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PRHSPSC PKT 07-14-2009City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Tuesday, July 14, 2009 5:30 p.m. 1. CALL TO ORDER 2. PUBLIC COMMENT — THREE (3) MINUTES 3. COMMISSION COMMENTS 4. APPROVAL OF JUNE 9, 2009 SUMMARY 5. COMMITTEE BUSINESS City Hall Hylebos Conference Room Topic Title/Description Presenter Page Action or Info A. Martin Luther King Jr. Celebration Hynden 7 Action 07/21/09 Council B. Regional Hazard Mitigation Plan Mary 11 Action Hobday 07/21/09 Council C. Federal Way Police Department Response to Gang/Youth Violence _ D. Agreement between FWPD and Washington Auto Theft Prevention Authority for the PATROL Task Force .............. ......... _ E. Proposed Interlocal Agreement Regarding Distribution from the Sale of Bellevue Property and Indemnification of Bellevue Hwang 21 Information Hwang 25 Information Richardson 37 Action 07/21/09 Council 6. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County • Maintaining the health of trees in the City — relating to invasive species; particularly English Ivy 7. NEXT MEETING — Tuesday August 11, 2009 5:30pm — Hylebos Conference Room 8. ADJOURNMENT 2009 Committee Members: Staff: Council Member Jeanne Burbidge, Chair Steve Ikerd, Interim Director Council Member Jim Ferrell Mary Jaenicke, Administrative Assistant II Council Member Michael Park 253-835-6901 City of Federal Way City Council PARKS, RECREATION HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 9, 2009 5:30 p -m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Mike Park; Jim Ferrell, Linda Kochmar, Brian Wilson Interim City Manager, Amy Jo Pearsall, City Attorney, Interim Chief Andy Hwang, Acting Cominand r John Stieben, Ray Gross EOC Manager, Steve Ikerd, Interim Director PRCS, Linda Farmer Communicaiions and Governmental Affairs Manager, Kelli O'Donnell, CDBG Coordinator and Mary Jaenicke, Administrative Assistant 11. Chair Burbidge called the meeting to order at 5:32p.m. Public Comment: Fred Konkell spoke regarding the budget cuts to the Parks, Recreation and Cultural Services Department. He urged the City Council to re -instate the Park Planner Position. He feels that it is an important position. The. Parks Department has been without a planner for over a year, and the Department is not moving forward with any new projects. Commission Comments: Susan Honda, Chair of the Arts Commission spoke regarding the Grand Piano that is located at the Knutzen Family Theatre. The piano was purchased by the Arts Commission and the Federal Way Coalition tli�- Arts. They have been discussing the issue of the piano for the past few months. At their last :Made a motion that has two parts to it. 1. Keep the piano at the Theatre, and loan it to Centerstage Theat;:. li :Would be used for musical purposes only, and would be checked on monthly by the City_ The piano would cc turned over to the Performing Arts Center when it is built. The second motion, which was the favored motion: was to move the piano to St. Lukes Church let the Federal Symphony and the Federal Way Chorale use the piano. They would maintain it, and the city could check on it. The piano would be moved to the Performing Arts Center when that is built. She also spoke regarding the student art show that is being displayed at the Municipal Court. Update on the Marketing! Plan for the Federal Way Community Center Ms. Farmer showed the Committee the new logo and the new look of the promotional materials for the Federal Way Community Center. These mailers will be mailed to every household in Federal Way, potential Annexation area, NE Tacoma and slightly outside the City limits on the Eastside. There will be 4 direct mail postcards with a seasonal message; there will also be 2 for 1 coupons. The postcards will be mailed this week or early next week. APPROVAL. OF SUMMARY Council member Ferrell moved to approve the April and May meeting summaries. Council member Park seconded. Motion passed. BUSINESS ITEMS Community Preparedness Grant Mr. Gross stated that during the 2007 and 2008 budget process the City Council approved $100,000 for a Community preparedness grant. It was focused on providing backup power for vulnerable populations. They visited the various agencies and discovered that they were already prepared for prolonged power outages. The grant was restructured and it was broken up into the following areas: $60,000 for backup power, $25,000 general emergency preparedness projects, and $ I5,000 for communication projects. The grant was sent out to the community, and 10 grant applications were received. The applications were reviewed by a panel. A total of $49,919.65 has been awarded, leaving a balance of $50,080.35. $20,123.10 will be used in Backup power projects, $14,800.55 in General emergency preparedness projects, and $14,996.00 will be used in Communications projects. Mr. Gross would like to extend the Community Preparedness Grant Program to 2010 and use the remaining funds of $50,080.35. Council member Kochmar requested that an article regarding the grant be placed in the newspaper, so that people are aware that it is available. Council member Ferrell moved to approve the Community PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday June 9, 2009 Summary Page 2 Preparedness Grant award recommendations and extension into 2010 using the remaining funds of $50,080.35. Council member Park seconded. Motion passed. Letter of Commitment Neighborhood Stabilization Program II Ms. O'Donnell stated that there is a second round of funding for the Neighborhood Stabilization Program known as NSP 2. The amount available is approximately $2 billion nationally. It is not distributed evenly; but will be distributed on a competitive basis. There is no guarantee that any state will get funding. The minimum application is $5 million. The state Department of Community Trade and Economic Development (CTED) is putting together an application for the 5 counties that have the highest need. Those counties are Clark, King, Snohomish; Pierce and Thurston. The funds would be distributed to the areas with the highest needs. Federal Way has one Census tract that scored 18 which is the minimum they have to score. There are three additional Census tracts that scored a 17. The states proposal is that Thurston and Clark County were much harder hit, and they have enough Census tracts that are over 18 that will bring the average score above 18; they should be able to bring in the majority of Census tracts that socred 17 in on the application. There is a possibility to be able to serve 4 Census tracts in Federal Way. There is a letter of commitment that the state is asking Federal Way to sign that says we are willing to move forward and participate in the program. We can still withdraw if we choose to. They need to know by June 30 who is participating. This is another opportunity to offset the foreclosures that are happening in the Federal Way Community, and to also help people get into affordable homes. The state is applying for $50 million for the five counties, but we are unsure how much funding we would receive. This program is specifically for acquiring foreclosed properties. Council member Park moved to Support the State of Washington's application funds for NSP 2 funds and authorize the signature of the Letter of Commitment by the Interim City Manager. Staff would then be authorized to participate in development of a Neighborhood Stabilization Program Consortium Agreement to bring back for Council approval should the application be successful. Council member Ferrell seconded. Motion passed. Reprogram 2009 CDBG Capital Funds as Part of the 2010 CDBG Capital Allocation Process Ms. O'Donnell stated that the 2009 CDBG Capital project could not move forward due to the downturn in the economy. The Human Services Commission reviewed the 2009 Contingency Plan and discussed the various options that were available. Approximately $260,000 is available. The commission reviewed the list of open projects that they could add funding to per the contingency plan. There were four existing projects that CDBG funds could be allocated to. The Human Services Commission chose to allocate the available 2009 CDBG funds as part of the 2010 CDBG allocation process. This will give the commission a chance to allow for bigger projects or give them options if there are additional projects that they want to put money into. Council member Park moved to allocate available 2009 CDBG funds