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PRHSPSC PKT 02-09-2010MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: January 12, 2010 B. Endorsement of Dispute Resolution Services in Federal Way. C. Valley Communications Refunding Bonds D. United Way of King County - New Solutions Impact Council Grant Award ILCA between Auburn, Federal Way, Kent, E. Renton, Tukwila and the Port of Seattle for the Creation of the Valley Civil Disturbance Unit (VCDU) F. Janitorial Services for Dumas Bay Centre G. Fee Increase for Picnic and Special Event Reservations H. 2010 Parks Commission Work Plan. I. Third Amendment for Parking Lot Vacuuming J. WM. Dickson Retainage Release K. Third Amendment for Portable Toilet Services L. Criminal Code Update - Cyberstalking City of Federal Way Presenter Page City Council 3 Parks, Recreation, Human Services & Public Safety Committee Enge 5 February 9, 2010 City Hall 5:30 p.m. H lebos Conference Room Enge 13 Action MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: January 12, 2010 B. Endorsement of Dispute Resolution Services in Federal Way. C. Valley Communications Refunding Bonds D. United Way of King County - New Solutions Impact Council Grant Award ILCA between Auburn, Federal Way, Kent, E. Renton, Tukwila and the Port of Seattle for the Creation of the Valley Civil Disturbance Unit (VCDU) F. Janitorial Services for Dumas Bay Centre G. Fee Increase for Picnic and Special Event Reservations H. 2010 Parks Commission Work Plan. I. Third Amendment for Parking Lot Vacuuming J. WM. Dickson Retainage Release K. Third Amendment for Portable Toilet Services L. Criminal Code Update - Cyberstalking Hynden 21 Action Hwang 33 Action Ettinger Action Presenter Page or Info 3 Action Enge 5 Action Enge 13 Action Hynden 21 Action Hwang 33 Action Ettinger 47 Action Ikerd 51 Action Ikerd 57 Action Ikerd 59 Action Ikerd 61 Action Ikerd 63 Action Pearsall 65 Action 5. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, March 9, 2010 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Council Date N/A Resolution 2/16/10 Ordinance First Reading 2/16/10 Consent 2/16/10 Consent 2/16/10 Consent 2/16/10 Consent 2/16/10 Consent 2/16/10 Consent 2/16/10 Consent 2/16/10 Consent 2/16/10 Ordinance First Reading 2/16/10 Committee Members _ City Staff Jeanne Burbidge, Chair Cary M. Roe, P. E., Director of Parks, Public Works and Emergency Management Roger freeman MaryJaenicke, Administrative Assistant 11 Mike Park City of federal Way City Council PARKS RECREATION HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 12, 2010 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge and Committee members Mike Park and Jim Ferrell Council Members in Attendance: Mayor Linda Kochmar Staff Members in Attendance: Brian Wilson, City Manager/Police Chief, Amy Jo Pearsall, City Attorney, Cary Roe, Director of Parks, Public Works and Emergency Management, Assistant Chief Andy Hwang, John Hutton, Recreation Supervisor, Steve Ikerd, Parks & Facilities Manager, Commander Chris Norman, Commander Stan McCall and Mary Jaenicke, Administrative Assistant Il. Guests: Susan Honda Arts Commission Chair, David Bauch, Arts Commission Vice -Chair Chair Burbidge called the meeting to order at 5:31p.m. Public Comment: Ms. Honda reported that on January t, 2010 her neighbor's house alarm went off. The police came four different times, they walked around the property and could not find any signs of forced entry, and they could do nothing about the alarm. Her concern is that the neighbors were scheduled to be out of town for three days, and they would've have had to listen to the alarm for three days, if they had been unable to contact one of the neighbors children, to come and turn it off The alarm is not monitored and is not registered with the City. Interim City Manager Wilson stated that by Ordinance the homeowners are responsible for the service calls. He stated that they can contact the homeowner and make sure that they have their alarm serviced, and that they register their alarm. Commission Comments: Ms. Honda reported that there will be a special opening reception of Artist Becci Crowe's African Wildlife and Tribal Portraits. The portraits will be hung on January 16th from 2-4. Ms. Crowe will also be at the Theatre on February 28m from 2-4pm presenting her Adventures with African Wildlife and Tribal Cultures. This will feature film footage of her adventures in Africa. A reception will follow the program. APPROVAL OF SUMMARY Council member Park moved to approve the December meeting summary. Council member Ferrell seconded. Motion passed. - BUSINESS ITEMS Arts Commission 2010 Work Plan Mr. Hutton reported that Arts Commission held their annual retreat, and developed their work plan for the upcoming year. The work plan outlines projects, programs and funding for the year. In 2010 the Arts Commission will focus on updating the Cultural Plan, improving public relations with the press, newsletters and web information. They are also going to create a brochure of public art that is in the City. Council member Park asked if there was anything new in the work plan. Mr. Hutton answered that the catalogue on public art is new. There is a lot of public art throughout the community. Ms. Honda stated that they are going to partner with the rhododendron gardens when they open up. The Federal Way Symphony will be involved, and they may have a photography class. Council member Ferrell moved to forward the Arts Commission 2010 work plan to City Council for approval on January 19, 2010. Council member Park seconded. Motion passed. Arts Commission Contract for Services Mr. Hutton stated that the Contract for Services Program is a program that funds local arts organizations that provide cultural programs within the community. The city serves as a partner in the provision of services. Local arts organizations completed an application. Those applications were reviewed by the Arts Commission, and each organization was interviewed. The budget for the 2010 Contract for Services is $40,000.00. Council member Ferrell moved to forward the Arts Commission 2010 Contract for Services recommendations to City Council for approval on January 19, 2010. Council member Park seconded. There was a short discussion on Show Stoppers; they were not funded because they did not have a fully developed program at this time. Motion passed. PARKS, RECREATION, Hi. -MAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday January 12, 2010 Summary Page 2 The Police Department is requesting permission to utilize anticipated carry forward funds to purchase 7 new bicycles to support the newiv created Special Operations Unit (SOU) Commander Norman stated that the bicycles are going to be the primary mode of transportation for the newly created Special Operations Unit (SOU). Their primary focus will be the downtown core, trails and city parks. The unit will consist of one supervisor and six officers. This unit was created by restructuring the organization. The full implementation of the unit is a high priority. The funding source will come from the anticipated carry forward from the 2009 budget. Council member Park asked what the depreciation on the bikes is. Commander Norman answered that it is very subjective; it depends on how well the bikes are maintained, the quality of those bikes and how much they are used. He is estimating that they will get extended service out of these bikes, because they are high quality bikes, and is anticipating having an in-house bike mechanic as a part of the team. The budgetary impact is minimal. The bike frames have a life time warranty. Mr. Wilson stated that bikes they have now were purchased in 1998, and they received 10-12 years worth of use out of those bikes. They are now replacing those bikes. He also stated that these bikes are designed specifically for police. This unit will be a year around operation. Council member Park moved to approve the purchase of police bicycles for the Special Operations Unit. Council member Ferrell seconded. Motion passed. Purchase of three new police motorcycles Commander McCall reported that the Police Traffic Unit started out with the Kawasaki motorcycles, in 2006 they transitioned to Harley-Davidson motorcycles, and in 2007-2008 they moved to a partial lease and partial ownership program with Harley-Davidson. In early 2009 Harley-Davidson discontinued their leasing program. Eventually the department will need to replace all of their leased motorcycles. The department has been researching replacement motorcycles and the new Honda ST 1300P seems to be the best choice_ Several other local police agencies have also converted to the new Honda ST 1300P. They have experienced a higher than expected maintenance costs for the Harley-Davidson. They are requesting to purchase three new Hondas now. These would replace the one motorcycle that they have already turned in, and their two oldest Harley-Davidson. Council member Ferrell moved to approve the purchase of three new Honda motorcycles to replace one expired lease and two older Harley- Davidsons. Council member Park seconded. Motion passed. Chet's Roofing Retainage Release Mr. Ikerd reported that the roof of the large caretaker house located at West Hylebos Wetland Park has been replaced. The project is completed and he is requesting permission to release the retainage. There was no discussion. Council member Park moved to forward this to full Council on January 19 for approval; the acceptance of the Chet's Roofing contract as complete and authorize staff to release their $16,223.75 retainage. Council member Ferrell seconded. Motion passed. Second Amendment for Janitorial Services Mr. Ikerd stated that SBS Janitorial Services has been providing janitorial services at City Hall and the Steel Lake maintenance office. He is requesting to extend their contract for two more years. The cost is $48,000.00 per year. The original contract was for $154,735.52. Due to budget cuts their contract was reduced by $23,639.80. Council member Park asked if there was a reduction in services because of the reduction in their contract. Mr. Ikerd answered that in 2009 the service was cut considerably. The major lobbies and areas are still being vacuumed daily, but staff areas are not. Mr. Roe added that staff has also been asked to do a little bit more such as centralizing where they put their garbage. Council member Park moved to amend the term of the contract for an additional two years and increase the compensation by $96,000.00. Council member Ferrell seconded. Motion passed. Criminal Code Update — Dog Breeding Practices Ms. Pearsall reported that the State Legislature passed a Bill regarding dog breeding practices. The Ordinance allows it to be incorporated into the City code. There was no discussion. Council member Ferrell moved to approve the proposed ordinance modifying FWRC 9.10.010. Council member Park seconded. Motion passed. NEXT MEETING February 9, 2010 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 5:55 p.m. COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ENDORSE THE FEDERAL WAY MUNCIPAL COURT'S AGREEMENT WITH THE DISPUTE RESOLUTION CENTER OF KING COUNTY FOR ALTERNATIVE DISPUTE RESOLUTION SERVICES FOR THE CITIZENS OF THE GREATER FEDERAL WAY AREA. POLICY QUESTION: Should City Council endorse the use of alternative dispute resolution services through the Dispute Resolution Center of King County. COMMITTEE: PRRSPC MEETING DATE: 2/9/2010 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Judge David Larson, Presiding Jude DEPT: Municipal Court - - ... _ ..