joint Agreement and HOME-only representatives to the JRC are enclosed in this mailing for your review. As a metropolitan city that has elected to participate in the CDBG/HOME Urban County Consortia, we must inform you of the following: @ J!H:n:lfV PitFER ~-'!::> The Honorable Jack Dovey April 28, 2008 Page 3 of3 If your city desires to continue participation in the King County CDBG/HOME Consortia as a Joint Agreement City for the three year period of 2009-20 ll, your city must notify both King County and HUD in writing, no later than May 26, 2008, that you intend to continue participation. You must also notify King County and HUD if you choose not to maintain a Joint Agreement with the King County CDBG/HOME Consortia by the same date. Unless we hear from your city that you do not intend to continue participating in the King County Consortia through a Joint Agreement, we will notify you when the King County Council has adopted the updated Joint Agreement for the approval of the governing body of your city. The letter indicating your decision regarding continued participation in the King County CDBG/HOME Consortia must be sent to the following addresses: King County Housing and Community Development Program A TTN: Cheryl Markham 401 Fifth Avenue, Suite 510 Seattle W A 981 04 John W. Peters, Director Office of Community Planning and Development U.S. Department of Housing and Urban Development 909 First Avenue, Suite 300 Seattle, W A 98104-1000 Thank you for your attention to this matter. Sincerely, aw.~ Director JM:te Enclosure cc: Lynette Hynden, Human Services Manager, City of Federal Way Kelli O'Donnell, CDBG Coordinator, City of Federal Way Linda Peterson, Division Director, Community Services Division ATTN: Cheryl Markham, Project/Program Manager IV, Housing and Community Development Program Kathy Tremper, Project/Program Manager III John deChadenedes, Project/Program Manager III Eileen Bleeker, Project/Program Manager II F---S @ RfCYCl.[{) PAPER 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 iurisdictions agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by the National Affordable Housing Act of 1990. as amended. 42 USC 12701 et.seq. and 24 CFR Part 92 for purposes of the HOME Investment Partnerships Program. hereinafter referred to as "HOME Program". and to cooperate in undertaking HOME Program activities; and WHEREAS, the County and the City are committed to targeting CDBG and HOME Program funds to ensure benefit forte Ym..low- andto moderate-income persons as defined by HUD; and WHEREAS, the County and the City recognize that needs of ~low--aOO to moderate-income persons may cross jurisdictional boundaries and therefore can be considered regional and sub- regional needs as well as local needs; and WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Joint Interlocal Agreement, entered into pursuant to afld in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the distribution and administration of CDBG, HOME ProgramInvestment Partnership, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. 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 and HOME Program funds from federal Fiscal Years 2009, 2010 and 20116, 2007, and 2008 appropriations, from recaptured funds and from any program income generated from the expenditure of such funds. II. DEFINITIONS A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as described in Section V of this Agreement. ~-\ I CDBG Joint Interlocal Agreement 20fl4 20026-20011& Act (RCW Chapter 36.70A). The remaining 10% from the City's entitlement plus program income available for public services will be allocated by the City in accordance with this agreement. D. Twenty-five percent of the funds available from the City's CDBG 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 remaining capital funds will be allocated by the City in accordance with this agreement. E. 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 IV below. IV. 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 sub-regional fund. D. Public Service funds. The City agrees to a maximum of four stand-alone public service projects per year. Funds contributed to a sub-regional public service project would not count as part of the four stand-alone proiects in this agreement. I*E. I.There will be a one year extension through 2006 to those public service projects awarded funds in 2005. Should the City cancel andfor amend one of those projects, they may reallocate the funds to another project funded in 2005. 2.Tbe City agrees to a maximum of four stand alone public service projects per year commencing in program year 2007. Funds contributed to a sub regional public service project would not count as part of the four stand alone projects in this agreement. IhNo project funding minimum,is established in this agreement. Project minimums that may be established by the JRC for the Consortium sub-regional funding shall not be binding on the Joint Agreement cities. t=-\ I CDBG Joint Interlocal Agreement 4 of 14 20026-20011& manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub-region and two from the south sub-region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties-The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG and HOME Program~, including but not limited to the Consolidated Plan and related plans and policies. 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds and HOME Program funds, including the Administrative Set-aside. 3. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from CDBG and HOME Program -funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. D. Advisory Committees to JRC-In fulfilling its duty to review and recommend projects and programs to be undertaken with-the CDBG and HOME Program funds, the JRC shall consider the advice of inter-jurisdictional advisory committees. Sub-regional advisory committees, made up of one representative from each participating jurisdiction in a sub-region that wishes to participate, 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 solicit recommendations from other inter-jurisdictional housing and community development committees. VI. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG and HOME Programf_funds has responsibility for and assumes all obligations in the execution oftlHthes CDBG and HOME ProgramsProgram, including final responsibility for selecting and executing activities, ensuring compliance with federal requirements and submitting to HUD the Consolidated Plan, Annual Action Plan, and related plans. ~, (\ I CDSG Joint Interlocal Agreement 6 of 14 20026- 200118 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 and HOME Program -funded projects and make them available to all participating jurisdictions and the JRC. 1. King County Executive staff shall administer contracts and provide technical assistance, both in the development of viable CDBG and HOME Program proposals and in complying with CDBG and HOME Program contractual requirements. J. King County Executive staff shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment of whether preparation of an environmental impact statement is required. 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. VII. RESPONSIBILITIES OF THE CITY A. City shall cooperate in the development ofthe 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 Program issues. The assigned CDBG/HOME Program 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: I. that all selected projects (I) are an eligible activity, (2) meet a national objective, and (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, 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 ~-\~ I CDBG Joint Interlocal Agreement 8 of 14 20020-20011& below). Iffederal requirements have an unforeseen budget implication (for example, if the 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. 1. City certifies that it has adopted and is enforcing: 1. 