as part of the 2010 CDBG allocation process noting that Federal Way has 2009 and 2010 CDBG funds available and reserves the right to split the funding between years or allocate all funds in 2010 based upon the merits of applications received. Council member Ferrell seconded. Motion passed. Federal Way Community Center Cafe Construction Mr. Ikerd stated that the funding source for this project is in the 2009 carry forward that was approved in May. The construction was split out from the equipment in order to save money. They contacted seven companies from the Small Works Roster. Two of those companies submitted bids. Both companies were responsive to the bid. Rush Commercial Construction was the lowest responsive bidder. They come very highly recommended. The Engineer estimated that the cost for construction would be $60,000 before taxes. Rush Commercial Construction's bid was $54,047.13 plus tax for a total of $59,181.61. $51,942.30 will be the remaining balance in the Carry Forward budget. Council member Ferrell moved to recommend that Council accept the bid from Rush Commercial Construction and authorize the City Manager to execute a contract for Cafe Construction in the amount of $59,181.61. Council member Park seconded. Motion passed. Federal Way Community Center Cafe Equipment Mr. Ikerd reported that Three Commercial Restaurant Equipment Supply companies were invited to submit an application to the Small Works Roster and bid. Only one company responded. The design estimate was approximately $28,147.00 plus tax. Smith & Greene Company responded with a bid of $23,249.54 plus tax for a total contract amount of $25,458.25. This project will be funded out of the 2009 carry forward. After paying for the cafe construction and cafe equipment, the remaining balance in the carry forward will be $26,484.14. Council Committee suggested that staff think about the possibility of having a contest to name the Cafe at the Center. Council member Ferrell moved to recommend that Council accept the bid from Smith & Greene Company PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY.COUNCIL COMMITTEE Tuesday June 9, 2009 Summary Page 3 and authorize the City Manager to execute a contract to purchase Cafe Equipment in the amount of $25,458.25. Council member Park seconded. Motion passed. CHG Building Systems Retainage Release There was no discussion. Council member Ferrell moved to forward to full Council on June 16 for approval; the acceptance of the CHG Building Systems contract as complete and authorize staff to release their $7,733.91 retainage. Council member Park seconded. Motion passed. Application for Ballistic Vest Partnership (BVP) Grant Interim Chief Hwang stated that the Department is seeking authorization to apply for the 2009 Ballisitic Vest Partnership Grant. They are projecting that they will need 78 new ballistic vests by the end of 2011. In 2009 they would like to have half of the necessary vests. If the grant is approved it would provide funding in the amount of $15,165.00. The Federal Way Police Department would be required to match the $15,165.00_ The money to pay for the vests would come from their fuel savings. Council member Ferrell moved approval of the 2009 Ballistic Vest Partnership (BVP) Grant application, and authorize Interim City Manager Brian Wilson to sign such Agreement. Council member Park seconded. Motion passed. Renewal and Extension of Red -Li ht Photo Enforcement Professional Services Agreement Interim Chief Hwang stated that a one year contract was signed in 2008 with American Traffic Solutions. They would like to extend the contract by one year. They also have the option of extending the agreement for 2 additional 3 year terms. The Red -Light Photo Enforcement program is being expanded. Chief Hwang stated that it has been a very good company to work with. There have been very few contested cases. There is not a financial impact; the program sustains itself. Council member Park moved that the City renew and extend the terms of the existing Professional Services Agreement with American Traffic Solutions for an additional year, with the option to extend this agreement for two additional three (3) year terms. Council member Ferrell seconded. Motion passed. SECTOR Service Level Agreement with the Washington State Patrol Acting Commander Stieben reported that the Washington Association of Sheriffs and Police Chiefs (WASPC) is sponsoring a program known as SECTOR: Statewide Electronic Collision & Ticket Online Records. This will allow them to take advantage of the barcode on the vehicle registration and the driver's license. The officers will be able to scan the documents, and the data will be uploaded to a central server and sent to the courts. This will reduce the paperwork, and will also reduce the amount of time it takes to complete the reports. The Washington State Patrol will oversee the program. There are no budgetary costs to the City of Federal Way to participate in the program. Initially two police cars will have this. The Municipal Court is in agreement with the program, it will also reduce their workload. If they are happy with the program they will expand it to more police cars. Council member Ferrell moved for approval of the request by the Police Department to enter into a written agreement with the Washington State Patrol to implement the SECTOR process, and authorize the Police Chief to sign the Agreement. Council member Park seconded. Motion passed. Pending Items None NEXT MEETING — July 14, 2009 5.30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:22 p.m - 5 COUNCIL MEETING DATE: July 21, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Martin Luther King Jr. Celebration POLICY QUESTION: SHOULD THE DIVERSITY COMMISSION OBLIGATE THE CITY ON THEIR 2010 WORKPLAN TO BE THE LEAD FINANCIER AND ORGANIZER OF THE MLK CELEBRATION? COMMITTEE: PRHSPS MEETING DATE: July 14, 2009 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT_ BY_Lynnette Hynden, Human Services Manager DEPT: Community Development Services Attachments: • Memorandum to PRHSPS Council Committee, June 25, 2009 Options Considered: Approve the recommendations as proposed in the memorandum of June 25, 2009. The Diversity Commission would only continue their participation in a supporting role for the MLK Celebration should another private entity show interest and take the lead in organizing the event, including fundraising. The 2010 Work Plan will not reflect this project as a priority for the Commission unless or until another entity replaces the MLK Celebration Committee. In addition, the Council supports the preservation of MLK Celebration artifacts, to include documents and Community Flame. 2. Do not approve the Diversity Commission's recommendations. 3. Amending the proposed recommendations as expressed in the June 25, 2009, memorandum- STAFF emorandum STAFF RECOMMENDATION: Option I is recommended. CITY MANAGER APPROVAL: lv.h el jWr' DIRECTOR APPROVAL: `err Committee Council Committee Council COMMITTEE RECOMMENDATION: "Forward option #1; approve the recommendations as proposed in the memorandum of June 25, 2009, to the full Council Consent Agenda on July 21, 2009. " Jeanne Burbidge Chair Jim Ferrell Member Mike Park Member PROPOSED COUNCIL MOTION: "I move approval of option #1; approve the recommendations as proposed in the memorandum of June 25, 2009. " K \Diversity Couanission\bILK\2009\Agenda Bill for MLK.doc (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLEDIDEFERREDJNO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -02106/2006 RESOLUTION # K \Diversity Couanission\bILK\2009\Agenda Bill for MLK.doc 40k CITY OF Federal Way MEMORANDUM TO: Parks, Recreation, Human Services and Public Safety Council Committee FROM: Lynnette S. Hynden, Human Services Manager on behalf of the Diversity Commissi VIA. Greg Fewins, Community Development Specialist Department Director RE: MLK Celebration DATE: June 25, 2009 Background The Martin Luther King Celebration has been an annual event in Federal Way for sometime. Over the years, it has been Mr. Ron Walker and the MLK Celebration Committee that has been instrumental in making the event consistent and readily available to the public. The MLK Celebration Committee is a private community based organization comprised of Mr. Walker and others he has recruited over the years for the sole purpose of coordinating and sponsoring the MLK Celebration. While the Diversity Commission has been involved with the Celebration, it