__... Attachments: Exhibit A Background: RCW 7.75 allows the city council of any city to form such a center. If the council chose to form a DRC it could either create a city department like Bellevue or Vancouver, or the council could simply allow for the formation of an independent non-profit. Another alternative that would not require the council to formally form a DRC would be to simply promote the use of an existing DRC in our city. The Dispute Resolution Center of King County (DRCKC) was formed by the King County Council and operates as an independent 501(c)(3) in North Seattle. One idea was to form a DRC and then contract with DRCKC to run a city sponsored DRC. DRCKC originally proposed a price tag of $80,000+ per year to operate a city created DRC. Judge Larson negotiated an agreement where we simply let them use the court facility in exchange for them providing their existing ADR services to the people of Greater Federal Way. Options Considered: 1) City Council endorses the Federal Way Municipal Court Agreement's with the Dispute Resolution Center of King County. 2) City Council opposes the Federal Way Municipal Court Agreement's with the Dispute Resolution Center of King County and provides direction to staff. STAFF RECOMMENDATION: 1) City Council endorses the Federal Way Municipal Court's agreement with the Dispute Resolution Center of King County. CITY MANAGER APPROVAL: ,Q;/„/�,„ 0001/-2010 DIRECTOR APPROVAL: Commitlee Council Committee Council 5 CONIMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): [move to forward the ordinance to a second reading for enactment on the (fill in date) consent agenda. 2"D READING OF ORDINANCE (CONSENT AGENDA DATE): "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 11T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading . ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -02/06/2006 RESOLUTION # 6 Exhibit A Memo To: Bryant Enge From Judge David Larson Date: 2/1/2010 Re: Endorsement of Dispute Resolution Services in Federal Way Judge Larson approached city management in the Spring, 2008 to discuss the formation of a dispute resolution center (DRC) in Federal Way. RCW 7.75 allows the city council of any city to form such a center. If the council chose to form a DRC it could either create a city department like Bellevue or Vancouver, or the council could simply allow for the formation of an independent non-profit. Another alternative that would not require the council to formally form a DRC would be to simply promote the use of an existing DRC in our city. The Dispute Resolution Center of King County (DRCKC) was formed by the King County Council and operates as an independent 501(c)(3) in North Seattle. There are no DRCs operating in South King County and DRCKC wants to expand its base of services in South King County. One idea was to form a DRC and then contract with DRCKC to run a city sponsored DRC. DRCKC originally proposed a price tag of $80,000+ per year to operate a city created DRC. Judge Larson negotiated an agreement where we simply let them use the court facility in exchange for them providing their existing ADR services to the people of Greater Federal Way. The DRCKC signed an agreement with the court last year for the use of empty conference rooms to allow DRCKC to provide local low cost alternative dispute resolution services in Federal Way. DRCKC will not house staff at the Court or anywhere in City Hall. This agreement would avoid all of the start-up costs and salaries needed to form and operate our own DRC in Federal Way yet provide the same benefits of a DRC formed under RCW 7.75. You can visit DRCKC's website at . .............................. This agreement has no budget impact and the services provided will be invaluable to the people of Federal Way. We attach a proposed resolution that would endorse the use of the KCDRC and further provide for the encouragement of city departments to use ADR as a means of resolving disputes where appropriate. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON ENDORSING THE USE OF ALTERNATIVE DISPUTE RESOLUTION SERVICES THROUGH THE DISPUTE RESOLUTION CENTER OF KING COUNTY WHEREAS, the health and vitality of any community is enhanced when the inhabitants of that community can resolve their disputes quickly and inexpensively, and WHEREAS, the resolution of disputes can be costly and complex in a judicial setting when the parties involved are in an adversary posture and subject to formalized procedures, and WHEREAS, unresolved or continued disputes are costly to communities through increased police response, increased crime, disruption of commerce, and general neighborhood and community discord; and WHEREAS, alternative dispute resolution processes can meet the needs of Federal Way citizens by providing a forum in which persons and entities may voluntarily participate in the resolution of disputes in an informal and less adversarial process; and WHEREAS, the use of alternative dispute resolution processes in the context of Federal Way's neighborhoods, businesses, schools, and overall community can enhance relationships throughout Federal Way, and WHEREAS, city and community resources which are now devoted to the resolution of disputes through criminal and civil judicial system may be conserved and/or better utilized by having alternative dispute resolution services better available in Federal Way; and Resolution No. 09 - 3 Page I of 4 Rev t/10 WHEREAS, building community awareness, community partnerships, a sense of community ownership, identifying needs, and coordinating services is a vital part of the success of any community based alternative dispute resolution program; and WHEREAS, the Dispute Resolution Center of King County is a non-profit formed by enactment of the King County Council to provide mediation and other alternative dispute resolution services throughout King County under RCW 7.75, and .. WHEREAS, the City of Federal Way could create its own dispute resolution center under RGW 7.75, and WHEREAS, it will be more economical for the people of Federal Way to enter into an interlocal service agreement with an existing entity already providing alternative dispute resolution services; and WHEREAS, the Federal Way Municipal Court entered into an interlocal agreement for alternative dispute resolution services in April 2009 at no taxpayer expense; and WHEREAS, City of Federal Way departments can benefit on occasion from resolving its disputes through the use of low cost mediation services, and WHEREAS, the people of Federal Way deserve stewardship of city resources. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council endorses the Federal Way Municipal Court's agreement with the Dispute Resolution Center of King County for alternative dispute resolution services for the citizens of the Greater Federal Way area. Resolution No. 09 - 9 Page 2 of 4 Rev 1/10 Section 2_ The City Council further directs that the City Manager develop protocols for the use of the Dispute Resolution Center of King County by City of Federal Way departments to assist in the resolution of disputes when appropriate. Section 3. 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. Section 4. 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. a Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed Section 6. 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 , 20 Resolution No. 09 - 10 Page 3 of 4 Rev t/10 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution &.09 - 11 Page 4 oj4 Rev 1/10 12 COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY COMMUNICATIONS REFUNDING BONDS ITEM #: POLICY QUESTION: Should the City approve defeasing and refunding of General Obligation Bonds issued to finance construction, equipment, and land for a Valley Communications Center. COMMITTEE: PRHSPC MEETING DATE: Feb 9, 2010 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Bryant Enge, Financial Services Administrator DEPT: City Manager's Office Attachments: Proposed Ordinance Background: In 2000, the Valley Communications Center Development Authority was created to issue $12,758,000 in General Obligation Bonds to finance construction, equipment, and land for a new emergency radio communication system. Five participating cities are each responsible for one-fifth of the debt obligation. The current economy has created a favorable interest rate climate whereby refunding the outstanding bonds would result in potential debt service savings to the Authority and Member Cities. The outstanding debt at the time of issuance of the refunding bonds will be $5,345,000. The projected savings from refunding the outstanding bonds is $389,613. The potential savings to the City is $77,923. Options Considered: 1) Authorize the ordinance to pledge the City's full faith and credit toward the payment of its share of debt service on the refunding bonds. 2) Not authorize the ordinance to pledge the City's full faith and credit toward the payment of its share of debt service on the refunding bonds and provide direction to staff. 3) STAFF RECOMMENDATION: 1) Authorize the ordinance to pledge the City's full faith and credit toward the payment of its share of debt service on the refunding bonds. CITY MANAGER APPROVAL: y/ahM DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): I move to forward the ordinance to a second reading for enactment on 13 the (fill in date) consent agenda. 