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. J. Pursuant to 24 CFR 570.501 (b), City is subject to the same requirements applicable to subrecipients when they receive COBG 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; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and reversion of assets. K. City understands that it may not apply for CDBG grant entitlement funds from HUD for the period of participation in this Agreement. L. The City in its participation in the CDBG urban county consortium through this lnterlocal Agreement understands that it is also part of the Urban County for the HOME rprogram and may participate in a HOME program only through the CDBG Urban Countythat it may not participate in a HOME consortium except through the Urban County. regardless of whether the Urban County receives a HOME formula allocation. b M. When undertaking activities and/or projects with COBG funds distributed under this Agreement, the City shall retain full civil and criminal liability as though these funds were locally generated. N. The City retains responsibility in fulfilling the requirements of the State Environmental Policy Act under which County shall have review responsibility only. ~-l 5 I CDBG Joint Interlocal Agreement 10 of 14 20029-20011& 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 carry over or reallocation at year's end; tracking overall expenditure rate; financial reporting to HUD, etc. D. Reporting: 1. City will report accomplishments to the County on each of their public service and stand alone projects. 2. County will prepare all reports to HUD: 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. E. 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). County will be monitored by HUD, the State Auditor, and by the Hun Inspector General. 3. County staff will meet with City staff quarterly to monitor, provide technical assistance, and discuss capital project status. F. City will provide the County all information necessary from its application process for contracting and implementation purposes for all other stand-alone capital projects G. City staff may participate in other Consortium-wide planning activities envisioned in the Consolidated Plan such as-the Interiurisdictional Advisory Group meetings regarding the HOME Program HOME Working Group~ and monitoring the Housing Stability Program, THOR funding, and other sub-regional processes. VIII. GENERAL TERl\1S t:...\\ I CDBG Joint Interlocal Agreement 12 of 14 20029-200118 KING COUNTY, WASHINGTON for King County Executive Jackie MacLean Printed Name Director, Department of Community and Human Services Title Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING A TIORNEY CITY OF By: Signature Printed Name Title Date Approved as to Form: CITY OF CITY A TIORNEY Michael Sinsky, King County Senior Deputy Prosecuting Attorney I COBG Joint Interlocal Agreement City Attorney A TIEST: CITY OF , City Clerk \= - \~ 14 of 14 2002e-20011& The 2009 Presidential budget proposes cutting the CDBG program an additional 18% to $2.93 billion. The House and Senate budget resolutions appear to restore funding to the program and note the need to address additional community needs from the downturn in the national economy as well as housing issues. The budget resolutions are non-binding but set the limits for the allocations to the 12 appropriation subcommittees. With the upcoming elections, war, national deficit and current housing and economic issues, it is unlikely that CDBG will increase to the 2003 funding levels in the next few years. Notification Process and Status of Joint Agreement Negotiations: Based on prior year notifications from HUD, Federal Way must make a decision to remain in the King County CDBG Consortium for the 2009-2011 period or return to direct entitlement status by approximately May 30,2008, unless an extension is granted from King County and HUD. Staff has been talking with King County about extending the current Joint Agreement for the next three year period. A formal notification letter has not yet been received. King County has indicated during discussions that they would be willing to extend the agreement with a few technical changes, address the possibility of Redmond becoming a Joint Agreement City in addition to Federal Way, Renton and Shoreline, and add a rotation schedule in for the Joint Recommendation Committee. Since it does not appear that the agreement can be extended as it is currently adopted, it is expected that King County will need to request an extension from HUD. An extension to August 1 was granted in 2005 during the last notification process. Federal Way staff is hopeful that the agreement can be extended with only technical . modifications noted above. This analysis is based upon current information. The Commission may be asked to reconsider this recommendation should the final Joint Agreement have any additional changes proposed by King County. Options for Consideration: Attachment A outlines the issues that need to be considered for each of the three. options that will be reviewed at the Commission retreat. Additional information will be presented at the Commission meeting. The three options are: A. The City continues participation in the King County CDBG Consortium and partners with the County to administer the program and splits administration funds available to administer the prograill. Negotiations are underway between the joint agreement cities (Federal Way, Renton and Shoreline) and King County on amending the current interlocal agreement for joint agreement cities in the CDBG Consortium for the 2009-2011 period. There is the possibility that the City of Redmond may be granted entitlement status by HUD and be included in the agreement. . Key items of the Joint Agreement: 1. The County receives 10% of funds available for planning & administration and an additional 2% of capital funds for direct capital project management costs. 2. The City receives 10% of funds available for planning & administration and takes on additional responsibilities., 3. Housing Stability is furided at 5% of funds available for public services. 4. Consortium-wide Housing Repair is funded at 25% of the City's entitlement. 5. The City maintains autonomy in allocating remaining public service and capital funds. The City contracts for public service projects and local capital projects and the County contracts for regional capital projects. Page 2 of 4 ~~-2-\ "'-~ . "..- _._- .-.~._~..~~...~.,~;~~..~~...,"",',"-,,'-"'-"'-""~'-_." · Federal Way's COSG program may be impacted by policies adopted by the Joint Recommendations Committee and changes made by the overhaul of the COSG Consortium. · The City may need to subsidize the.current staff position should planning and administrative funds be cut as a result of reduced funding of the COSG program by Congress. · King County staffing capacity has been an issue on the implementation of some COBG projects. Projected County budget shortfalls and reductions to the COSG program may further impact the program. S. Notify King County and HUO that Federal Way will no longer participate in the King County COSG Consortium and will receive COSG funds as a direct entitlement for the 2009-2011 period. Advantaaes: · The City has full control over Federal Way's COSG program within the federal guidelines. Disadvantaaes: · Federal Way will assume responsibility to the federal government for all activities undertaken with COSG 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 COSG funding over the 2009-2011 period may require that the City subsidize the program to a greater extent and/or reduce staff and programs. · Projects funded would be limited by staff capacity to implement projects. C. Authorize the City Manager to sign an interlocaJagreement regarding the Community Development Block Grant (CDSG) Program for continued participation in the King County COSG Consortium for the 2009-2011 period as a regular COSG consortium city. Advantaaes: · All staffing costs and administrative responsibilities will be the