has been Mr. Walker's tenacity and passion via the MLK Celebration Committee that has kept the event alive and functioning. The Diversity Commission has provided a portion of its yearly funding to the Celebration Committee, however, it has been private donations raised independently by the MLK Celebration Committee over the years that have kept the event available and growing. This year, Mr. Walker announced, after a decade of working endless hours, he was stepping down from the MLK Celebration Committee to pursue other interests. As a result, it appears the MLK Celebration Committee dissolved. Mr. Walker continues to sit as a voting Commissioner on the Diversity Commission. Pending Issues In early March, a Diversity Commission exploratory sub -group was formed to examine the feasibility of the Commission taking the lead for the community's MLK Celebration by being the chief organizing agency for the yearly event, minus the independent MLK Celebration Committee. After several months of discussion two issues surfaced that appear to be barriers for the Commission to effectively organize a yearly event. First, there are significant budgetary restrictions. The Commission receives $4,000 from Council to support their yearly work plan and operating costs and if that entire budget were allotted to the celebration it would not cover the expenses of the MLK program as it has been developed by the MLK Celebration Committee over the years. The Commission cannot conduct the "fund raising" efforts likened to what the MLK Celebration Committee has done over the years because the Commission is a city entity. If they could, this last year, fundraising was very difficult for even the MLK Celebration Committee as their usual private contributors indicated that 2009 would be the last year they would be able contribute. Partners such as Weyerhaeuser, Community in Schools, local banks and even King County who in the past has contributed did not this year. It can be assumed that the Commission can not anticipate King County contributing funds in the near future due to the budgetary deficits they currently face as a result of down turn in the economy. Second issue that was raised is whether or not the Commission as a collective body is willing to organize the yearly celebration. Such organization and coordination of these types of community celebrations takes a dedication and passion that simply cannot be placed on a group which lacks that determination. A few on the Commission felt that the city has defined its mission and directs the Diversity Commission to be more active in community equity and by promoting awareness of such issues impacting all residents, rather than consuming at best half of their year and all of their resources on one event. The Diversity Commission would like to move forward in being more inclusive of others. In addition, The MLK Celebration Committee's passion and enthusiasm is not strongly shared by the entire Commission's membership therefore the Commission would struggle to achieve a Celebration equal to those of past years. Without the independent MLK Celebration Committee, the Commission would like a reprieve from placing the celebration on their work plan as a yearly event. Preserving the artifacts that are symbolic of the years in which Federal Way celebrated Martin Luther King is very important to the Diversity Commission. One of the significant symbols is the community flame. This piece of art could be displayed for many years in a public space. The years of articles can be bound and archived. The Commission would like permission from the Council to develop a comprehensive plan to store such important artifacts. At this time, the Commission seeks direction from the Council on how they see the Diversity Commission's role in upcoming years as it pertains to the MLK Celebration. Recommendations 1. The Diversity Commission recommends that they would only continue their participation in a supporting role for the MLK Celebration should another private entity show interest and take the lead in organizing the event, including fundraising. The 2010 Work Plan will not reflect this project as a priority for the Commission unless or until another entity replaces the MLK Celebration Committee. 2. The Diversity Commission would also recommend that Council support the preservation of previous MLK Celebration artifacts such as articles to memorialize the dedication of the joint collaborations between the Diversity Commission and the independent MLK Celebration Committee. The Commission especially would like to collaboratively work with the Art's Commission on the best options available to publically display the Community Flame. Ewi] COUNCIL MEETING DATE: July 21, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Regional Hazard Mitigation Plan POLICY QUESTION: Should the City of Federal Way continue participation in the Regional Hazard Mitigation Plan (RHMP) of King County? COMMITTEE: PARKS, RECREATION AND PUBLIC SAFETY MEETING DATE: July i4, 2009 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ® Resolution ❑ Other STAFF REPORT BY: Mary Hobday, EmergencyManagementSpecialist DEPT: Public Works Attachment: Memorandum to Parks, Recreation, Human Services and Public Safety Committee dated July 14, 2009. Options Considered: 1. Approve the Resolution to continue participation in the Regional Hazard Mitigation Plan of King County. 2. Do not approve the Resolution to continue participation in the Regional Hazard Mitigation Plan of King County and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the July 21, 2009 City Council Business Agenda for approval. / CITY MANAGER APPROVAL: t!-itvt x 1101 A -c1 DIRECTOR APPROVAL: Committee Council &R.ttee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the July 21, 2009 City Council Business Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): "I move approval of the Resolution to continue participation in the Regional Hazard Mitigation Plan of King County." BELOW TO BE COMPLETED B Y CITY CLERKS OFFLCE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED tsr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 11 CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: July 14, 2009 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Mary er nc Mana ement Speciaiist �;��-fie �,,l Via: Brian Wilson, Interim City Hager Subject: Regional Hazard Mitigation Plan of King County Policy Question: Should the City Council approve continuation of participation in the Regional Hazard Mitigation Plan (RHMP) of King County? Background In 2003, the City of Federal Way approved participation in the King County Regional Hazard Mitigation Plan (RHMP) and adopted the Federal Way Annex Hazard Mitigation Strategy and Initiatives via Resolution # 03- 398. FEMA requires that these plans be reviewed and updated on a five-year cycle in order to continue participation in the regional plan. The King County Office of Emergency Management is the lead agency for FEMA plan submittal. The plan review cycle is now underway and KCOEM is requesting jurisdiction Annex pages be reviewed and updated according to FEMA guidelines, with a submission deadline to KCOEM by September 1, 2009. As part of the revision, signatories are required to identify updated strategies and initiatives. A Hazard Mitigation team comprised of Federal Way Emergency Management and designated Public Works leadership is charged with identifying the revised strategy. FEMA and/or King County require that proposed revisions be approved via the following process: 1. A Resolution from the City stating its intent to continue participation in the plan. 2. A conditional adoption resolution of the revised plan Annex elements by Council prior to submittal to FEMA. The conditional acceptance must be gained through Council and must allow for public involvement. 3. Formal Adoption Resolution by Council after revised plan has been approved by FEMA. There are currently 12 jurisdictional Annexes to the regional plan including Federal Way, Auburn, Bellevue, Bothell, Burien, Duvall, Issaquah, Kirkland, Normandy Park, North Bend, SeaTac and Woodenville. There are also eight fire districts including South King Fire and Rescue, 13 utility districts including Lakehaven, three school districts including Federal Way Public Schools and multiple King County Government agencies. While each of these entities is able to submit an independent plan, signatories of the regional plan recognize that the joint effort reduces administrative burdens and facilitates communications related to hazard mitigation issues. There are two primary benefits to continuing participation in the regional hazard mitigation plan: 1. FEMA approved plans enable the participant the ability to apply for several pre and post -mitigation grants. 