2"D READING OF ORDINANCE (CONSENT AGENDA DATE): "I move approval of (BELOW TO BE COMPLETED BF CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL SILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordi.ances only) ORDINANCE # REVISED - 02/0612006 RESOLUTION # 14 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, pledging the City's full faith and credit toward the payment of its share of debt service on refunding bonds to be issued by the Valley Communications Center Development Authority and approving certain matters related thereto. WHEREAS, pursuant to Ordinance No. 00-369 adopted by the City of Federal Way (the "City") on April 18, 2000 and Chapter 39.34 RC W, the Interlocal Cooperation Act, the City entered into the Valley Communications Center Interlocal Agreement, effective April 17, 2000 (the "Interlocal Agreement"), with the Cities of Renton, Auburn, Tukwila and Kent, Washington (together, the "Member Cities"), to form a governmental administrative agency known as the Valley Communications Center ("ValleyCom"); and WHEREAS, the purpose of ValleyCom is to provide improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the Member Cities, together with such other governmental agencies that have contracted with ValleyCom for communication services; and WHEREAS, in order to address increased growth and to provide necessary services for the Member Cities and other governmental agencies that contract with ValleyCom for communication services, ValleyCom constructed a new dispatch facility known as the Valley Communications Center (the "Facility"); and WHEREAS, financing for the construction, equipping, and improvement of the Facility was provided by bonds issued by the Valley Communications Center Development Authority (the "Authority"), a public development authority chartered by the City of Kent pursuant to RCW Ordinance No. 10 - 15 Page I of 5 Rev 3/09 35.21.730 through 35.21.755; and WHEREAS, pursuant to the Interlocal Agreement, each Member City has agreed to contribute to the financing of the costs of the Facility on a pro -rata basis, each Member City paying twenty -percent (20%) of the total cost of development, less contributions from grants, other agencies, or other sources; and WHEREAS, the Authority issued its Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) (the "2000 Bonds"), dated September 15, 2000, in the original aggregate principal amount of $12,758,000; and WHEREAS, it appears that the 2000 Bonds may now be refunded at lower interest rates through the issuance of refunding bonds of the Authority, thereby yielding savings to the Authority and the Member Cities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Citv Contributions to Bonds. Pursuant to the terms of the Interlocal Agreement, the City hereby irrevocably commits to pay its pro -rata share, which shall be equal to twenty -percent (20%), of the debt service on bonds (the "Bonds") issued by the Authority for the purpose of defeasing and refunding all or a portion of the 2000 Bonds. The City recognizes that it is not obligated to pay the share of any other Member City; the City's obligation shall be limited to its 20% allocable share of debt service on such Bonds; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its 20% allocable share. All payments with respect to the Bonds shall be made to ValleyCom in its capacity as administrator and servicer of the Bonds to be issued by the Authority. Ordinance ,No. /0- Page 2 of 5 Rev 3/09 16 The City's obligation to pay its 20% allocable share shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefore. The City hereby obligates itself and commits to budget for and pay its 20% allocable share and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its 20% allocable share for so long as any Bonds remain outstanding. Section 2. Compliance with Continuing Disclosure Requirements and Official Statement. To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the "Rule"), the City Manager is hereby authorized to execute and deliver a continuing disclosure agreement or certificate in order to assist the underwriter for the Bonds in complying with the Rule. The City Manager is further authorized to ratify and approve the information pertaining to the City and contained the preliminary and final official statements delivered in connection with the Bonds for purposes of the Rule. Section I Allocation for Purposes of Bank Qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Member Cities. Section 4. Tax Covenant. The City hereby agrees that it shall not (a) make any use of the proceeds from the sale of Bonds or any other money or obligations of the Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, Ordinance No. 10- Page 3 of 5 Rev 3/09 17 or (b) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. Section 5. General Authorization. The City Manager of the City and each of the other appropriate officers, agents and representatives of the City are each hereby authorized and directed to take such steps, to do such other acts and things, and to execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10 - 18 Page 4 of 5 Rev 3/09 Section 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED A� TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: KA0rdinance\20I 0\ Val leyCom Ordinance No. 10 - 19 Page 5 of 5 Rev 3/09 20 COUNCIL MEETING DATE: February 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UNITED WAY OF KING COUNTY - NEW SOLUTIONS IMPACT COUNCIL GRANT AWARD TO DEVELOP THE HUMAN SERVICES INTERFAITH COALITION IN FEDERAL WAY POLICY QUESTION: SHOULD THE CITY ACCEPT THE ONE-TIME GRANT OF $10,000 FROM UNITED WAY OF KING COUNTY - NEW SOLUTIONS IMPACT COUNCIL? COMMITTEE: PRHS&PS MEETING DATE: 2/9/2010 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LYNNETTE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development .11 . ..... _............... ____ _..._ _._-___-- Services Department Background: --- - In 2009, the Human Services Division launched a new concept titled "Coffee and Conversations." The focus groups engaged in discussions last year regarding the unmet needs for the residents within the community. They also identified how the community should be responding to their residents needs. The outcome of the Faith Based Coffee Circle generated more momentum than the others which is driving the community's persistence in wanting more conversations. Not only were the conversations had at the coffees but a call for action was issued by the collective group. Attachments: Memorandum to City Manager/Police Chief, Brian Wilson, dated February 1, 2010 United Way of King County New Solutions Small Grants Funding Contract For Fiscal Year July 1, 2009 — June 30, 20 10 Options Considered: 1. Authorize the City Manager/Police Chief to execute the contract between the City Of Federal Way and United Way of King County 2. Do not authorize the City Manager/Police Chief to execute the contract between the City Of Federal Way and United Way of King County STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: J1a bd �1JfO DIRECTOR APPROVAL: 6ie Committee Council Committee Council COMMITTEE RECOMMENDATION: OPTION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of (BELOW TO BE COMPLETED SY CITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 21 ❑ NIM- ED TO SECOND READING (ordinances only, ORDINANCE tt RE V ISED — 02106,2006 RESOLUTION # `X r 1!i CITY t3F Federal Way MEMORANDUM��r�,,w TO: Brian Wilson,4atefifft-City Manager/Chief of Police FROM: Lynnette Hynden, Human Services Division Manager , VIA: Greg Fewins, Community Development Services Directof" DATE: February 1, 2010 RE: United Way of King County — New Solutions Council Grant Backeround Ins 2009, the Human Services Division launched a new concept titled "Coffee and Conversations." The focus groups engaged in discussions last year regarding the unmet needs for the residents within the community. They also identified how the community should be responding to their residents needs. The outcome of the Faith Based Coffee Circle generated more momentum than the others which is driving the community's persistence in wanting more conversations. Not only were the conversations had at the coffees but a call for action was issued by the collective group. The conversations pulled together members of groups to discuss how each entity/agency/group within the City Of Federal Way to include the Human Services Division can work together to cross collaborate in order to meet the identified unmet needs of the community. The commonality from all the conversations is that the residents of Federal Way are supportive and care for their community, so much so they want action and a formal organization to make an impact. With so many groups and agencies one thing is certain, there is a lot happening but with more collaboration and conversations it can be done more effectively. Striving for a healthy and safe community without exhausting any one group or agency more than others was a concern shared at the conversations. Because of the group's willingness to continue their focus and conversations, the "Faith Based" group has drawn attention to their unique enthusiasm in South King County. The United Way o f King County through its New Solutions Council has recognized the community enthusiasm and has offered the city a one-time grant of $10,000_ to provide temporary services in order to support the organizing efforts which will lead to more substantive conversations. The financial support from the United Way of King County in addition to a loaned professional has provided the Human Services Division an extraordinary opportunity not only for the city but the residents as well. By creating an Interfaith Coalition the group would then generate their own identity locally and regionally. Developing a vision/mission to achieve outcomes needed within the community requires leadership and direction_ Formalizing the group as they become their own recognized entity outside the 23 city will assist in sustaining their efforts for many years to come. The Interfaith Coalition has the potential to work in concert with the city's Human Services Division rather than dependent on the Human Services Funding. Grant The grant is awarded as a one-time give. The City Of Federal Way will not be financially obligated or impacted by accepting this grant. The contract is attached to this memorandum for your review. The City of Federal Way and the Faith partners will work to implement a collaborative approach to addressing basic needs in the Federal Way community. A structure will be in place to link the non profits with the faith community and families/individuals to better meet the basic needs of residents. This will provide an integrated approach to identify needs and distribute the resources. As a result of this work: • A structure to identify needs and coordinate resources will be in place by September 2010. Coordination of resources will focus on basic needs of distribution of emergency assistance — food, energy assistance and rent assistance. • The Faith leaders will work with Community Based Organizations to identify and coordinate resources to address homelessness including temporary shelter, meal programs and transitional housing. • In December 2010, 3 examples/stories will be documented on the success of the coordinated structure. I would ask for your support on this effort and if you have any questions please contact me as I would be happy to explain this exciting opportunity_ 24 y United Way of King County yNew Solutions Small Grants Funding Contract $i'�pJ {��•+i:" fil 1. United Way of King Cou€ty For Fiscal Year July 1, 2009 — June 