responsibility of King County. Oisadvantaaes: · No local control of public service projects and capital projects implemented with COSG funds. Staff Recommendation: Staff recommends Option A because it provides local control over projects funded for public services and capital projects while limiting. The impact of the federal deficit on domestic programs as well as the housing crisis and economic downturn makes it likely that federal funding of the COSG program will continue to be reduced over the next few years. The City will again have the option to return to direct entitlement in 2011 for the 2012-14 period. Commission Recommendation: . Forward Option _ to the Parks ,I Recreation, Human Services and Public Safety Committee for recommendation to the full Council. Please contact me at (253) 835-2653 or kel/i.odonnel/aD.citvoffederalwav.com if you have any questions regarding this item. . paM \: - '2- ':> WHEREAS, the County and the City are committed to targeting CDBG funds to ensure benefit to low- and moderate~income persons as defmed by HUD; and WHEREAS. the County and the City recognize that needs of low- and moderat~income persons may cross jurisdictional boundaries and therefore can be considered regional and sub-regional needs as weU as local needs; and WHEREAS. the County. in conjunction with the participating jurisdictions. must submit an Annual Action Plan to HUD. which is a requirement to receive CnBG funds; and . ".:.,b... -~>..<';~-:'';\.:':~~~':.::':'>':;4;;-''::.~ ;. WHEREAS. the purpose of this Joint Interlocal Agreement. entered into pursuant to and in accordance with the State Interlocal Cooperation Act. RCW Chapter 39.34, is for planning the distribution and administration of CDBG, HOMElnvestment Partnership. and other federal funds received on behalf of the Consortium from HUn. and for execution of activities in accordance with and under authority of the Act: NOW. mEREFORE. IN CONSIDERATION OF TIlE FOREGOING CJRCUMST ANCES AND IN CONSIDERATION OF TIlE MUTUAL PROMISES CONTAINED HEREIN. IT IS AGREED THAT: L GENERAL AGREEMENT The County and City agree to cooperate to undertake. or assist in undertaking. activities which further the development of viable urban comnnmities. 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 a1UIUal 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 funds. II. DEFINmONS A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as described in Section V of this Agreement. B. "Entitlement amount" means the amount of funds that a metropolitan city is entitled to receive under the Entitlement Grant Program as determined by formula set forth in Section 106 of the Act. C. "Program income" means gross income received by the City directly generuted 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 net income generated from float loan activity. Pro rata calculations will use the amount in n (B). D. "Recaptured funds'. means a fund balance that remains at the close of a project activity. cancellation of an awarded project or a repayment of funds that is required due to determination of ineligible activity by HUD,change of use from origirial grant award or sale of property. CDBG Jointlntcrlocal Agreement 2 of 12 ~ ~-2S 2006-2008 .. B. Fundssball be used in accordance with the CDBG regulations at 24 CPR 570 and all other applicable federal regulations. C. The City agrees toa 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 sub-regional fund. D. Public Service funds: l. There will be a one-year extension through 2006 to those public service projects awarded funds in 2005. Should the City cancel and/or amend one of those projects, they may reallocate the funds to another project funded in 2005. 2. The City agrees to a maximwn of four stand-alone public service projects per year commencing in program year 2007. Funds contributed to a sub-regional public service project would not count as part of the four stand-alone projects in this agreement. E. No project funding minimum is established in this agreement. Project minimums that may be established by the JRC for the Consortium sub-regional funding shan not be binding on the Joint Agreement cities. v. JOINT RECOMMENDATIONS COMMITTEE An inter-jurisdictional Joint Recommendations Committee (" JRC") shall be established througb the 2006 - 2008 Consortimn InterJocal Cooperation Agreement and is hereby adopted as part of this agreement. A. Composition-- The JRC is composed of three county representatives and eight cities representatives. 1. The three COlmty 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 persons from meeting to meeting. 2. Four of the cities representatives shall be from those non-entitlement consortiwn cities signing the King CO\Ulty Consortium lnterlocal Cooperation Agreement for the Community Development Block Grant Program. 3. The remaining four cities representatives shall be from cities that qualifY to receive CDBG or entitlement funds directly from HUD that Ille signing either Joint agreements or HOM1H>nly agreements. These latter four representatives shall have no jVote on matters specific to the jurisdictions of the King County Consortii1m.lnterlocal Cooperation Agreement for the Community Development Block Grant Program. 4. Two of the eight cities representatives shall be rotated among the CDBG Joint Agreement cities of Federal Way, Shoreline and Renton. The two CODG Joint Interlocol Agreement 4 of 12 2006-2008 6>( 'f--21 . VI. RESPONSIBILITIES AND roWERS 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 tho execution of this COBG Program, including fmal responsibility for selecting and executing activities and submitting to HUD the Consolidated Plan, Annual Action Plan. and related plans. Nothing contained m this Agreement shall be construed as an abdication of those responsibilities and obligations. County will bear responsibility for: I. the lRID-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; tbe Analysis of Impediments 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 mc. C. The Metropolitan King County Council shall have authority and responsibility fOT all fimd allocation matters, including approval of the annual CDBG Administrative Set- aside and appropriation of all CDBG funds. D. The King County Executive, as administrator of this CDBG Program. shall have authority and responsibility for all administrative requirements for whicb the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the IRC and provide liaison between HUD and the Urban COWlty Consortium. County Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the mc to help it fulfill its powers and duties. G. King County Executive staff shall have the authority and responsibility to conununicate and consult with Joint Agreement City on COBa policy and program matters in a timely manner. COHO Joint Interlocal Agm::mcnt 6 of 12 2006-2008 ~ l=-2-~ ..... .. D. The Joint AgreCnient city lUld/or their funded agencj' 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 HUD and as required by any relevant policies adopted by the IRC. 1. During the period of the use restriction, the City shall notify County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG funds. This includes any modification or change.in use fCom 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 sbaII reimburse the COlmty in an aDlOlU1t equal to the current fair market value (less any portion thereof attn'butable to expenditures of non-CDBO funds). 3. The CitywiIJ ensure 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 sball implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. Prior to the first and last payment on capital projects exclusive of Housing Repair, acquisition and Community Based Development Organization projects. pre-approval must be received from County staff that federal labor requirements have been met. 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 fot 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. if the 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 federallaw8 and regulations that apply to King County as applicant, including assurances and certifications described below. 