2. Jurisdictions with an approved mitigation plan are eligible to receive post -disaster mitigation funds in addition to the standard declared emergency disaster recovery funds_ Jurisdictions without a mitigation plan, are not eligible for the added post -disaster mitigation funds. Attachments: RHMP mission statement and objectives 12 cc: Project File How the Plan is Organized The King County Regional Hazard Mitigation plan is organized into seven basic sections. Sections 1 and 2 provide an administrative overview of the planning process Section 3 provides a comprehensive profile of the region, this information is key in understanding the various aspects of the community that are involved or can be impacted during hazard events. Section 4 profiles individual participating agencies. Section 5 includes hazard identification and vulnerability information based on the six most common hazard types that occur within our region; other hazard topics will be addressed in priority order in subsequent years. Section 6 summarizes the major hazard events and repetitive losses reported by participating agencies. Section 7 outlines the County's regional hazard mitigation strategy. Section 8 includes annexes that support the main document_ The sections are arranged in a sequence that reflects the mitigation planning process itself Mission and Vision The RHMP Taskforce developed the mission and vision statements with input from the Partner's group It was the intent of both groups to keep these statements simple and broad in scope. Mission Reduce the impact ofnatcrral, technological and human -caused disasters upon the communities within RGng G'ouaty Vision Icing County is a region cohere disasters have minimal impact on people, infrastructure and the environment-- Goals nvironment." Goals and Objectives The goals and objectives are based on the mission and vision statements and are listed in order of planning priority. Mitigation strategies and activities are based on these goals: 1) Protect Life and Property 2) Support Emergency Services 3) Increase Public Awareness 4) Preserve Natural Systems and Resources 5) Encourage Partnerships 6) Enhance Planning Activities King County Hazard Mitigation Plan Introduction 12/5/2005 13 Page 1-6 a Protect Life and Property • Implement activities that assist in protecting lives and property by making homes, businesses, infrastructures, critical facilities, and other community assets more resistant to losses from natural hazards • Maintain essential services, facilities and infrastructures during disasters • Identify populations with special needs or those who may be more vulnerable to the impacts of disasters or hazard events. • Reduce losses and repetitive damages from chronic hazard events • Provide and/or improve emergency warning systems. Support Emergency Services • Strengthen and support countywide disaster and emergency response efforts • Protect and maintain critical ficilities, infrastructures and services essential to emergency service and disaster response activities. Increase Public Awareness • Enhance the public's knowledge about hazards that occur in the region and how they can be impacted. • Support education and outreach programs to increase the public's awareness about disaster preparedness, mitigation, emergency response, and recovery activities • Develop education strategies, programs and materials to reach populations with special needs. Provide and support comprehensive education activities that address all sectors of the community. Preserve Natural Systems and Resources • Insure protection of agriculture, fish, wildlife, and natural resources. • Balance watershed planning, natural resource management, and land use planning with natural hazard mitigation to protect life, property and the environment. King County Hazard Mitigation Plan_ Introduction Page 1-7 12/5/2005 14 Encourage Partnerships • Strengthen communication and participation among public agencies, citizens, non-profit organizations, businesses and industry. • Coordinate hazard mitigation planning efforts with other local and regional organizations involved in disaster preparedness, response, and recovery activities. Enhance Planning Activities • Improve data collection and evaluation processes for identifying critical facilities, infrastructures, essential services, and populations at risk. • Improve hazard assessment information and resources. • Enhance and increase participation and representation on the Regional Hazard Mitigation Plan Taskforce and Partners Committee. •, Facilitate ongoing review and implementation of the plan. • Actively monitor and evaluate the status, implementation and completion of mitigation action items_ • Routinely review, update and enhance all aspects of the plan. King County Hazard Mitigation Plan_ Introduction Page 1-8 12/5/2005 15 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing continued participation in the King County Regional Hazard Mitigation Plan. WHEREAS, in 2003 the City of Federal Way approved adoption of the Regional Hazard Mitigation Plan and Federal Way Annex pages (Resolution 9 03-398) in recognition of its vulnerability to natural, technological and man-made disasters and its commitment toward minimizing the effects of such disasters upon the community; and WHEREAS, FEMA requires such plans to be reviewed, revised and re -submitted to FEMA for re -approval in accordance with FEMA and King County guidelines; and WHEREAS, each jurisdictional subscriber to the plan is required to submit a document of intent to continue participation in King County's Regional Hazard Mitigation Plan prior to the City's formal adoption process for approval of the Federal Way Annex pages. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of Federal Way hereby authorizes the City Manager to sign the Regional Mitigation Plan Signature Form, attached hereto as Exhibit A, as the City's letter of intent to continue participation in the King County Regional Hazard Mitigation Plan. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Resolution No. 09 - 16 Page 1 of 3 Rev 3/09 Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 12009. 9 CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON Resolution No. 09 - 17 Page 2 of 3 Rev 3/09 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 09 - 18 Page 3 of 3 Rev 3/09 E Xhi bi � A Regional Mitigation Plan Signature Form I hereby commit the jurisdiction of to actively participating in the Regional Mitigation Plan. I understand that each jurisdiction participating in the Plan is individually responsible for accomplishing the tasks listed below. o Designate a Point of Contact for. this jurisdiction to coordinate mitigation planning efforts. Point of Contact email address phone number o Ensure the governing body of this jurisdiction adopts the Regional Mitigation Plan by local ordinance. o Contribute at no cost available geographic data necessary to development of the Hazard Identification and Vulnerabjility'Analygi8 including, but not limited to. • land use data • development patterns • population figures • infrastructure systems • hazard data o Develop a Local Mitigation Strategy (LMS) based on the Hazard Identification and Vulnerability Analysis. The LMS will include: • a set of mitigation goals specific to this jurisdiction aimed at reducing long- term vulnerability to hazards • a list of mitigation projects and actions • a description of how projects and actions will be prioritized and implemented • Involvement in NIFP compliance • Other FEMA required plan components as listed o Develop a schedule for updating this jurisdiction's LMS and geographic data contained within the Regional Mitigation Plan. o Incorporate recommendations, policies, and strategies included in the LMS into other local planning tools and methods such as land use plans, Capital Improvements Plans, site review processes, and zoning ordinances. Signature of Chief Elected Official 19 Date 20 SUBJECT: Federal Way Police Department Response to Gang/Youth Violence POLICY QUESTION: INFORMATION ONLY COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: July 14, 2009 Council Committee CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY Actin Chief And J. Hwang DEPT Police Department .._............ __ __. __ __._._. g..__.._. _._._... _Y -._ . g.._ . _ _ .. _....... _._ ._.. _ _ _ ....... _..... .. ._ ._ _..__ _ . _ _..__ ........ Attachments: 1. PowerPoint Presentation Options Considered: L. No Options to Consider STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL: ,Q. -*,; Jti � a,(,' 10i y IRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL It ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 21 v rcwuar v �:■ calaticnof gang vicience, in the Puget Sound region ig County 88 homiades in 2008 Seattie 28 (1 gang related)`. Federal:Way 2 gang related_— t akota Middie Schoof and Aiderda e.Park ng shootings are' occurring` in multiple jurisdictions Kent'Re- ton&'SeattlelSeaTac my have common suspects, gang ties and victims active gams 4,355 in'Seattfe and 5,645 in King ` unty dtragency response to link communication and gang estfgators raaffiti Abetetnent,Pregrarrt �fe.Cit }/ Proje�f -Y-bas6cf �� tes ^�arrys akeha�c�ers uses a ccmb nat on of to nr c iOEM `t'f 7orlfPM .Shat ng Y ai; iel e ta� Ct on of Z vvire,es set lr r ea iq r — Fecor cs_ s oreo for egri-d ys ; „ . ZO Aczessitrle'from any cc,mpu e accessed by heFedlera� A ) o,tee ad"ng aptops m p trot veh,cies_ ¢ The ccai is to catch trim n in ne r act and m Emphas, f7e that tre FV"rs nor a fner'dtj oty fc' rreT6ers s � r` `�� h , v safeotyf.v cern T',"� r 24 SUBJECT: Agreement between Federal Way police Department and Washington Auto Theft Prevention Authority for the PATROL Task Force POLICY QUESTION: INFORMATION ONLY COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: July 14, 2009 Council Committee CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Brian Wilson, Interim Ci Manager .. _ ... --------- - .__...-. _. __.... _......... _ ..I.... _.....__ �. _.._..._g ... _. __..... ........... DEPT: Police Department _ ..._.__. _ __ _ ...- - -- -- _...... ..... _ Attachments: I. Grant Award Information 2. WATPA Interagency Agreement on Grant Awards Options Considered: 1. No Options to Consider STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL:&riy.,p�m1,/1" 4,, /A— DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 25 WASHINGTON AUTIO THEN PREVENTION AUTHOPJ TY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE, Suite 101--- Lacey, WA 98516 — Phone: (360) 292-7900 — Fax: (360) 292-7269 — Website: http://watpa,waspe.org "preventing and reducing motor vehicle thefts and other associated crime in the State of Washington. " Yfa"yEon A* 1ki1t Prann&R AuAwt June 6, 2009 Chief Brian Wilson Federal Way Police Department PO Box 9718 Federal Way WA 98063-9718 Dear Chief Wilson: We are in receipt of your revised budget proposal, which has been approved. The grant award is effective July 1, 2009 and expires on June 30, 2010. Enclosed is an award agreement. This agreement is to be signed and returned to the WATPA. No funds will be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. In addition, the grant award is subject to all Grant Awards General Terms and Conditions, and Special Conditions of the Washington Auto Theft Prevention Authority (copies enclosed). Costs will be paid on a reimbursement basis. Appropriate invoices and receipts are to be submitted no more than once each month. You will be reimbursed for actual expenses only up to the limit of the award. Congratulations on your grant award approval. We look forward to seeing positive outcomes from your efforts toward improving the motor vehicle theft problem in Washington State. If you have any questions, please contact me at 360-292-7900 or via e-mail at j lamunyon(a,waspc.org. Sincerely, on, Executive Director Auto Theft Prevention Authority JOKY BATISTE Chief - WA State Patrol MERLE PFIEFER General Public EMU. DAMMEL Insurance Industry DON PIDERCE Executive Director - WASPC Washington Auto Theft Prevention Authority HARVEY GJESDAL Sheriff -Douglas County DAN SATTERBERG Prosecuting Att � ey - King County JIM LAMUNYON Executive Director - WA TPA KEN HOHENBERG Chief—Kennewick STEVESTRACHAN Chief—Kent JOHN LOVICK Sheriff- Snohomish County MICHAEL WEST Automobile Industry AGREEMENT BETWEEN MJ, J7 WASHINGTON AUTO THEFT PREVENTION AUTHORITY WASHINGTON AUTO THEFT AUTO THEFT PREVENTION PREVENTION AUTHORITY 1. Award Recipient Name and Address: Federal Way Police Department 2. Project Title PATROL Task Force 3. Tax Identification No: 4. Grant No: 09-GG-WATPA-001 5. Amt. Approved $800,000.00 GRANT PROGRAM AWARD SHEET 6. Contact: Brian Wilson Title: Chief Telephone: 253-835-6701 7. Award Period: 07/01/09 - 06/30/10 8. Funding Authority: WASHINGTON AUTO THEFT PREVENTION AUTHORITY 9. Service Area: 10. Requests for reimbursement under this agreement are subject to the following Budget: A. Personnel 570,540.00 B. Employee Benefits 187,960.00 C. Consultants/Contracts 7,500.00 D. Travel/Trainings 5,000.00 E. Other Expenses 29,000.00 11. Total: $800,000.00 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. R THE TPA. J unyon, Executive Director TPA Date:_ /10 27 FOR THE RECIPIENT: Name: '/ w' lS� /+ G ,fir Cl,.plaf�lw Title: Date:�Ja� Special Conditions Washington Auto Theft Prevention Authority Grant Award 1. The funding under this project is for the payment of salaries, overtime, and approved benefits for sworn law enforcement officers and support personnel; equipment and technology, and training and/or travel as approved in advance by the WATPA. The particular areas for which your grant has been approved are listed in the budget section of the grant face sheet which is included in your award packet. 2. Travel costs for transportation, lodging and subsistence, and related items are allowable as specified in your approved budget. Costs are to be governed by your jurisdiction's travel policies or by those of the State of Washington. Invoices for travel expenses shall indicate which travel policies are used as a method of reimbursement. 3. In order to assist the WATPA in the monitoring of the award, your agency will be responsible for submitting quarterly Program Progress Reports and quarterly Financial Status Reports. 4. The WATPA may conduct periodic reviews or audits (program and financial) of the Auto Theft Grant Program. The grantee agrees to cooperate with the auditors. 5. The grantee agrees to abide by the terms, conditions and regulations as found in the Washington Auto Theft Prevention Authority Grant Policies and Procedures. 6. The grantee agrees that no WATPA funding for grant activities will be used to supplant funding from other sources. 28 WASHINGTON AUTO THEFT PREVENTION AUTHORITY INTERAGENCY AGREEMENT AUTO THEFT PREVENTION GRANT AWARDS GENERAL TERMS AND CONDITIONS DEFINITIONS As used throughout this AGREEMENT, the following terms shall have the meanings set forth below: 1. "WATPA" shall mean the Washington Auto Theft Prevention Authority, any division, section, office, unit or other entity of the WATPA, or any of the officers or other officials lawfully representing the WATPA. 2. "RECIPIENT" shall mean the agency, firm, provider, organization, individual, or other entity receiving financial assistance under this AGREEMENT. It shall include any SUBRECIPIENT as designated by the RECIPIENT and permitted under the terms of this AGREEMENT. 3. A "SUBRECIPIENT" shall mean a person or entity who is not an employee of the RECIPIENT, who is an individual or other entity performing all or Bart of the services under this AGREEMENT, under a separate written AGREEMENT with the RECIPIENT. It shall include any SUBRECIPIENT retained by the prime RECIPIENT as permitted under the terms of this AGREEMENT. The terms "SUBRECIPIENT" and "SUBRECIPIENTS" mean SUBRECIPIENT(S) in any tier. GOVERNING LAW AND VENUE This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the Superior Court of Thurston County, Washington. RECIPIENT NOT EMPLOYEE OFFICER, OR AGENT OF AGENCY The RECIPIENT and his/her employees or agents performing under this AGREEMENT are not deemed to be employees, officers, or agents of the WATPA in any manner whatsoever. The RECIPIENT will not hold himself/herself out as, nor claim to be an officer, employee, or agent of the WATPA by any reason hereof and will not make any such applicable claim, demand, or application to or for any right or privilege. AGREEMENT MODIFICATIONS The WATPA and the RECIPIENT may request changes in services to be performed with the funds, or in the amount of funds to be reimbursed to the RECIPIENT. Any such changes that are mutually agreed upon by the WATPA and the RECIPIENT shall be incorporated herein by 1 of 7 29 written amendment to this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. DUPLICATION OF COSTS/SUPPLANTING The RECIPIENT certifies that work to be performed under this AGREEMENT does not duplicate any work to be charged against any other AGREEMENT, SUBAGREEMENT, or other funding. The RECIPIENT shall include the provisions of this clause in any SUBAGREEMENT. NONDISCRIMINATION During the performance of this AGREEMENT, the RECIPIENT shall comply with the WATPA'S nondiscrimination plan and the federal and state laws upon which it is based. Requirements of the nondiscrimination plan are hereby incorporated by reference, and include, but are not limited to: 1. Nondiscrimination in employment: The RECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. The RECIPIENT shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of sensory, mental, or physical handicap. Such action shall include, but not limited to, the following: employment upgrading, demotion, or transfer; and recruitment or selection for training, including apprenticeships and volunteers. 