30, 2010 CONTRACT BETWEEN CITY OF FEDERAL WAY AND UNITED WAY OF KING COUNTY This Contract is made between United Way of King County and the City of Federal Way (referred to as "the Agency") SECTION I: GENERAL PROVISIONS OF THE CONTRACT Amount of Funding: $10,000 A total of $10,000 will be awarded to the Agency by United Way of King County toward the Agency requirements and expectations listed in Exhibit A. Sublect to the terms and conditions as set forth in this contract, United Way of King County will provide funds in accordance with the schedule provided under Section IV. Results to be Achieved: Under the terms of this contract, the Agency will perform services detailed in Exhibit A and submit reports documenting services as detailed therein. During the period covered by this contract, should the Agency plan or intend to discontinue a program that is tied to the achievement of funded outcome(s), the Agency will notify United Way of King of County no less than sixty days prior to the effective date. If as a result of eliminating a program, or other internal or external circumstances, the agency is unable to deliver services that are tied to achieving the funded outcome(s), United Way of King County may require repayment of funds allocated to the affected program. Contract Terms: The Agency agrees to comply with all federal and state laws pertaining to charitable organizations, agrees not to engage in discrimination based on age, gender, race, sexual orientation, national origin, religion or presence of a disability in delivery of services, and agrees to comply with all United Way of King County contract terms, conditions and requirements as stipulated in this contract and the following documents, if checked: ® Exhibit A — Agency Requirements and Expectations ❑ Exhibit C — United Way of King County Audit Policy The Agency agrees to comply with any modified and/or additional requirements. As applicable, changes in requirements adopted by United Way of King County during the contract year will be communicated to the Agency in writing at least sixty days prior to implementation. At any time during the contract year, United Way of King County may conduct an audit to verify compliance with contract terms. Termination of the Contract: Either party may terminate the contract for cause upon reasonable written notice. Without limiting the 1 25 generality of the preceding sentence: United Way of King County may withhold payments and/or terminate all of its contractual obligations hereunder immediately if, in the opinion of United Way of King County the Agency mismanages or makes improper use of any funds provided hereunder, or fails to comply with any of the terms and conditions of this contract. United Way of King County will require repayment of any funds determined to be mismanaged by the Agency. If the Agency is out of compliance with the terms and conditions of this contract at any time during this contract period, upon request the Agency shall work with United Way of King County to develop a Correction Plan. The plan should determine the cause of the noncompliance and develop remedies and a timeline for full compliance. United Way of King County will provide technical assistance as appropriate and reasonable to assist in achieving this goal. If full compliance is not achieved by the mutually agreed-upon time, United Way of King County may immediately terminate the contract at its discretion. SECTION II- AN'T'I -TERRORISM COMPLIANCE MEASURES In compliance with the spirit and intent of the USA Patriot Act and other counterterrorism laws, the Agency represents that it takes reasonable steps to: 1. Verify that individuals or entities to which it provides, or from which it receives, funds or other material support or resources are not on the U. S_ Government Terrorist Related Lists*; 2. Protect against fraud with respect to the provision of financial, technical, in-kind or other material support or resources to persons or organizations on such lists; and 3. Ensure that it does not knowingly provide financial, technical, in-kind or other material support or resources to any individual or entity that it knows beforehand is supporting or funding terrorism (whether through direct allocation by the United Way of King County Board of Directors or through the distribution of donor designated funds which it processes for donors participating in a United Way of King County campaign). *In this form, "U. S_ Government Terrorist Related Lists" refers to (a) the list of persons and entities in Executive Order 13244, (b) the master list of Specially Designated Nationals and Blocked Persons maintained by the Treasury Department, and (c) the list of Foreign Terrorist Organizations maintained by the Department of State, as may be updated from time -to -time. 226 SECTION III: FUNDING LEVEL The Agency is funded for the amounts indicated for the achievement of results for the investment area(s) listed below. See attached scope of work. Impact Area: New Solutions Funding Level Agency Total: $10,000 SECTION IV: PAYMENT SCHEDULE This is an award of a set amount that is determined through a proposal evaluation process established by United Way of King County. This process assesses a proposed project's alignment with UWKC's priorities as well as the Agency's track record of successful performance or likelihood of success in producing measurable outputs and outcomes. Note that this grant carries no implication for ongoing funding from UWKC for Agency activities. SECTION V: AGENCY EXPECTATIONS The Agency will comply with the following expectations: • The Agency must submit a new Certification of Compliance with United Way of King County's Non - Discrimination policies, along with a copy of said policies, if and when policy changes are made by the agency. • The Agency must adhere to United Way of King County's Audit Policy as outlined in Exhibit C. • The Agency administrative costs (management and general plus fundraising) shall not be excessive. United Way generally believes that administrative costs should not exceed 25% of total expenditures. • The Agency will maintain an up-to-date listing in the 211 registry. • The Agency will maintain an up-to-date listing in Volunteer Solutions. • If the Agency has a website, the United Way of King County logo must be included on the website homepage, along with the statement: "Supported by United Way of King County" and a link to the United Way of King County website: www.unitedwayofkttigcounty.org. United Way of King County also expects the Agency to include the logo on written materials. The United Way of King County logo can be downloaded from: http://ww�v.uwk-c.org/campai9n/stuff/logc)s.2sp. • The Agency shall avoid solicitation of individual donors that encourages them to make designated agency gifts through the United ;lay of King County annual campaign instead of making gifts to United Way of King County. Throughout the contract period, United Way of King County may provide opportunities for representatives of the Agency to be involved in the annual fundraising campaign. United Way of King County also expects the Agency to include the current United Way 127 of King County logo in materials and on the Agency web site_ Inaddition to the above agency expectations, the Agency will comply with the following reporting requirements. Failure to comply may result in delayed payment and impact the Agency's funding relationship with United Way of King County. This grant carries no implication for ongoing funding from UWKC for Agency activities. SECTION VI: REPORTING REQUIREMENTS See Exhibit A, Agency Requirements and Expectations. SECTION VII: SIGNATURES The signatures on this document indicate that the parties are in agreement with all stipulations made herein. Agency: your signatures further indicate the following (please check all boxes): ❑ All exhibits are attached and agency has initialed where required on Exhibits A. ❑ The Agency is currently in compliance with all contract terms, conditions and requirements. ❑ A current Certification of Compliance with United Way of King County's Non -Discrimination Policy and a written copy of the Agency's Non -Discrimination Policies are on file with United Way of King County or enclosed with this signed contract. Your signature on this document indicates that you are in agreement with all stipulations made herein. UNITED WAY OF KING COUNTY ion Fine President/CEO Feb 1, 2010 z�• b: Molly No dstrom Board Chair City Manager City Manager (Printed) Date Board Chair Signature Board Chair Name (Printed) Feb 1, 2010 Date 428 United (A EXHIBIT A Way MV AGENCY REQUIREMENTS AND EXPECTATIONS United Wav et King Caunty Investment Area: New Solutions Reporting Requirements: The Agency may be asked to present interim results to the New Solutions Impact Council through a presentation at a Council meeting or a visit or tour by the Council's members to the project site. Within 30 days after the completion of activities, and no later than 12 months after this contract is signed by both parties, the Agency will provide UWKC a two-page report, summarizing results achieved, overall outcomes and lessons teamed as a result of the contract. The report is to cover the following. The City of Federal Way and the Faith partners are working to implement a collaborative approach to addressing basic needs in the Federal Way community. A structure will be in place to link the non profits with the faith community and families/individuals to better meet the basic needs of residents. This will provide an integrated approach to identify needs and distribute the resources. As a result of this work: • A structure to identify needs and coordinate resources will be in place by September 2010. Coordination of resources will focus on basic needs of distribution of emergency assistance — food, energy assistance and rent assistance. • The Faith leaders will work with Community Based Organizations to identify and coordinate resources to address homelessness including temporary shelter, meal programs and transitional housing. • In December 2010,3 examples/stories will be documented on the success of the coordinated- structure. oordinatedstructure. 1. What results were achieved? 2. What were the challenges that you faced in project implementation? How did you address them? What opportunities emerged that you didn't foresee when writing the small grants fund proposal? 3. What have you learned that you want to share with others? 4. Hour have you leveraged the small grants fund amount with other funding, in-kind donations, volunteer hours, new partnerships, cost savings, etc.? What would you estimate is the monetary value of the resources leveraged from the venture fund grant? 5_ What are your next planned steps for this program? 