1. City certifies that it has adopted and is enforcing: I. a poHcy 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 CDBG Joint I"lerlocal Agreement 8 of 12 2006--2008 ~ ~- 't>\ -'--'''-'.~ ~.'"-~ ....~.... ....." ""~;:~""""'-~"'"''''~-'~ ..-........ <~..~------.-_- .... 5. County will provide technical assistance to identifY Davis.BacoD issues during the application process. 6. County will handle non-compliance issues provided the above requirements are met. B. Uniform Relocation ActlBamey Frank: ] . City 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. 3. City and/or fimded agency will be responsible for any unforeseen relocation costs. Any unresolved relocation cost will be charged against the City's grant amount after due diligence is completed in col1ecting payment of funds from the funded agency. c. FinanciallFund Management: County will be responSible for contracting with HUD for the grant funds; recording and tracking loan repayments and other program income; determining 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 carry over or reallocation at year's end; tracking overall expenditure rate; financial reporting to HUD, etc. D. Reporting: 1. City will report accomplishments to the County on each of their public service and stand alone projects. 2. County win prepare all reports to HUD: 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. E. Monitoring: I. City will annually monitor the agencies with which it subcontracts to ensure compliance with all federa.l, state and county requirements associated with CDBG funding with an on-site monitoring visit not less than every two years. CDBO Joint Interlocal Agreement 10 of 12 2006-2008 &Af t== .. 3~ ,_'-'. > -H" -... ,..", h ~. ~.'" ..:~:..':,""..~,,;;j,'::';:>:"!.-":..',,"7"~-,,~..'..~...>..~a;:''';,,"~l .". . ~ 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 Uman Comty Qualification Notice applicable for a subsequent three-year qualification period, and to submit slich amendment to the BUD. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. KING COUNTY. VI ASHlNGTON for~~-S2 ~ Jackie MacLean Printed Name Director, Department of Community and Human Services Title {:,)3/0f Date I orm: G COUNTY ORNEY CDBG Joint Interlocal Agreement 'MLv; By: Signa e David H. 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J1 z ~ I c. .. ,. ~ ~ ...... _'~ ",,,"~,,,-<;......,._'~-_'...:...T.~,,,-;..'"...:';"r,,,'...~..,,,-~..........,,,,W"";;; Public Facilities Objectives CFSI-OI Provide. capital improvements in five existing Improvement I community facilities, particularly those that serve of five families and children. facilities 2006 Boys & Girls Club Roof Replacement. CFS 1-02' Supp6rt development of two new community Two " facilities. facilities PubUc Services Objectives . HSSI-OI Maintain and increase the capacity of emergency services in order to help low-income people meet their basic life needs HSS2-01 Promote improved transportation access to service delivery sites, incl~dingthose outside of Federal Way where City residents have access to assistance from regional service providers. HSS2~03 Support and increase services available in Federal Way or within dose proximity. HSS3-0 I Encourage programs that promote community involvement by low-income families. . HSS3-02 Continue the funding emphasis on human services programs. that ad~ess the needs of families with children. . HSS4-01 Increase collaborative efforts among local government, school districts, and service providers. (HSS4-O 1) HSS4-02 Participate in countywide and regional efforts to address human service needs. " HSS5-0 I Provide funding for a wide range of programs to promote community safety. HSS5-02 Create partnerships with the community, city deparbnents, providers, and others to help keep families and neighborhoods free from fear and ., crime. Economic Development Objectives ESDI-Ot Assist 50 unemployed or under-employed low- 50 3.9 income residents to obtain employment or move individuals individuals into a higher paying job "over the five-year strategic planning period. 2006 Employee Development Services by a CBDO project through the MSC 39 clients job placement/improvement. ESD2-0 I Attract two new businesses to the community that Two provide jobs/job training to low-income reSidents. businesses ESD3-0 i Attract two new mid-size or large businesses that Two offer livable wage jobs to lower-income residents businesses livin~ in Federal Way. f&--36 F"- L1C{ I. CITY OF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: Apr~ 18, 2008 r Human Services Commission ~. Kelli O'Donnell, CDBG Coordinato . CDBG Staffing Analysis - Direct titlement 2009-2011 CDBG Staffing Scenarios: Federal Way estimated the 2005 entitlement for Community Development Block Grant (COBG) at $867,000 and expected to have $173,400 available from CDBGfunds to staff the program. Two. potential staffing scenarios were developed based upon these estimates as noted in Attachment A Actual funding in 2005 was lower than expected and Federal Way COBG funds have been reduced to a CDBG entitlement to $714,719 in 2008 with $142,944 available for planning and administration if there is no program income received. The estimates show a reduction of approximately $30,000 over the past 3 years to administer the CDBG program not including the reduction from 2004 to 2005. The two staffing scenarios developed in 2005 included Scenario 1: a full-time grant coordinator and human services planner, a half-time administrative assistant and 15% of the human services manager position being charged to CDBGand a small amount of funding for expenses for the program. Scenario 2: a full-time grant coordinator, a half-time administrative assistant, a half-time project manager and 15% of the human services manager position being charged to CDBG and a small amount of funding for expenses for the program. Additional funds were set aside to pay an outside consultant to complete required National Environmental Policy Act (NEPA) reviews. The cost of overhead (office space, computers, phones, copying, etc.) were not included in the scenarios and were expected to be absorbed in the City's general fund. The staff projections were based upon the staffing needed to implement the City's CDBG program as it was in 2005 with anywhere from 2-6 capital projects being funded and 4-8 public service projects as well as allocating funds to the housing repair and housing stability projects. The amount of funding available in 2008 would not cover the cost of either of the above scenarios (see 2008 Analysis - Attachment A). Funding would allow for the addition of a half-time administrative assistant and allow a minimum amount of funding for an associate planner or consultant to complete the environmental review requirements of any non-exempt capital projects and a small amount of additional budget costs. With this minimum amount of staffing, the projects through 2011 show a shortfall of approximately $16,000 to $20,000 assuming there is no further reduction to CDBG. Differences in Entitlement City CDBG Programs: The cities of Auburn, Bellevue and Kent are direct COBG entitlement cities in King County that provided staffing information during the 2005 analysis (Attachment B). Updated staffing information has been received from the City of Kent as outlined in Attachment B. Entitlement cities have all seen similar entitlement reductions to Federal Way based upon the HUD budget adopted by Congress and the addition ofentltlement communities sharing the funding. . Kent has noted that with the cuts to planning and administration they are only able to fund staffing with COBG. There is no budget for supplies, advertising, publications, etc. And the general fund will need to absorb $8,214 of personnel costs in 2008 providing the Council approves the budget