2. Nondiscrimination in services: The RECIPIENT shall not discriminate against any person eligible for services or participation in the program because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam Era or disabled veterans status, or the presence of any sensory, mental or physical handicap. 3. Religious Activity: The RECIPIENT shall not use any curricula or materials, which have any religious orientation. The RECIPIENT shall not require participants under this AGREEMENT to participate in any religious activity. NONCOMPLIANCE WITH NONDISCRIMINATION PLAN In the event of the RECIPIENT'S noncompliance or refusal to comply with the above non- discrimination plan, this AGREEMENT may be rescinded, canceled, or terminated in whole or in part, and the RECIPIENT may be declared ineligible for further grant awards from the WATPA. The RECIPIENT shall, however, be given a reasonable time, in no event to exceed thirty (30) days, in which to correct this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 30 2 of 7 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 The RECIPIENT shall comply with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Section 12101 et seq. and its implementing regulations. This act provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. USE OF MINORITY AND WOMEN BUSINESS ENTERPRISES The RECIPIENT shall provide the maximum opportunity to Minority and Women Owned Business Enterprises to participate in the performance of this AGREEMENT. This condition shall be included in all SUBAGREEMENTS under this AGREEMENT. INDEMNIFICATION The RECIPIENT agrees that he or she is financially responsible (liable) for any audit exception or other financial loss to the WATPA which occurs due to the negligence, intentional acts, or failure for any reason, to comply with the terms of this AGREEMENT by the RECIPIENT and/or its agents, employees, SUBRECIPIENTS or representatives. The RECIPIENT further agrees to protect, defend, and save the WATPA, its appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the RECIPIENT'S employees or third parties on account of bodily or personal injuries, death, or damage to property or any other liability arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the RECIPIENT and/or its agents, employees, SUBRECIPIENTS, or representatives under this AGREEMENT. The RECIPIENT is responsible for ensuring that any SUBRECIPIENT(S) includes a comprehensive indemnification clause holding harmless the RECIPIENT, and the WATPA. The RECIPIENT waives his or her immunity under Title 51 RCW to the extent required by this clause. PROGRAM INCOME Program income generated by interest-bearing accounts or otherwise under this AGREEMENT shall be used for operational expenses directly related to motor vehicle theft activities not included in the total budget. 3 of 731 TREATMENT OF ASSETS The RECIPIENT shall take the following actions to secure the financial interest of the WATPA in items purchased under this AGREEMENT: 1. Title to all property purchased by the RECIPIENT, the cost of which the RECIPIENT is entitled to be reimbursed as a direct item of cost under this AGREEMENT, shall remain with the RECIPIENT provided the RECIPIENT uses the property for the same funded program purposes. 2. The RECIPIENT shall be responsible for any loss or damage to property purchased or procured with WATPA grant funding. 3. The RECIPIENT shall maintain records, perform inventories, and maintain control systems to prevent loss, damage, or theft of equipment, materials, and supplies. 4. The RECIPIENT shall maintain a non -expendable equipment inventory on file. The WATPA'S interest in equipment purchased under this AGREEMENT and prior AGREEMENTS from the same funding source is automatically transferred forward to the next AGREEMENT year at the close of the AGREEMENT period. 5. The RECIPIENT shall surrender to the WATPA all property of the WATPA prior to settlement upon completion, termination, or cancellation of this AGREEMENT. PROCUREMENT STANDARDS The RECIPIENT shall comply with the procurement policies and procedures established for their agency by their local governing body. RECIPIENTS and SUBRECIPIENTS shall be required to receive prior approval from the WATPA for using funds from this AGREEMENT to enter into a sole source agreement or contract with a value exceeding $5,000 where only one bid or proposal is received. Prior approval requests shall include: a copy of the proposed agreement or contract, any related procurement documents, and justification for noncompetitive procurement, if applicable. NONASSIGNABILITY Neither this AGREEMENT, nor any claim arising under this AGREEMENT, shall be transferred or assigned by the RECIPIENT. RIGHTS OF DATA All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks, and reports prepared by the RECIPIENT under this AGREEMENT shall be for the common use of both the RECIPIENT and the WATPA. The 4of�2 WATPA may duplicate, use, and disclose in any manner, and for any purpose whatsoever, all material prepared under this AGREEMENT. The RECIPIENT shall be required to obtain prior approval of the WATPA to produce patents, patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or in part, with funds received under this AGREEMENT. The WATPA reserves the right to determine whether protection of inventions or discoveries shall be disposed of and administered in order to protect the public interest. Before the RECIPIENT copyrights any materials produced with funds under this AGREEMENT, the WATPA reserves the right to negotiate a reasonable royalty fee and agreement. RECAPTURE PROVISION In the event the RECIPIENT fails to expend funds in accordance with state law or the provisions of this AGREEMENT, the WATPA reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of this AGREEMENT. Repayment by the RECIPIENT of funds under this recapture shall occur within thirty (30) days of demand. WRITTEN POLICIES AND PROCEDURES Written policies and procedures consistent with federal and state regulations, as applicable, shall be kept on file in the office of the RECIPIENT or its local programs and available for review. Such policies and procedures shall include, but not be limited to: personnel regulations; job descriptions; organizational charts; travel regulations; fiscal management regulations; and affirmative action policies and plans. RECORDS AND DOCUMENTS The RECIPIENT shall maintain books, records, documents, and other evidence that properly reflect financial procedures and practices, participant records, statistical records, property and materials records and supporting documentation. These records shall be subject at all reasonable hours to review and audit by the WATPA, the Office of the State Auditor, and state and federal officials so authorized by law. The RECIPIENT shall retain all such records for a period of six (6) years from termination of the AGREEMENT. If any litigation or audit is begun in the period during which records must be retained, or if a claim is initiated involving the AGREEMENT or any related agreement, the RECIPIENT must retain the related records until the litigation, audit, or claim has been finally resolved. DOCUMENTS ON FILE Documents consistent with federal and state regulations, as applicable, shall be kept on file and available for review in the office of the RECIPIENT or its local programs. Such documents shall include, but not be limited to; Articles of Incorporation/Tribal Charter; by-laws; IRS Nonprofit Status Certification; and latest agency audit. 