1. Financial Audi 0 Audit not required. The annual funding audit policy is attached to this contract in Exhibit C. However, the audit requirements for one time funding are altered and described in the Due Date column. Please initial to indicate your agreement with requirements of Exhibit A- 529 _ 529 United Way EXHIBIT C: LWIMWay ofKing CocrM UNITED WAY OF KONG COUNTY AUDIT POLICY All United Way of King County grantee agencies are required to submit annual financial statements audited or reviewed by an independent Certified Public Accountant or an IRS Form 990 and financial tool prepared by an independent Certified Public Accountant. `These submissions are due no later than five (5) calendar months plus one (1) day after die close of an agency's fiscal year. If a submission due date falls on a weekend or United Way of King County holiday, the submission due date is moved to the following United Way of King County business day. If an agency has: • $1,000,000 or more in total annual revenues or receives $100,000 or more annually in non -designated funds from United Way of King County, the agency is required to submit audited financial statements. • Between $300,000 and $999,999 in total annual revenues or receives between $30,001 and $99,999 in funding annually in non -designated funds from United Way of King County, the agency is required to submit reviewed financial statements. • Less than $300,000 in total annual revenues or receives $30,000 or less in non -designated funds from United Way of King County, the agency is required to submit an IRS Form 990 and the agency financial tool provided by UWKC. Compiled financial statements are not acceptable_ If an agency is unable to meet its required due date, a written extension request must be signed by the Chair of the agency's governing Board and received by United Way of King County in time to be evaluated and approved prior to the due date. Justification for approval of extension requests of audit or review due dates shall be limited to those circumstances clearly beyond the control of the agency. Extension requests must include a target submission date as well as a brief description of: L What event(s) has/have caused the delay in completing the audit or review in a timely fashion, 2. Who is responsible for the event(s) causing the delay, 3. The timing of the relevant factors affecting the event, 4. Why the event(s) is/are beyond the control of the agency, and 5. What steps the agency has taken to insure that the delay will not reoccur. Requests for extensions of due dates must be approved by both: (a) either the Chair of the Audit Review Committee or her/his designee, and (b) Vice President of Community Services or her/his designee. The approval process may require a week or more. Audit reports must be prepared in accordance with generally accepted auditing standards specifically relevant to the not-for-profit industry. Audited or revie�ved financial statements are to be in conformity with generally accepted accounting principles (GAAP) and the American Institute of Certified Public Accountants (AICPA) Guide, "Audits of Not -For -Profit Organizations." Where applicable, audits are to adhere to Government Auditing Standards, the requirements of OMB Circular A-133, and any other relevant standard. Reviews are to be prepared in accordance with AICPA standards_ The independent accountant's report should include an unqualified opinion. In the rare event of a qualified opinion, an adverse opinion, or a disclaimer of opinion, the report must be accompanied by an agency board statement which sets out the agency's plan for correcting the item or items which caused the independent accountant to issue other than an unqualified opinion. 6 30 The agency's submission packet must include: 1. A complete audit, review or 990 and financial tool of the agency's most recently ended fiscal year; 2. Evidence from the agency's governing Board or Board designated committee that it has accepted the audit, review or 990 as final. Evidence includes (a) minutes of the agency Board or Board designated committee meeting at which the review or audit was accepted as final, or (b) a letter over the signature of an agency Board officer that, in his/her capacity as a Board officer, she/he accepts the audit or review as final; 3. Management letters are issued by the auditor, usually during the audit process, to advise the Board of significant deficiencies and significant weaknesses. • If the Organization received a management letter — send a copy of the letter with the audit report sent to UWKC. • If you did not receive a management letter and your report is issued under Governmental Auditing Standards no further action is required. • If you did not receive a management letter and your report was issued under Generally Accepted Auditing Standards provide a letter, signed and dated by a board member, that the Organization did not receive a management letter and include the letter with the audit report sent to UWKC. 4. All related OMB Circular A-133 reports for the most recently ended fiscal year as soon as they are completed. Note that if any part of the submission packet is missing, the entire packet is considered to be not turned in. Failure to comply with the stated Audit Policy will result in the following actions: • The agency will receive notification when the audit, review or 990 is overdue by 15 days. The communication will clearly state that if the complete audit package is not received within 60 days of the original due date, or approved extended due date, if applicable, the agency's allocation will be sequestered. The notification will become part of the agency's permanent record. If an agency's non -designated funds are sequestered for 90 days or more, the President of United Way of King County or his/her designee, through the Community Budding Committee, is expected to bring this issue before the Board of Directors of United Way of King County to approve the forfeiture of a portion of or all sequestered funds and to cease non -designated funding for that agency and take other appropriate action. During this period, United Way of King County reserves the right to solicit proposals from other agencies that might be able to extend similar services in the community. • If a late milestone date falls on a weekend or a United Way of King County holiday, then that late milestone is moved to the following United Way of King County business day_ Note, however, that such a move does not affect any subsequent late milestone date. • If an extension request has been approved after the sequestering process has begun, the sequestering process is stopped temporarily, but resumes at the point of interruption should the agency fad to meet the target submission date that was agreed to in the extension approval process. 731 Upon Audit Review Committee verification that the agency has submitted a current and complete packet and that the review process uncovered no issues to be investigated, the Chair of the Audit Review Committee will notify the President of United Way of King County or her/his designee in writing. The President of United Way of King County or her/his designee will instruct the accounting staff to release all sequestered non -designated funds to the agency and to resume normal monthly non -designated fund payments for that agency. The President of United Way of King County or her/his designee will notify both the agency Executive Director and the agency Board Chair of this action. A copy of the Audit Review Committee letter of audit verification and a copy of the President's letter of release from sequestering will be placed in the permanent agency file. The process of reviewing an audit or review may uncover issues with an agency that are so serious as to call into question the financial health or integrity of that agency or to create doubt as to the ability of that agency to honor its contractual performance commitments with United Way of King County. In such case, these issues will be brought to the attention of the Community Building Committee of the Board of Directors of United Way of King County for investigation. During this investigation, the non -designated funds to that agency will be sequestered. Upon successful resolution of these issues, the sequestered funds will be released. If these issues cannot be successfully resolved, the Community Building Committee is expected to ask the Board of Directors of United Way of King County to approve the forfeiture of all sequestered funds and to cease non -designated funding for that agency. If the Board of Directors of United Way of King County approves the forfeiture of all sequestered funds and the cessktion of non -designated funding for that agency, the agency may reapply for future funding from the United Way of King County. If an agency is sequestered per the current policy, a contract will not be issued until the audit policy requirements are met and any issues are resolved. Further, if an agency is sequestered and the agency doesn't submit the current years required documents, the sequestering will not be removed until both years' required documents are reviewed by the Audit Review Committee and any issues are resolved. Issues identified in the review of audits, as well as the agency's history of audit submission will be an element in determining the future allocation levels. Approved by UWKC Board of Directors March 2009 8 32 SUBJECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department enter into an Agreement with Auburn, Kent, Renton, Tukwila and The Port of Seattle for the Creation of the Valley Civil Disturbance Unit (VCDU)? COMMITTEE: Parks, Recreation, and Public Safety Council Conunittee CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: CHRis NORMAN, COMMANDER Attachments: i. PRHS&PS Memo 2. hiterlocal Cooperative Agreement for VCDU Options Considered: 1. Accept the interlocal Cooperative Agreement for VCDU 2. Reject Agreement MEETING DATE: Feb. 9, 2010 ❑ Public Hearing ❑ Other DEPT: Police Department STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: 1�ti DIRECTOR APPROVAL: Conmtiee � Y Council Committee Council COMMITTEE RECONDIENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " I move approval of the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) and authorize Interim City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: '❑ APPROVED COUNCIL BILL # ❑ DENIED OT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING ("ordinances only) ORDINANCE # REVISED - 02/06,12006 RESOLUTION # 33 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) Background The Valley Civil Disturbance Unit (VCDU) was established to create and maintain a multi - jurisdictional team to effectively control crowds of unruly patrons and enforce the law during times when our communities face large-scale civil disturbances. In these situations mass arrests situations may occur. Multi jurisdictional efforts to handle large scale acts of disobedience, demonstrations, riots, etc, will result in more effective pooling of personnel, improved use of municipal funds and equipment, and better utilization of specialized expertise and training. The VCDU Team greatly improves the safety of our citizens, as well as, our officers. 