adjustment. The majority of Kent's capital funding goes to their internal minor home repair program. Currently two micro enterprise development projects are funded with COBG and there will be a small capital project funded Page 1 of2 i j:- 5 , I , I. this year. Public service projects are funded every two years. Conversations with Auburn and Bellevue have indicated similar approaches to containing the staff costs of CDBG by limiting the capital projects funded that trigger federal regulations that increase staffing costs beyond the set cap chargeable to the program. City's Current Staffing Level and Program: The City has also had to increase the subsidy to the COBG program under the current contract with King County. The COBG budget used to cover the cost of the full-time program coordinator and some of the operating costs of supplies, publication, etc. with the City picking up the cost of office space, computer/phone, copies, mailing, etc. With the cuts to COSG and the decline in program income, 2008 is the first year that the salary of the COBG coordinator will not be entirely covered ($595 shortfall) and no operating costs will be covered by the program. The impacts of the reduction to COBG have been softened for Federal Way by program income received from the Housing Repair Program loan repayments and additional ceiling being available from the COBG Consortium increasing planning and administration from $71,470 to $85,977. Under the Joint Agreement to participate in the King County COBG Consortium, Federal Way has been limited to two-stand alone capital projects and four public service projects as outlined in the COBG Entitlement memo in exchange for 12% of our COBG entitlement. Being part of the larger consortium has allowed Federal Way to fund a variety of projects and programs that would not have been feasible without hiring additional staff for the program. King County provides the project management for capital projects, environmental review, relocation, and oversees Oavis-Bacon and other federal labor standards of the COBG program on Federal Way projects. Federal Way retains the ability to allocate funding to projects and is responsible for administering parts of the program. In order to meet the requirements of the current program, 75% of the coordinator's position is needed with the remaining time used for regional planning, meeting with local agencies, and coordination with internal departments. With the implementation of the 1 0 Year Plan to End Homelessness in King County and corresponding State funding and the adoption of the Veteran and Human Services levy, the staff time required to monitor and have input into these systems has grown without any additional staffing. Existing staffing in human services has also limited any City response to the current housing crises other than cursory monitoring of its impacts on our residents. Direct Entitlement Decision and Staff Recommendation: The amount of funding available to support staffing from the CDBG program would be enough to add some administrative support staff and a small amount to meet NEPA requirements. The proposed staffing scenarios would provide only for a very limited COBG program and require decisions to be made on how to fund projects that do not trigger the staff intensive regulations such as Davis-Bacon and/or relocation. Although we are limited through our King County contract, the staffing at King County is at a higher level and includes staff with training in these and other regulations. Returning to direct entitlement would require the full attention of the COBG Coordinator position on preparing the required reports to HUD and implementing the systems necessary to administer the program within the regulations. COBG staff would no longer be able to participate in the regional and sub-regional plans to address homelessness. Additional staffing in human services would be required to maintain our current levels of participation. The recommendations from the 2006-2009 entitlement decision were based upon the expectation of cuts to the program and impact on staffing levels. It is expected that small cuts to the program will continue in the foreseeable future. Staff recommends continuing in the King County Consortium as long as no major changes are made to the interlocal agreement. Please contact me at (253) 835-2653 or kelli.odonnell@cityoffederalway.com if you have any questions regarding this item. Page 2 of2 f-55 "'~-~ ';:'-{ .O,i' <,h ;. ..~; ;-'.:-. .,.i - ~ 1: i ..( -g ~g~i lil c: .,~ _~O.i -e UO .g 4-- . '" --"-'~-!1. "':> l':~~ _... TGI; ~:t e ;::eill ~ ii ! ;!_.it'3~ . 5 c( ,~cr: ~ ~ ~ .. .:~:O~i5 1> .~ ,-~, ~e ;,;:; U i. - -- 4: t! o " ::> ellll Ille l:~ 0:8 0- e 0 J: ;J'E-~.!! ~.-i.g~~ ~.5iS~ D..- u tX "i 01 - --_ e IL g:,o 'O.E ~ .>.~ . u~ '" t! a ;; !:1~Hi~ :~;~ai~ e _ ! M W I!I ID f:......w...... iii 3~8~~~ td"':cid"': jlt~~~~ ~~,:p;;~:g~ S ~"'''''''''6't ~i .coi -. .....- I ~8~i~ ilaid..mo .NC"!I-_a:J e .;............,. ;-:~r-- CD .- ('of co '.........00..... .-:~:" CD.......,. 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COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: May 13,2008 CATEGORY: ~ Consent D City Council Business D Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: J. DEPT: Police Department Attachments: 1. First Amendment to Valley Communication Center ILA 2. PRHS&PS Memo Options Considered: I. Accept the VCC Administration Board recommendation to amend the lnterlocal Agreement 2. Reject the recommendation to amend the lnterlocal Agreement STAFF RECOMMENDATION: Staffrecom1flends Option l. CITY MANAGER ApPROVAL: \ \ r DIRECTOR ApPROVAL: "iJ lv, II..., 'tJr/;...'IJ Conun.ittee z)i-,j~, 'i/; V);.j Council / COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the ratification to the 1st Amendment to Valley Communications Center Governing Interlocal Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCII_ ACTION: o APPROVED o DENIED o TABLED/OEFERRED/NO ACTION o MOVED TO SECONll REAlllNG (ordinances onl)) REVISED -- 02,06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 6-\ FIRST AMENDMENT TO VALLEY COMMUNICATIONS CENTER INTERLOCALAGREEMENT RECITALS A. The undersigned municipal corporations, Auburn, Federal Way, Kent, Renton and Tukwila, the "Member Cities" which compose the Valley Communications Center ("VCC") entered into an Interlocal Agreement ("VCC lnterlocal Agreement") on or about April 17, 2000, that sets forth certain provisions, rights and obligations among the Member Cities. B. The Valley Regional Fire Authority ("VRFA") is a new Regional Fire Protection Service Authority formed to provide fire and emergency medical services within its jurisdictional boundaries which boundaries include the City of Auburn. C. The VCC Interlocal Agreement permitted the City of Federal Way to enter into a further interlocal agreement with King County Fire Protection District No. 39 for purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in VCc. D. The City of Auburn now seeks to enter into an interlocal agreement with VRFA and VCC for the same purpose and in the same manner. E. The City of Federal Way seeks to have VCC recognize King County Fire Protection District No. 39 as the Federal Way Fire Department's successor in interest for all purposes under this Agreement. NOW, THEREFORE, in consideration of the mutual rights and obligations established in the Amendment, the Member Cities hereby agree as follows: AGREEMENT 1. The following provisions are hereby added to the VCC Interlocal Agreement: Per Auburn City Council Resolution 4091 and subsequent approval by public vote, fire protection and emergency medical services previously provided by the City of Auburn became the responsibility of VRFA, a Regional Fire Protection Service Authority, which subsequently began providing fire protection an.d emergency medical services to the City of Auburn effective January 1, 2007. VCC acknovvledges VFRA will function as do the other Member City Fi're Departments, for purposes of its representation on the Operating Board and for purposes of calculating and remitting payment for dispatch services. First Amendment to Interlocal Agreement Page 1 of 5 (; _ ~ (February 27, 2008) ~ ~ ~ ~ ~ ~ ~ ~~. ~~-~ - --~..'