33 5 of 7 APPLICABLE LAWS AND REGULATIONS The RECIPIENT shall comply with all applicable laws, ordinances, codes, regulations, and policies of state and federal governments, as now or hereafter amended. POLITICAL ACTIVITIES PROHIBITED No award funds may be used in working for or against ballot measures or for or against the candidacy of any person for public office. DISPUTES Except as otherwise provided in this AGREEMENT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the WATPA, a representative appointed by the RECIPIENT, and third party mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. LEGAL PROCEEDINGS In the event the WATPA is required to institute legal proceedings to enforce any provision of this AGREEMENT, and is the prevailing party, the WATPA shall be entitled to its costs thereof, including reasonable attorneys' fees. TERMINATION OF AGREEMENT If, through any cause, the RECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the RECIPIENT shall violate any of the covenants, agreements, or stipulations of this AGREEMENT, the WATPA shall thereupon have the right to terminate this AGREEMENT and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the RECIPIENT describing such default or violation. 2. Notwithstanding any provisions of this AGREEMENT, either party may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for RECIPIENT services performed, and not otherwise paid for by the WATPA prior to the effective date of such termination, shall be as the WATPA reasonably determines. 4. The WATPA may immediately and unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work and budget, if there is a reduction in funds by the source of 34 6of7 those funds, and if such funds are the basis for this AGREEMENT. Such termination shall be effective when the WATPA sends written notice of termination to the RECIPIENT. SEVERABILITY In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this AGREEMENT that can be given effect without the invalid term, condition, or application. To the end the terms and conditions of this AGREEMENT are declared severable. AUDIT REQUIREMENTS 1. State Funds Audit Requirements This AGREEMENT includes state funds. RECIPIENTS expending $75,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards, (The Revised Yellow Book) and according to Generally Accepted Accounting Standards (GRAS). If RECIPIENT has an OMB Circular A-133 audit, it meets these requirements. The RECIPIENT shall include the above audit requirements in any SUBAGREEMENTS granting state funds to sub recipients. 2. The RECIPIENT must send a copy of the audit report no later than nine months after the end of the RECIPIENT'S fiscal year(s) to: Washington Auto Theft Prevention Authority 3060 Willamette Drive NE Lacey WA 98516 ATTN: Grant Services Coordinator 3. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The RECIPIENT must respond to WATPA requests for information or corrective action concerning audit issues within 30 days of the date of request. SPECIAL PROVISION The WATPA'S failure to insist upon strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this AGREEMENT. 7 of 15 36 COUNCIL MEETING DATE: July 21, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED INTERLOCAL AGREEMENT REGARDING DISTRIBUTION OF PROCEEDS FROM THE SALE OF BELLEVUE PROPERTY AND INDEMNIFICATION OF BELLEVUE POLICY QUESTION: SHOULD CITY COUNCIL APPROVE THE PROPOSED INTERLOCAL AGREEMENT TO DISTRIBUTE THE CITY'S PROPORTIONATE SHARE OF PROCEEDS FROM THE SALE OF PROPERTY TO BE USED FOR THE SCORE FACILITY AND INDEMNIFY BELLEVUEW, AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT? COMMITTEE: PRHS&PS MEETING DATE: July 14, 2009 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: PATRICIA RICHARDSON CITY ATTORNEY DEPT: Law In 2000 the Federal Way and other cities entered into an agreement with King County for jail services for the cities' misdemeanants. Under that agreement King County transferred three parcels to Bellevue with the condition that the property was to be used for the cities' misdemeanants in the future, because the County would no longer provide jail services after 2012. Under a separate agreement Bellevue is liable for all of the proceeds if one city fails to use the proceeds for to build a jail. The cities collectively determined that a jail in Bellevue was not convenient. Consequently, the South King County cities commenced discussions, and Council approved the interlocal agreement forming SCORE and the interlocal agreement for contributing to the building of the SCORE jail in Des Moines. Federal Way's initial contribution is its proportionate share of the proceeds in the amount of $971,638.82 from the sale of the Bellevue property- The projected date to commence construction is August September of this year. The proposed interlocal agreement sets forth the City's share of the proceeds to be applied to the SCORE jail and sets forth the understanding that the proceeds are limited for jail services or King County may sue for breach of contract_ Attachments: Proposed interlocal agreement regarding proceeds distribution; attachment showing distribution to all cities. Options Considered: 1_ Approve the proposed interlocal agreement regarding proceeds distribution from the sale of Bellevue property, and authorize the Interim City Manager to execute said agreement. _ ____..___..._._._ 2_Reject the proposed interlocal agreement.- -- - _- - __._..__..._.___ STAFF RECOMMENDATION: Approve he roposed interlocal�regarding ion of proceeds CITY MANAGER APPROVAL: itt ounci Committee Council COMMITTEE RECOMMENDATION: "I MOVE APPROVAL OF OPTION 1 AND FORWARD TO FULL COUNCIL FOR JULY 21, 2009 CITY COUNCIL MEETING. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option I" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # _ ❑ DENIED IST reading Enactment ❑ TABLED/DEFERRED/NO ACTION reading ❑ MOVED TO SECOND READING (ordinances only) 37 ORDINANCE # REVISED - 02/06/2006- - - RESOLUTION 4 PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT This Proceeds Distribution and Hold Harmless Agreement (Agreement) is entered into between Federal Way (JAG City) and the City of Bellevue and is effective upon the date of the last signature below. RECITALS A. Whereas, King County entered into a Jail Services Agreement (JSA) with many of the cities located in King County (Contract Cities) to house and provide jail services for Contract Cities' misdemeanants; B. Whereas, the JSA provides for the transfer of real property located in Bellevue with tax parcel numbers 2825059291, 2825059292, and 2825059015 (Jail Property) to the City of Bellevue on behalf of the JAG Cities to facilitate the Contract Cities reducing their jail population housed by King County as provided in Section 1 I of said JSA; C. Whereas, Section 12 of the JSA provides that the Jail Property (or the proceeds from its sale [Proceeds]) will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step of the population reduction schedule in the JSA; D. Whereas, Section 12 of the JSA further provides that in the event the Contract Cities do not meet the objectives set forth in said section, King County would be entitled to return of Proceeds; E. Whereas, on October 31, 2002, the City of Bellevue and King County entered into a Land Transfer Agreement [City of Bellevue Clerk's Receiving 9 330141 conveying the Jail Property to the City of Bellevue on behalf of all cities in King County (JAG Cities) for the purposes described in Section 12 of the JSA; F. Whereas, JAG Cities, except Kent and Enumclaw, entered into an Interlocal Agreement for Jail Administration (Interlocal Agreement) in part to create rules for administering the obligations related to Sections 11 and 12 of the JSA; G. Whereas, the obligations of Section 12 of the JSA are incorporated into Section 7.1 of the Interlocal Agreement including its application to all King County Cities; H. Whereas, on March 16, 2009, the City of Bellevue (Bellevue) sold the Jail Property to Seattle Children's Hospital for $13 million; I. Whereas, on March 26, 2008, the Assembly created by the Interlocal Agreement approved the distribution of Jail Proceeds; - 1-38 July 7, 2009 Whereas, some Cities have acted to designate their portion of the Proceeds towards fulfilling their obligations under the JSA through undertakings such as the SCORE facility; K. Whereas, it is the intent of this Agreement that Bellevue stand in no worse (or better) position than any other JAG City with respect to liability or costs associated with the distribution of and/or possible return of Proceeds to King County because of its unique obligations to King County in Section 12 of the JSA as incorporated into the Interlocal Agreement (unique Section 12 obligations); L. Now therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and as a precondition for receipt of said Proceeds, the JAG City and Bellevue agree: AGREEMENT 1. Per the Jail Oversight Assembly approved formula noted in the city -by -city proceeds distribution (Attachment A), Bellevue shall pay JAG City, $ 592,399.79 (representing $ 596,939.04 - its proportionate share of the Proceeds/Interest minus $ 4,539.25 its proportionate share of the expenses Bellevue may recoup as provided in Section 7.2 of the Interlocal Agreement) within 30 days of the execution of this Agreement. 