134 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY Civil Disturbance Unit I. PARTIES The parties to this Agreement are the Port of Seattle and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington ("RCW"). III. PURPOSE The parties hereto desire to establish and maintain a multi -jurisdictional Valley Civil Disturbance Unit (Valley CDU). IV. FORMATION There is hereby created a multi -jurisdictional team to be hereafter known as the "Valley Civil Disturbance Unit" ("VCDU"), the members of which shall be the Port of Seattle, and the cities of Auburn; Federal Way, Kent, Renton, Tukwila. The future admission or elimination of a jurisdiction as a member of the VCDU may be accomplished by an addendum to this Agreement. V. STATEMENT OF PROBLEM King County and municipalities within the Puget Sound area have experienced periodic large-scale civil disturbances. These disturbances manifest themselves in the form of civil disobedience, unlawful passive and active demonstrations, as well as riots. Mass arrest situations are likely to result from the aforementioned disturbances. Participants in this unlawful activity, or the tactics they employ will usually out -stretch the resources of any one single agency to effectively and efficiently handle the situation. Law enforcement efforts directed at dealing with these types of civil disturbances have, for the most part, been conducted by law enforcement agencies working independently. A multi -jurisdictional effort to handle acts of civil disobedience, passive and active demonstrations, as well as riots will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined civil disturbance unit. The results will be improved services for all the participating agencies, increased safety for officers and the community, and improved cost effectiveness. VALLEY CIVIL DISTURBANCE UNIT 1 35 INTERLOCAL AGREEMENT - 2009 VI. TEAM OBJECTIVES The individual CDU teams from each participating municipality will consolidate into one combined Civil Disturbance Unit, known as "the VCDU", servicing each participating jurisdiction. The VCDU shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VCDU shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The VCDU shall respond as requested by any of the participating jurisdiction and provide a coordinated effective resolution to civil disturbance incidents VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon the last signed below. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the VCDU by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice ,of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VCDU may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief, or the designee, of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. Unless otherwise specified in this Agreement, all Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. The Board shall meet quarterly or within a month following a. VCDU deployment or major training exercise, or as otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. VALLEY CIVIL DISTURBANCE UNIT 2 36 INTERLOCAL AGREEMENT - 2009 The Board shall develop VCDU written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement; PROVIDED, any policies, regulations, and operational procedures in effect pursuant to previous joint civil disturbance prevention operations shall remain in effect without action of the Board and until such time as they are subsequently altered by the Board. The VCDU written policies, regulations, and operational procedures shall apply to all VCDU operations. To the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VCDU written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the VCDU. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of events that the VCDU responds to, problems. of the VCDU, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare quarterly written reports to the Board on the actions, progress, and finances (if applicable) of the VCDU. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute a minimum (16) full-time commissioned officers, which shall include at least two (2) Sergeants or other first level supervisor, to be assigned as squad leaders on the VCDU. The personnel assigned to the VCDU shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the VCDU. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the VCDU. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the VCDU, an Incident Commander, VCDU Tactical Commander, and VCDU Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VCDU Tactical Commander, and the VCDU Team Leader(s) shall be set forth in the standard VALLEY CIVIL DISTURBANCE UNIT 3 37 INTERLOCAL AGREEMENT - 2009 operating procedures approved by the Board. The standard operating procedures approved by the Board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VCDU members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VCDU shall, unless otherwise determined by the Board, be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating VCDU members. The Board must approve any joint capital expenditure for VCDU equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating VCDU members. Any assets acquired with joint funds of the VCDU shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VCDU shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VCDU property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VCDU at the time of dissolution in proportion to the jurisdiction's percentage participation in the VCDU as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VCDU, but the VCDU continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VCDU or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VCDU upon dissolution shall meet to VALLEY CIVIL DISTURBANCE UNIT 4 38 INTERLOCAL AGREEMENT - 2009 determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the VCDU without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VCDU actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for ,or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In VCDU Response. In the event that a jurisdiction or its personnel were not involved in the VCDU response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of the particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VCDU personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions VALLEY CIVIL DISTURBANCE UNIT 5 39 INTERLOCAL AGREEMENT - 2009 in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VCDU members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VCDU operations, the jurisdiction shall promptly notify the other jurisdictions that the VALLEY CIVIL DISTURBANCE UNIT 6 40 INTERLOCAL AGREEMENT - 2009 claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VCDU action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VCDU activities. The lead jurisdiction shall be the jurisdiction within which the VCDU response occurred; PROVIDED, that in the event the jurisdiction within which the VCDU response occurred did not participate in the VCDU response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VCDU response originated. In the event that a jurisdiction that was not involved in the VCDU response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU Tactical Commander shall be responsible for gathering all records relating to the VCDU response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the VCDU response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. VALLEY CIVIL DISTURBANCE UNIT 7 41 INTERLOCAL AGREEMENT - 2009 C. Claims of $5,000 or Less. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VCDU response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination - Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VCDU is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the VCDU. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VCDU response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VCDU and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VCDU is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the VCDU, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters jurisdiction, in conjunction with determines that payment of a insurance provider shall provide VALLEY CIVIL DISTURBANCE UNIT 8 42 INTERLOCAL AGREEMENT - 2009 In the event a lead its insurance provider, claim is appropriate, the each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over $5,000. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VCDU to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VCDU to discuss the lawsuit and to determine the appropriate manner within which to. respond and/or defend the lawsuit. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and .the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: VALLEY CIVIL DISTURBANCE UNIT 9 43 INTERLOCAL AGREEMENT - 2009 Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 Auburn Police Chief Kent Risk Manager 101 N. Division 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 Port of Seattle: Federal WaY: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 1209 P.O. Box 9718 Seattle, WA 98111 Federal Way, WA 98063 Tukwila: Federal Way City Attorney P.O. Box 9718 City Clerk Federal Way, WA 98063 City of Tukwila 6200 Southcenter Blvd. Tukwila WA 98043 W I • Renton: Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 XVIII. COMPLIANCE WITH THE LAW The VCDU and all its members shall comply with all federal, state, and local laws that apply to the VCDU. VALLEY CIVIL DISTURBANCE UNIT 10 44 INTERLOCAL AGREEMENT - 2009 XIX. ALTERATIONS This - Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XXIII of this Agreement. XX. RECORDS Each jurisdiction shall maintain training records related to the VCDU for a minimum of seven (7) years. All records shall be available for full inspection and copying by each participating jurisdiction. XXI. FILING Upon execution hereof, this Agreement shall be filed with the county auditor or, alternatively, listed by subject on the website of participating jurisdictions. XXII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudicatipn shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIII. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn City Clerk, City of Auburn Date VALLEY CIVIL DISTURBANCE UNIT 11 45 INTERLOCAL AGREEMENT - 2009 Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila City Clerk, City of Tukwila Date City Attorney, City of Tukwila Date Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date VCDU-Intedocal 0 12-0349 FINAL.doc VALLEY CIVIL DISTURBANCE UNIT 12 46 INTERLOCAL AGREEMENT'- 2009 COUNCIL MEETING DATE: February 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JANITORIAL SERVICES FOR DUMAS BAY CENTRE POLICY QUESTION: Should the Council authorize a janitorial contract for the Dumas Bay Centre with Seattle Best Services of America, Inc (SBS)? COMMITTEE: PRHSPSC MEETING DATE: February9, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rob Ettinger, Conference Coordinator DEPT: PROS For 2 years, SBS has successfully performed janitorial services at 3 City Facilities: City Hall, Police evidence building & Steel Lake Maintenance Office. The Dumas Bay Centre released a Request for Quotation (RFQ) for janitorial services on December 23, 2009, which closed on January 11, 2010. SBS Janitorial received the highest percentage tally, and is also the lowest cost to the facility per hour. We seek authorization to enter into a service contract for the Dumas Bay Centre janitorial services with SBS Inc. Contract summary: Janitorial Services(daily cleaning) Anticipated hours permonth cost per hour cost per year 80 $ 21.00 $ 20,160.00 Housekeeping Services (overnight accommodations 120 1$ 21.00 $ 30,240.00 Total Contract Com ensation 1 $ 50,400.00 All hours are estimated and actual hours will be based solely on facility rentals and scheduled per the Conference Coordinator. Attachments: Memorandum Options Considered: 1. Authorize staff to execute a janitorial contract with SBS Inc. for the Dumas Bay Centre Janitorial Contract. 2. Do not authorize the Dumas Bay Centre Janitorial Contract. 3. Do not authorize._ the Dumas. Bay Centre Janitorial contract and ,provide direction to staff._.____.._.__ __.__. _.-.. _..__. STAFF RECOMMENDATION: Staff recommends accepting option # 1. CITY MANAGER APPROVAL:,Q.L.4lwt 4f/ -V/V DIRECTOR APPROVAL: �I Committee Council Cornmide Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval and accept the term of the contract for 1 year in the amount of $50,400 and authorize the City Manger to execute the contract " (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) 47 ORDINANCE # REVISED -02/06/2006 RESOLUTION 4 48 40k CITY OF 40';:�� Federal Way PARKS, RECREATION AND CULTURAL SERVICES CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 27, 2010 TO: Parks, Recreation, Human Services & Public Safety Committee FROM: Rob Ettinger, Conference Coordinator Dumas Bay Centre VIA: Brian Wilson, City Managey�` SUBJECT: Dumas Bay Centre Janitorial and Housekeeping Services Background The Dumas Bay Centre has been contracting for janitorial and housekeeping services since the inception of the facility. Janitorial services had been billed on an hourly/per request basis and our housekeeping services (overnight rooms) has been billed on a per room/per request basis with the contractor providing linens and towels. On December 23, 2009 the Dumas Bay Centre released a Request for Quotation (RFQ) for janitorial and housekeeping services. This RFQ was designed to provide janitorial and housekeeping services solely on an hourly basis paying a minimum of prevailing wage. We have also secured linens by coop under the Washington State Contract 013-08 which has been awarded to Aramark Services for. linens. This process should result in a reduction of expenses incurred by the facility for janitorial and housekeeping services, increasing the profit margin. Request for Quotations A Request for Quotations (RFQ) was released on December 23, 2009 advertising in the Federal Way Mirror and Daily Journal of Commerce on both December 26 and 30, 2009. We also distributed the document to all janitorial contractors listed on the MRSC roster in King County. The MRSC Roster is a shared statewide small public works and consultant roster database for Washington State counties, cities, etc. We had six individual janitorial firms tour the facility and had five bids submitted by the deadline of January 11, 2010. After a review of the submitted materials and pricing, the clear low responsive bidder is determined to be SBS Inc. Please see the table below for a description of all bids receive and their associated prices for services. Cost Per Hour (prevailing wage required) Time Estimated for retreat room services Time Estimated for Restroom and Shower Room Services Minimum Service Requirement First Class Building $25.00 15 Minutes 30 Minutes None Maintenance American Daily -- 2 i Janitorial $22.47 15 Minutes 1 !% Hours Hours Services 49 Retreat - 3 Hours Buenatiista Services Inc. � $25.50 — 1 Hour ---- -- 1 !% Hours ---- None j $58,615 2009 Janitorial/Housekee in Linen Services (Actual) $58,089 2010 Janitorial/Housekeeping/Linens Services (Budgeted) 12 overnight SMS Cleaning $25.00 12 Minutes I Hour 24 Minutes rooms Inc. minimum I _I order SBS Inc. $21.00 15 Minutes 1 ',% to 2 hours I None Budget Dumas Bay Centre Custodial Expenditures/Budgeted Amounts 2007 Janitorial/Housekeeping/Linen Services (Actual) $60,066 2008 Janitorial/Housekee in Linen Services (Actual) $58,615 2009 Janitorial/Housekee in Linen Services (Actual) $58,089 2010 Janitorial/Housekeeping/Linens Services (Budgeted) $68,000 50 COUNCIL MEETING DATE: Feb 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEE INCREASE FOR PICNIC AND SPECIAL EVENT RESERVATIONS POLICY QUESTION: Should the Council authorize a fee increase for picnic and special event reservations. COMMITTEE: PRPSC MEETING DATE: Feb 9, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT' PRCS Attachments: Memo, Proposed rate change documents, Steel Lake Park map highlighting picnic sites, Options Considered: 1 Authorize the proposed 2010 fee increase. 2. Do not authorize the proposed 2010 fee increase. 3. Do not authorize the proposed 2010 fee increase and provide direction to staff. STAFF RECOMMENDATION: Staff recommends increasing reservation fees for picnic and special event to the proposed 2010 level and include future increases to be adjusted through the Cities annual inflationary fee increase process. CITY MANAGER APPROVAL: 61,k J -27 -, *J DIRECTOR APPROVAL: 45 K7 2 Committee Council Corrunittee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to increase reservation fees for picnic and special event to the proposed 2010 level and include future increases to be adjusted through the Cities annual inflationary fee procedure. " (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL i/ ❑ DENIED Isr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE i# REVISED - 02/06.2006 51 RESOLUTION # CITY OF o �. Federa I Way Parks and Facilities Division Date: February 9, 2010 To: City Council From: Stephen Ikerd, Parks & Facilities Manager Via: Cary Roe, P.E., Parks & Public Works Director/Emergency Manager Subject: 2010 Picnic & Special Event Fee increase History: The PRCS Dept has not increased picnic or special event reservation fees for 5 years. This proposed 2010 fee increase will bring us closer to the average of neighboring cities, based upon their 2009 rates. The collected fees are accounted for in a Recreation account. Park Operations manages the picnic and special event applications and supports each event. There were 169 picnic reservations and 16 Special Events in 2009, which collected $11,800. Picnic reservations at Steel Lake Park have been available in a general 4 hour block with the ability to purchase additional hours. The majority of reservations typically book for an afternoon start time. Staff has been experiencing problems preparing sites in the afternoon, due to non paying users occupying the site prior to the reservation and not wanting to leave or expecting staff to cleanup their mess. Additional impacts effecting the implementation of the reservation program are due to more park users, vehicles and fewer Park resources. Increased popularity of Steel Lake Park has created the need to close the entry gate on weekends; due to the parking lot at full capacity. (Typically by 1:00 PM) This has created a significant logistical concern because the afternoon reservation groups have no parking available when they arrive. To help mitigate this last season; we created an overflow parking area on the grass, along the west property line and issue special parking passes to those with reservations. We hope to alleviate some of the current problems by adjusting the starting time of the initial reservation block; to earlier in the day when the Park hasn't reached capacity and staff are not under as much pressure. A group may continue to purchase additional hours if they want the site later into the evening. Following is a summary of fee comparisons and proposed changes: 2009 Fee comparison summary: (Covered Shelter site up to 100 people on a weekend, for 4 hours) FW - $90, KC/Five Mile - $115-125, Kent - $100/All Day $175, Renton - $150 Resident/$275 Non - Resident (all day). (Renton and Auburn also charge $1.40 per person for groups over 100) 2010 proposed FW increase for comparison above: (Comparison Cities study performed Sept 09) FW -$120 Proposed changes: 1. Change the picnic reservations from a general 4 hour block of time to a 6 hour defined block; 10:00 AM — 4:00 PM and inform groups that parking can be a problem on the weekends after 12:00 PM. Special parking passes will still be available to reserved groups upon request. 2. Increase all reservation fees to the proposed adjusted 2010 levels shown on the attached sheets. 3. Approval to increase rates annually based upon the Cities inflationary fee procedure. 52 m O A D r M m z D r 03 M r m D N m n O z D 0 —I :E m D r -4 m m n m -1 rr a) W rq� CO) ~. m ao it z O c 0 W at 3' 0 O 3 0 � D D G) m O M O C v G) M O c M N m M i N O m lD c m D N V m n D r m z -I M m M 3 Q w ME 17 X CA X D O r N cn W Oo w v, os co O A N O O 0 0 X CO) 55 m cn DT N CA 70 0 X m D -i Z Z v C r C r CO) n m CO) 0 -N-1 N i --4 0CO) -1 O r r Mr r r D D D D pD p m m m m m D > ;uD V V m m m -v -1 a A A A A A zz w N N cn A m a _ N t7� O 00 N W m CO) o O O O o D A ;� ;40 00 co 0 00 0 0 0 0 0 0 m 40 olk 0 0 0 0 0 0 0 0 00 a o c c � O. 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A CL 0 y n a y CD �•r EA 0 �y O ts JoepwN6 N O 0 coi,wNGOSf� O n C) C: Vii r 0 0 e 0 ) p 00000 64 O N rD mNa O fb CZ r. a ad p c `� fps ILA 0 p 0 � y C> WNn to Q ca co 54 C, IV o c 64) Gn 00O,wO-A I.. -w �cwW%Z= (A(AtAtA 54 C, IV 47°19'6.66679"N RlenkelParksWeellake debd.mxd 55 Steel Lake Park 2410 S 312th St Key: aCovered Picnic Site MPicnic Site Swimming Area Boat Launch EjConcessions 5 Fishing OParking Play Area M I Restrooms Operated by: City of Federal Way Department of Parks, Recreation and Cultural Services General Information: (253) 835-6901 Picnic Reservations: (253) 835-6964 www.cityoffederalway.com Vicinity ted, Map Puget Sound Eld 143 Ext 142 N 0 125 250 Feet 0 1 Minute Walking Time 3 ` CITY OF .t Federal Way This map was produced by the City of Federal Ways GIS Division and is accompanied by no warranties. 