~ -~~ ~ -'- '-' ...._._".._.~-N_ STATE OF WASHINGTON ) COUNTY OF KING ) ss. I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) . 55. COUNTY OF KING ) I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF TUWKILA as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires First Amendment to Interlocal Agreement Page 3 of 5 6 - s (February 27, 2008) '-' -' ^~~.'~"-"."--.. '-~..",-'-"-~ ->'....."'-<~:,0~~:.,w..::..:...",.,:.,...:....A:...:.. STATE OF WASHINGTON ) COUNTY OF KING ) ss. I hereby certify that on the day of , 200_1 I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF FEDERAL WAY as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires First Amendment to Interlocal Agreement Page 5 of 5 r- -"\ c:l ..- \ (February 27, 2008) ~\:, ~ ~~()\\) VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT THIS AGREEMENT is entered into among the undersigned municipalities, the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, all of which (U"e municipal corporations under the laws and statutes of the State of Washington (the "Member Cities"). RECITALS WHEREAS, the undersigned municipal corporations have established and maintain a consolidated emergency services communication center, known as the "VALLEY COMMUNICA HONS CENTER" ("ValleyCom"); and WHEREAS, this agreement is formed to be consistent with the provisions and terms of the "Interlocal Cooperation Act" pursuant to RCW 39.34, et seq.; and WHEREAS, ValleyCom provides improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the participating local governments, together with such other governmental units that have contracted with ValleyCom for communications services; and WHEREAS, one ofValleyCom's objectives is to provide consolidated telephone, radio and alarm communications and dispatching services for participating local government units; and WHEREAS, the continued maintenance, operation, and improvement ofValleyCom will be of substantial benefit to the citizens of the undersigned cities and the public in general; VALLEY COMMUNICA nONS CENTER AGREEMENT - I C \ TEMPI ValleyComAgrttmcnt. F.....doc 6-~ ORIGINAL ., '_ ',' _r.'_',_~_._._~.,._' ~ . ".; ,k',:"'_~>'-:""'-,,~~~~,'~'..._ '~~_':L''''''-,~'~ '~-,.-. a~."'...'::~~", hereby revised to include Federal Way, and, as used hereafter in this agreement, any reference to the "Member Cities" will include the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. In addition, the City of Federal Way may enter into an interlocal agreement with the Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon execution of the interlocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn, Kent, Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and. for the purposes of calculating and remitting payment for dispatch services. Subject to addition, amendment or removal by the Administrative Board, ValleyCom's powers shall include, but not be limited to, the following: a. Recommend action to the legislative bodies of the participating members; b. Review and approve budget expenditures; c. Establish policies for expenditures of budget items for the Center; d. Review and adopt a personnel policy for the ValleyCom Center; e. Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation of the ValleyCom Center; f. Conduct regular meetings as may be designated by the Administration Board; g. Determine what services shall be offered and under what terms they shall be offered; h. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this agreement; 1. Establish rates for services provided to other members, subscribers or participating agencies; J. Direct and supervise the activities of the operations board and the Center Director; VALLEY COMMUNlCA TIONS CENTER AGREEMENT - 3 C \TEMI'\ v aJIcyCo"'^u=nad.final doc CJ~I\ effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a complete termination of ValleyCom and this agreement. Upon an affirmative supennajority vote (majority plus one) by the Member Cities, ValleyCom shall be directed to wind up business, and a date will be set for final termination, which shall be at least one (1) year from the date ofthe vote to terminate this agreement. Upon the final termination date, this agreement shall be fully terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership fimding for ValleyCom, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this agreement and to have forfeited all its rights under this agreement as provided in Section 3.5. The remaining Member Cities may, at their option, withdraw ValleyCom's emergency communications support with that City or, alternatively, enter into a Subscribing Agency Agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. 3.4 Time is ofthe essence in giving any termination notice. 3.5 If an individual Member City withdraws its membership III ValleyCom, the withdrawing city will forfeit any and all rights it may have to ValleyCom's real or personal property, or any other ownership in ValleyCom, unless otherwise provided by the Administration Board. VALLEY COMMUNICA nONS CENTER AGREEMENT - 5 c. \TEMPI VaI1cyComAgrttmeDt FiDaI.doc Grl~ Officer, the fITSt meeting shall be held on the second Tuesday in February of each year to review the prior year's service and the second meeting shall be on the second Tuesday in September of each year to review and present a budget. Other meetings may be held upon request of the Presiding Officer or any two (2) members. 4.3 The Administration Board shall be authorized to establish bylaws that govern procedures of that Board and ValleyCom's general operations. 5. Operating Board. 5.1 There is further established an Operating Board which shall consist of two (2) members of each participating Member City's Public Safety Department(s), including the head of those Department(s) and/or their designee(s). Additionally, the Subscribing Agencies shan, by majority vote, elect one (I) at-large member to represent the Subscribing Agencies' police departments and one (I) at-large member to represent the Subscribing Agencies' fire department on the Operating Board. At the time set for election of the at-large members, only the Subscribing Agency representatives then in attendance will participate in the election. The Member Cities' Operating Board representatives shall not participate in the at-large member elections. The at-large members shan serve one-year terms, unless amended by majority vote of the Operating Board. The purpose and duties of the Operating Board shall be established by the Administrative Board. Each Operating Board member shall have an equal vote in all Board decisions. The Operating Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. VALLEY COMMUNlCA nONS CENTER AGREEMENT - 7 C:\TEMP\VallcyC~.Finaldoc G~IS Board's approval, rejection or modification. All modifications or revisions must have the final approval of the Administration Board. 7.2 At the time ValleyCom was first formed, the ValleyCom personnel policy previously provided for appointment to V alleyCom' s staff from personnel that were permanently appointed or assigned as dispatchers in the participating Member Cities prior to formation. Accordingly, for a period of one (1) year from the time the Federal Way Fire Department begins its transition to ValleyCom for dispatch services, ValleyCom shall give preference in hiring to those persons that were pennanently appointed as dispatchers in the Federal Way Fire Department, if those persons have the skills and abilities necessary to perform required job functions. Additional and subsequent employees, with the exception of Valley Com's Director, shall be appointed by the Director upon meeting the qualifications established by the Operating Board and adopted by the Administration Board. No employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement System, as provided by law. 8.0 Budget. 