2. Upon receipt of said Proceeds, JAG City acknowledges and agrees that Bellevue has lawfully discharged all obligations and duties of Bellevue to that JAG City under the first paragraph of Section 7.2 of the Interlocal Agreement, and that Bellevue is discharged from all of its obligations and duties to that JAG City under the second paragraph of Section 7.2 of the Interlocal Agreement. JAG City will abide by all requirements regarding the use of and goals related to the proceeds as provided in Section 7.1 of the Interlocal Agreement (whether a party to a JSA or not). JAG City will only leave or place a City Inmate in King County Jail after December 31, 2012 (post 2012 inmate housing) if King County confirms in writing that this post 2012 inmate housing does not violate the population reduction schedule referenced in Section 12 of the JSA and incorporated into Section 7.1 of the Interlocal Agreement. 4. Should there be a determination that a JAG City failed to abide by the requirements of Section 7.1 (at -fault JAG City) triggering an obligation for Bellevue to return all or part of the at -fault JAG City's Proceeds and any required interest to King County, said Proceeds shall be paid to Bellevue within 10 working days of written notice unless the at -fault JAG City makes other acceptable arrangements with Bellevue and/or King County or the at -fault JAG City obtains injunctive or other legal relief against King County that absolves Bellevue of any legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day period. -2-39 July 7, 2009 5. Bellevue and JAG Cities maintain that King County may only require return of Proceeds from an at -fault JAG City. However, if there is a determination that there is an obligation to return to King County Proceeds in an amount in excess of the amount distributed to an at -fault JAG City(s) then each non at -fault JAG City shall pay up to the full amount of its Proceeds and any required interest to Bellevue within 10 working days of written notice unless the non at -fault JAG City makes other acceptable arrangements with Bellevue and/or King County or the non at -fault JAG City obtains injunctive or other legal relief against King County that confirms Bellevue has no legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day period. If the obligation to return Proceeds is in excess of the at -fault JAG City's distribution, but less than each JAG City's full Proceeds, the amount due King County from the non at -fault JAG Cities shall be a prorated amount based on the percent of Proceeds received to the total Proceeds minus the amount representing the at -fault JAG City's share. The same prorated formula shall apply to required interest due from non at -fault JAG Cities. 6. Should Bellevue be sued for return of proceeds solely because of its unique Section 12 obligations, the alleged at -fault JAG City(s) shall immediately undertake the defense of Bellevue and pay all expenses and costs (including attorney's fees) associated with said defense whether or not said JAG City maintains it is or is ultimately determined to be not at -fault. Should King County be entitled to its attorney's fees in the suit, the at -fault JAG City shall hold Bellevue harmless and indemnify Bellevue from any liability or costs associated with the obligation to pay King County's attorney's fees. 7. Should Bellevue be the only party sued based on the alleged fault of other JAG Cities, those alleged at -fault JAG Cities agree to stipulate to being named as defendants with the concurrence of Plaintiff and/or not oppose Bellevue's motion to be included in the suit as an indispensible party. The obligations of Paragraph 6 shall apply whether or not the alleged at -fault JAG City is named in the litigation. 8. If King County sues Bellevue for return of proceeds because of Bellevue's alleged violation of Section 12 of the JSA regarding use of proceeds or the reduction in jail population along with other JAG Cities for their violations, each party will undertake its own defense at its own cost. 9. At -fault JAG Cities shall be responsible for costs of whatever form or nature associated with Bellevue's unique Section 12 obligations, including but not limited to staff costs in coordinating and collecting proceeds or attorneys fees, and including administrative costs Bellevue incurs even where timely payment of Proceeds is made. Said costs shall be prorated among at -fault JAG Cities as appropriate. 10. In the event Bellevue incurs liability or costs associated with its unique Section 12 obligations and said liability or costs are not addressed in any other provision of this Agreement, each JAG City shall indemnify, hold harmless and defend Bellevue and -34o July 7, 2009 its elected officials, employees agents and representatives from and against any and all claims, demands, causes of action, liabilities, judgments, settlements, damages or costs, including reasonable attorney's fees of whatever form related to Bellevue's unique Section 12 obligations in proportion to its share of the proceeds. 11. Each JAG City shall keep its. Proceeds in a segregated fund and keep records sufficient to demonstrate that all expenditures of the Proceeds comply with Section 7.1 of the Interlocal Agreement. Said records shall be kept for at least 6 years from the date of the expenditure of the last Proceeds of the JAG City. 12. The JAG City representative who will be responsible for management and expenditure of the fund and for receiving notices related to the obligations under 7.1 of the Interlocal Agreement is (include name, title, address & phone #): a. Bryant Enge, Financial Services Administrator P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-2510 JAG City shall notify Bellevue of any change in this designated representative or contact information. 0 13. The City of Bellevue as a recipient of $ 971,638.82 (representing $ 979,083.98 - its proportionate share of the Proceeds/Interest minus $ 7,445.16 its proportionate share of the expenses) is also a JAG City and in that capacity shall be bound by the same terms under this Agreement as any other JAG City. 14. This Agreement shall be authorized by each JAG City's legislative body or other authorizing authority if not within authority of legislative body. 15. General Provisions: A. Governing Law; Forum. The Agreement will be governed by the laws of Washington and its choice of law rules. The JAG City consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement, and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. B. Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. -4-41 July 7, 2009 C. Nonwaiver. Any failure by a party to enforce strict performance of any provision of the Agreement will not constitute a waiver of that party's right to subsequently enforce such provision or any other provision of the Agreement. D. No Assignment. Neither the Agreement nor any of the rights or obligations of the JAG City arising under the Agreement may be assigned without Bellevue's prior written consent. Subject to the foregoing, the Agreement will be binding upon, enforceable by, and inure to the benefit of, the parties and their successors and assigns. E. Notices. All notices and other communications under the Agreement must be in writing, and must be given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the communication is to be given, at its address set forth in this agreement. F. Legal Fees. 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