47°19'6.66679"N 56 COUNCIL MEETING DATE: Feb l6, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2010 PARKS COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2010 Parks Commission Work Plan? COMMITTEE: PRHSPSC MEETING DATE: Feb 9, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: STEPHEN IKERD, Parks & Facilities Manager DEPT: PROS The Parks Commission reviewed and discussed their proposed work plan during the January 7, 2010 Commission meeting and approved the final attached Work Plan. Attachments: 2010 Park Commission Work Plan Options Considered: 10 1. Approved the proposed Parks Commission 2010 Work Plan. 2. Decline the proposed Parks Commission 2010 Work Plan, and request the Parks Commission to make revisions. _.. ......... --- ----- _ _--- ---.... _. _ _ __. .... _ . --- _ ..... ... .... STAFF RECOMMENDATION: Staff recommends the approval of the 2010 Parks Commission Work Plan. CITY MANAGER APPROVAL: ,J W,[, , 07')Id DIRECTOR APPROVAL: &;& Committee Council Committee Council COMMITTEE RECOMMENDATION: OPTION # Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option 1, acceptance of the 2010 Parks Commission work plan " 57 (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 k REVISED - 02/06/2006 RESOLUTION tt 57 W R ma N a C � ca M (a Q ca 3 _ L C E C C V C V O' r cr II• N Cl) N Q N Cl) N M Y a7 m a ro w _ U m Y m a7'�- (q o3 w m j Y 05 m C133 m CL cm :1 j � ai (a T _ L)U U - m � w c O m Y m C6 Q U) C 30 o (a cu d C YO O (a a N m 7 1- cc 0 a) (° _� U m > t a v ai c � � m a� C L U ro U O m w U a C ro ai •L O m (D L C m ro L O ron 3 E (a 0m $ o m� io m cn c3 tl! O O tq O C 3 Q m E y E co E O O L O 0� '£ O N N O O L Q. 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L t _ ] Co o L E�` a m UQ 3 .Q E O c � i t0 m m a C C Q L) 0 � Q m cccf (C �mQa pm v,m roa Q. ro >W m L Y ro E QL oaa p e m O o L o L ami a fn as m ono vi m M m U) 6 �O Lm, U Eco �m ��'� ro o>c E E E Z;cro o� :°ino> a a (°� O•X m 0 U m w U O c m L O fn o) (n •X •5 C m C U O S U m Y m m E Y V m m E m a V m C ca O C 7 m m > O Y M m o m L p. d La3 L d m i m U 0 C. m E to A Y C a a �> m L o C7 ° a' taE `� N 0 o ° 3 CL Q. m vii c 3 o 0 3 t w r—c. 5� Q m N (C4 ca COUNCIL MEETING DATE: February 16, 2010 ITEM #: CITY OF FEDERAL 'WAY CITY COUNCIL AGENDA BILL SUBJECT: THIRD AMENDMENT FOR PARKING LOT VACUUMING POLICY QUESTION: Should the Council authorize a third amendment for a service contract with McDonough & Sons Inc.? COMMITTEE: PRHSPSC MEETING DATE: Feb 9, 2010 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen lkerd Parks & Facilities Manager DEPT: PROS Over the past four years, McDonough & Sons Inc. has successfully provided parking lot vacuuming service to our Parks and Facilities. By mutual agreement we seek authorization to extend their service contract for an additional 2 years at the same rate of $10,300.50 per year. Amendment summary: $21,000 — total current operations budget for 2 years. 20,601 — total amount for a 2 year extension. (2010 -2011) $399 — balance remaining in the line items for parking lot services. Contract summary: $13,708.80 — original contract (2006-2007) 9,801.00 — lst amendment (2008) 10,300.50 — 2md amendment (2009) $33,810.30 — to date contract amount. +20,601.00 — recommended amount for this 3rd amendment. (2010-2011) $54,411.30 — total 6 year amount not to exceed. Attachments: None Options Considered: 1. Authorize the third amendment 2. Do not authorize the third amendment 3. Do not authorize the third amendment and provide direction to staff. STAFF RECOMMENDATION: Staff recommends amending the term of the contract for an additional 2 years and increasing the compensation by $20,601.00. CITY MANAGER APPROVAL: -Wt,, l-;7"gow DIRECTOR APPROVAL:&4i1� committee Council Committee Coumcil COMMITTEE RECOMMENDATION: OPTION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "! move approval to amend the term of the contract for an additional 2 years, increase the compensation by 520.601.00 and authorize the City Manger to execute the amendment (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED _ 1 "r reading 59 ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING )ordmonces only) ORDINANCE # acvtcFn_ _ aFc"t IrrrnNttt 60 COUNCIL MEETING DATE: February 16, 2010 ITEM 4: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WM. DICKSON RETAINAGE RELEASE POLICY QUESTION: Should the City accept the contract with Wm. Dickson Co. as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Feb 9, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Interim PRCS Director DEPT: PRCS __..... _ _._... P -- -- -' - .....--- -- - - ...... .... - - ---- -- History: The City contracted with Wm. Dickson Co. to properly demolish and dispose of the Fisher Pond home and structures in the amount of $22,256.97 including tax. Wm. Dickson Co. has completed all the work within this contract. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of kevenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $20,326.00 — Contract total 1,930.97 — sales tax $22,256.97 - Total project cost $11,128.49 - 50% retainage held from the $22,256.97 Attachments: NA Options Considered: 1. Accept the contract as complete. 2. Do not accept the contract as complete. 3. Do not accept the contract as complete, and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $11,128.49 to Wm. Dickson Co. CITY MANAGER APPROVAL: di -1%, - DIRECTOR APPROVAL: ewt to Committee to Council to Comnuttee To Council COMMITTEE RECOMMENDATION: Forward to full Council on February 16 for approval; the acceptance of the Wm. Dickson Co. contract as complete and authorize staff to release their $16,223.75 retainage. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the contract as complete and authorize staff to release retainage in the amount of $11,128.49 to Wm. Dickson Co." (BELOW TO BE COMPLETED 8V CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED b reading ❑ TABLED/DEFERRED/NO.ACTION 61 Enactment reading ❑ MOVED TO SECOND READING (ordinance, onity ORDINANCE ii _ REVISED — 02/06/2006 RESOLUTION 9 62 COUNCIL MEETING DATE: February 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THIRD AMENDMENT FOR PORTABLE TOILET SERVICES POLICY QUESTION: Should the Council authorize a third amendment for a service contract with Headquarters Portable Toilet Systems? COMMITTEE: PRHSPSC MEETING DATE: Feb 9, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY Stephen lkerd' Parks & Facilities Manager DEPT: PRCS - - - _ _..._.. ----- g . - - - - --- - -- — -...... Over the past four years, Headquarters has successfully provided portable toilet service to our Park system. By mutual agreement we seek authorization to extend their service contract for an additional 2 years at the same rate of $6,500 per year. Amendment summary: $14,800 - total current operations budget for 2 years. 13,000 - total amount for a 2 year extension. (2010 -2011) $1,800 - balance remaining in the line item for rental services. Contract summary: a $13,000 - original contract (2006-2007) 6,500 - l'` amendment (2008) 6,500 - 2nd amendment (2009) $26,000 - to date contract amount. +13,000 - recommended amount for this third amendment. (2010-2011) $39,000 - total 6 year amount not to exceed. Attachments: None Options Considered: 1. Authorize the third amendment 2. Do not authorize the third amendment. 3._Do_not _authorize the third ,amend ment. and provide direction _to_ staff. _...._.__.__._.____ STAFF RECOMMENDATION: Staff recommends amending the term of the contract for an additional 2 years and Increasing the compensation by $13,000. CITY MANAGER APPROVAL: &,Ai 1-2-7-Aijo DIRECTOR APPROVAL: Committee Council Conunittee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to amend the term of the contract for an additional 2 years, increase the compensation by $13,000 and authorize the City Manger to execute the amendment " (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED In reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) 63 ORDINANCE # RE V IS ED — 02/06/2006 RESOLUTION 4 64 SUBJECT: CRIMINAL CODE UPDATE — CYBERSTALKING POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND FEDERAL WAY REVISED CODE 6.35.010 TO INCORPORATE STATE LAW REGARDING CYBERSTALKING? COMMITTEE: PRHS&PS MEETING DATE: February 9, 2009 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law Section 9.61.260 of the Revised Code of Washington (RCW) sets forth the crime of Cyberstalking and categorizes it as a gross misdemeanor. Currently, the Federal Way Revised Code (FWRC) does not include a reference to RCW 9.61.260. This amendment adds this crime to the Federal Way Revised Code. Attachments: Proposed ordinance amending FWRC 6.35.0 10 to incorporate State Law — Cyberstalking. Options Considered: 1. Approve the proposed ordinance modifying FWRC 6.35.010. 2. Reject the proposed ordinance modifying FWRC 6.35.010 STAFF RECOMMENDATION: Approve Option 1 CITY MANAGER APPROVAL: JVI" I � DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): I move to forward the ordinance to a second reading for enactment on the March 2, 2009 consent agenda. 2ND READING OF ORDINANCE (CONSENT AGENDA DATE): "I move approval of Option 1 modifying Federal Way Revised Code 6.35.010 " _ (BELOW TO BE COMPLETED BYClTYCLERKs 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 # 65 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Cyberstalking; amending FWRC 6.35.010. (Amending Ord. Nos. 05-508, 94-215,91-89) WHEREAS, Federal Way Revise Code ("FWRC") 6.35.010 adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington ("RCW"); and WHEREAS, RCW 9.61.260, Cyberstalking is a gross misdemeanor; and WHEREAS, FWRC 6.35.010 does not reference RCW 9.61.260; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to incorporate the State Law into the FWRC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.35.010 shall be amended to read as follows: 6.35.010 Assault and other crimes involving physical harm The following state statutes are adopted by reference: RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass. 9.61.240 Telephone harassment — Permitting telephone to be used. 9.61.250 Telephone harassment — Offenses, where deemed committed. 9.61.260 Cyberstalking. 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.070 Coercion. 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to summon assistance — Penalty. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or Ordinance No. 10 - 66 Page I of 3 Rev 3/09 invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that. any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City CIerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance 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 ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2010. ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 10 - CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR 67 Page 2 of 3 Rev 3/09 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: KAOrdinance\2010\Criminal update— cyberstalkina Ordinance No. /0- 68 Page 3 of 3 Rev 3/09