8. 1 . The Director shall present a proposed budget to the Operating Board on or before August 15 of each year, which budget shall then be presented to the Administration Board not later than September 1 of each year. However, should the Administration Board elect to budget on a biennial, rather than annual, basis, the August 15 and September I deadlines established in the previous sentence shall only apply every other year. Thereafter, the Member Cities shall be advised on the programs and objectives as contained in the proposed budget and of the required financial participation for the following VALLEY COMMUNICA nONS CENTER AGREEMENT - 9 eel TEMPlVaJlcyComAgrttmmI. F.... doc G,.\ , __"fi. '"," "",~._.4, _...."',~... .' ~:..:.~~:.,::_~~_;,~,.... 10. Policy and System Evaluation. The Director shall actively and continuously consider and evaluate all means and opportunities toward the enhancement of operational effectiveness of emergency services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the Operating Board from time to time. Any substantive change or deviation from established policy, however, shall have the prior approval of the Administration Board. 11. Additional Service Authorized. The Administration Board shall evaluate and determine the propriety of including additional communications and dispatching services for local governments, whenever so requested, and shall determine the means of providing those services, together with its costs and effects. These additional services may include, but shall not be limited to, the following: allowance for public and private buildings, additional communications and dispatching operations, and any related incidental functions. 12. Inventory and Property. 12.1 Equipment and furnishings for ValleyCom's operation shall be acquired by ValleyCom as provided by law. If any Member City furnishes equipment or furnishings for ValleyCom's use, title to the same shall rest with the respective local entity unless that equipment is acquired by ValleyCom. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to ValleyCom. In case of dissolution of ValleyCom, any assigned or loaned items shall be VALLEY COMMUNICA nONS CENTER AGREEMENf - II C,ITEMPW aIlcyComAgr=nrn.. FinaI.doc C,-l~ twenty percent (20%) of the total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new ValleyCom Dispatch Center, including all equipment, furnishings and fixtures, will constitute a critical link to the Member Cities and the Subscribing Agencies' ability to provide police, fire, and life safety protection services, particularly in times of a critical emergency or natural disaster. Consequently, this new center is essential to the preservation of the public health, safety and welfare. As a result, this center's equipment, furnishings and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the new ValleyCom Dispatch Center constitutes a "special facility" under RCW 39.04.280 (l)(b), and all purchases of any kind or nature for the new ValleyCom Dispatch Center shalI be exempt from competitive bidding requirements. 14.3 The Administration Board shall authorize, and the Chair of the Administration Board, or his or her approved designee, wilI execute contracts for the development of the new ValleyCom Dispatch Center. These contracts may include, without limitation, contracts for architectural, design, communications, project management services, real estate acquisition, engineering, and construction. 14.4 The Member Cities wilI finance the property acquisition and construction of the new facility as agreed by the Administration Board and as provided by Jaw. VALLEY COMMUNICATIONS CENTER AGREEMENT _ 13 C\TEMP\ ValleyComAgra:mem.FinaI. doc CI~ '2- \ "----~----~~---,-~-,-~.,-- '--"--.. -'-"'-~ while acting within the scope of their authority under this agreement, shall be borne by the Valley Communications Center exclusively; The provisions of this Section 19 shall survive the termination or expiration of this agreement. 20. Repealer and Ratification. All prior interlocal agreements entered into among the four original Member Cities are repealed as of the effective date of this agreement. All existing Subscribing Agency agreements will remain in effect All prior acts taken by ValleyCom or the Member Cities that are consistent with this agreement and any prior Member City inter local agreements are hereby ratified and confirmed. 21. Filing of Agreement. Upon execution, thisagreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. 22. Severability. If any part, paragraph, section or provision of this agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. 23. Execution and Effective Date. This agreement, and any amendments, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution, or ordinance. The agreement, or any amendment, shall be deemed adopted and effective upon the date of execution by the last authorized representative. VALLEY COMMUNICATIONS CENTER AGREEMENT - 15 C\TEMP\V~.Finaldoc b-- 2~ STATE OF WASHINGTON ) : ss. COUNTYOF~G ) ~~ . On thislday of . 2000, before me a Notary Public in and for the State of Washmgton, personally appeared Jim White, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument. and acknowledged it to be the free and voluntary act of said corporation. for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first~_,?,lrtOl1II'%:.. ~+,:~~.@.4A. .,'. ;:;"1: ..' ,_Ie. "':"11'''. .-.. ~ ..' +' ~.,. . .V'J. .: ~. .. ~ OT..~ ~... ": - ~ 0 I- .. .~ " : ............ 111:""'-;: - -,b: .,., - ~ .-4 - "euc ...: ~ ..., A ...~~ ... ~-^ '.~,....:.. _ft......() ~ ,.- -. ,...-~ ,:, ~ . 0 ~ .......~. .. ~~ ..... ItAS'" ,,'" ."," '.... .",,\\\" /V /.- ~;E. NOTARY PUBLIC, in and for of Washington. residing at My appointment expires STATE OF WASHINGTON ) : ss. COUNTY OF ~G ) . On this _ day of ApH I J I ,2000, before me a ~otary Public in and for the State of Washington, personally appeared ..5T'"EVEICJ f11 maLlEr, to me known to be the tn,4<fo(( --- of the City of Tukwila, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year -......"", first above ~S C"'\ ;<y>l> ......... "'+'" ~ ~- ~~ ;'~.. ,"S,ON €~'" ">-c,l" -' 'V .' c:, ~ . I f%:"1 01~RY ~': ~ ~-, ~'6 ~ ---;c. I ~ '.:f~c E;u/IJ,s ~IU \, .... pU6 o"..}!NOTARYPUBLIc.;nand~I3J' '\ ~"'~~,~,?>~~ J of Washington, residing at ~ \\;It: OF'/'Jp..S _..:' My appointment expiresz... ",,"'.....--- VALLEY COMMUNlCA TIONS CENTER AGREEMENT - 17 ClTEMPI VaD<)ComAgrean<nt.Fmardoc 6-2- S COUNTY OF KING ) I~ jJ ./ On this _ day of 1t f)f 1 , 2000, before me a Notary Public in and for the State of Washington, personally appe~d David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and vo1lUltary act of said corporation, for the uses and purposes mentioned in this instrument. and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Wilhin This 80x- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 1e~~ EILEEN ROBINSON 5T A TE OF WASHINGTON E; (~V\ 7?Db ;1150V\ NOT ARY -e- PUBLIC NOTARY PUBLIC, in and for th~te & I.IY COMMISSION EXPIRES 1-29-02 of Washington, residing at F '6t ~ My appointment expires I-or. q -l) :>- J .'~ VALLEY COMMUNICA lIONS CENTER AGREEMENT - 19 C,ITEMPlValkyC<>mAgncmmr.Finaldoc G-2'\. COUNCIL MEETING DATE: May 20, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Veterans' Education and Training Program POLICY QUESTION: Should the City oj Federal implement the Department oj Veterans Affairs "On the Job Training Program (OJT) "? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: May 13,2008 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: A. Allen I Melanie McAJlester DEPT: Police Department Attachments: Options Considered: Option # I: Accept the implementation of Veterans Affairs "On the Job Training Program" Option #2: Do not accept STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAl,: IJ.I 11,/\ \IJ W ~ \ Cncll DIRECTOR ApPROVAL: ll./J./!L./.... "A~hi1~ Conulljnee ! q41 I./, j., 7'; i/ 4<1'0' CouncI! COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chal[ Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to participate in the Veterans' Education and Training - On The Job Training Program. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COliNClL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02i06!2006 COIJNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # tt~l ~ Department of Veterans Affairs OMB Number: 2900-0160 Estimated Burden: 5 minutes Expiration Date. 9/30/2003 STATEMENT OF ASSURANCE OF COMPLIANCE WITH EQUAL OPPORTUNITY LAWS The Paperwork Reduction Act of 1995 requires us to notify you that this information collection is in accordance with the clearance requirements of section 3507 of the Paperwork Reduction Act of 1995. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a valid OMB number. We anticipate that the time expended by all individuals who must complete this form will average 5 minutes. This includes the time it will take to read instructions, gather the necessary facts and fill out the form. FEbEIZM IA}~ /i;h'~ (Name o/Organization. Institution. or Individual) (hereinafter called the"Signatoryn) HEREBY AGREES THAT: It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d et seq.), Title IX of the Education Amendments of 1972, as amended (20 U.S.c. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794), the Age Discrimination Act of 1975 (42 U.S.c. 6101 et seq.), and all Federal regulations adopted to carry out such laws. This assurance is directed to the end that no person in the United States shall, on the ground of race, color, national origin (Title VI), handicap (Section 504), sex (Title IX, in education programs and activities only), or age (Age Discrimination Act) be excluded from participation in , be denied the benefits of, or be subjected to discrimination under any program or activity of the Signatory receiving Federal financial assistance or other benefits under statutes administered by V A (Department of Veteran Affairs), the ED (Department of Education), or any other Federal agency. This assurance applies whether assistance is given directly to the recipient or indirectly through benefits paid to a student, trainee, or other beneficiary because of enrollment or participation in a program of the Signatory. The Signatory HEREBY GIVES ASSURANCE that it will promptly take measures to effect this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Signatory or ED, this assurance-shall obligate the Signatory, or in the case of transfer of such property any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. In all cases, this assurance shall obligate the Signatory for the period during which the Federal financial assistance is extended to any of its programs by V A, ED or any other Federal agency. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance, including facilities furnished or payments made under sections 104 and 244(1) of Title 38, U.S.C. Also, sections 1713, 1720, 1720A, 1741-1743, 2408, 5902{a){2), 8131-8137, 8151-8156 (formerly 613, 620, 620A, 641-643, 1008, 3402{a)(2), 5031-5037, 5051-5056 respectively) and 38 U.S.c. chapters 30, 31, 32, 35,36,82, and 10 U.S.c. chapter 106. Under the terms of an agreement between V A and ED, this assurance also includes Federal financial assistance given by ED through programs administered by that agency. Federal financial assistance is understood to include benefits paid directly to the Signatory and/or benefits paid to a beneficiary contingent upon the beneficiary's enrollment in a program or using services offered by the Signatory. The Signatory agrees that Federal financial assistance or other benefits will be extended in reliance on the representations and agreements made in this assurance; that VA or ED will withhold financial assistance, facilities, or other benefits to assure compliance with the equal opportunity laws; and that the United States shall have the right to seek judicial enforcement of this assurance. THIS ASSURANCE is binding on the Signatory, its successors, transferees, and assignees for the period during which assistance is provided. The Signatory assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to its students or trainees in connection with the Signatory's programs or services are not discriminating against those students or trainees in violation ofthe above statutes. The person whose signature appears below is authorized to sign this assurance. ,,-,":;;","o-z;Zt A t: AND TITLE OF AUTHORIZED OFFICIAL DATE ?JdL ~ {!// M~NG ADDRESS OF AUTHORI;AED 0 FIC)Al I~ ~ Uqy {)uU .i.)t::yr '0 L50( q 7/ ~(=::./)eeA-t WI! 7/V ~:AF79A9~ (AI 1 0-0 144A H-~ COUNCIL MEETING DATE: May 20, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Agreement between City of Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth POLICY QUESTION: Should the City of Federal Way I Federal Way Police Department continue to donate to Reinvesting in Youth? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: May 13,2008 CATEGORY: rg) Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: A. Allen DEPT: Police Department Attachments: I. PRHS&PS Memo 2. Agreement between Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth 3. Copy of Invoice Options Considered: 1 . Accept Reinvesting in Youth Agreement 2. Reject Agreernent STAFF RECOMMENDATION: Staff recommends Option l. CITY MANAGER ApPROVAL: ~ ~ ~ ncit DIRECTOR ApPROV AL: iJ.<4h Is<.JVJ Lf/a&/dtV}{ f]tv.tt/V) ~p~ Committee CouncIl COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval of the Agreement between City of Federal Way and Puget Sound Educational Service District Relating to Fundingfor Reinvesting in Youth, and authorize City Manager. Neal 1. Beets to sign such Agreement. .. (BELOW TO BE COII.IPLETED BY CITY CLERKS OFFICE) COlJNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances 0111\) REVISED 02/06/2006 COllNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ --- --- Page: 1 PUGET SOUND Educational Service District Invoice Detail 800 Oak.sdal. Avenue SW Renton, WA 98H1-5221 (425) 911-1184. FAX (425) 911-1199 Invoice # 0000055365 CITY OF FEDERAL WAY Invoice Date 03/26/2008 AnN: LYNETTE ALLEN po# 33325 8TH AVE 5 Due Date 04/26/2008 PO BOX 9718 Invoice Total 5,000.00 FEDERAL WAY WA 98063-9718 * Qtv. 1.00 Item Description A PORTION OF REINVESTING IN YOUTH MANAGEMENT COSTS Unit Price 5,000.00 Extension 5,000.00 * = Tax not computed on item. Invoice Subtotal: Tax: Total Extension: 5,000.00 0.00 5,000.00 -------------------------------------------~~cu~~~~~~~~~__________________________________________ ". ..- .- ".. REMIT TO: Pugel Sound Educalional Service District Invoice # 0000055365 Invoice Date 03/26/2008 IS: IR-01 Payor CITY OF FEDERAL WAY 800 Oakesdale Avenue SW Due Date 04/26/2008 (cnY OF 011) Renlon, WI 98051-5221 Invoice Amount: 5,000.00 Remit Amount: I I I--~ .. .. IV:' AGREEMENT DURATION This agreement shall be effective from January 1 to December 31, 2008. This agreement may be extended by mutual agreement of the Puget Sound Educational Service District and the City of Federal Way. . V. PAYMENT The Puget Sound Educational Service District I Reinvesting in Youth shall submit to the City of Federal Way an invoice for work to be completed under this agreement through the period specified in Section IV, in the amount of $5.000.00. VI. CORRESPONDENCE AND NOTICES All correspondence and notices related to this agreement shall be delivered or mailed to the following addresses: Reinvesting in Youth: Dana Boales Puget Sound Educational Service District 800 Oakesdale Avenue South West Renton, Washington 98055 (425) 917-7615 City of Federal Way: Brian Wilson Deputy Director of Public Safety City of Federal Way 33325 8th Ave S PO BOX 9718 Federal Way, WA 98040 (253) 661-4602 CITY OF FEDERAL WAY OFFICE OF THE CITY MANAGER PUGET SOUND EDUCATIONAL SERVICE DISTRICT Authorized Signature J~ Date ~ J~lP )08 Date :1--5