Council PKT 04-17-2012 RegularCITY OF
,� Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 17, 2012
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATION
a. Certificate of Appointment — Human Services Commission
b. Mayor's Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit
your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate
negatively to other rndividuals or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval. All items are enacted by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: April 3, 2012 Special and Regular Meeting ...page 3
b. Grant Funding for Transportation Improvement Projects — Authorization to Submit
AppllCatlon...page 13
c. Mark Twain Elementary School Safe Route to School Project — 85% Design Status
Report and Authorization to Bid...page 15
d. Agreement with the Kiwanis Foundation of Federal Way for Parks and Recreation
FundS...page 17
e. DSHS Interlocal Agreement for individuals and Families ...paqe 24
f. Federal Way's 2012 CDBG Public Services Budget...page 42
g. 2012 Community Enhancement Grant Allocations...page 45
h. Allocations of the 2012 City Employee Donations to the Human Services Fund...page as
The Council may add items and take action on items not listed on the agenda.
6. COUNCIL BUSINESS
a. Meeting with Lakehaven Commissioners Pursuant to Section 29 of the Franchise
Agreement...page 52
b. Appointment to the Arts Commission...page 5a
7. COUNCIL REPORTS
8. MAYOR'S REPORT
9. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION Should the City Council approve the draft minutes of the April 3, 2012 Council Special
and Regular Meetings?
COMMITTEE• N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Ot
Y
STAFF REPORT BY: Carol McNeill y, Cit Clerk DEPT: Human Resources
._.........._..._._ .................._......................_........................._. ..._........................... _.. h........_.._....._. .............................__ ........__. ... _ .............. _..........----.. __..._._- ._ .........
__._..� - -..
Attachments:
Draft minutes from the April 3, 2012 City Council Special and Regular meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
STAFF RECOMMENDATION Staff recommends approving the minutes as presented.
CITY CLERK APPROVAL: N/A — DIRECTOR APPROVAL: N/A N/A
Committee Council Committee Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I MOVEAPPROVAL OF THE MINUTES, AS PRESENTED ".
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
• TABLED/DEFERRED/NO ACTION
Enactment reading
• MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 02/06/2006
RESOLUTION #
CITY OF
. Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
April 3, 2012
5:15 P.M.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 5:16 pm.
Elected Officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Susan
Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger
Freeman and Councilmember Dini Duclos. Councilmember Linda Kochmar arrived at 5:24
pm.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. DISCUSS APPOINTMENT TO THE INDEPENDENT SALARY COMMISSION
On March 20, 2012 the Council interviewed an applicant for the Independent Salary
Commission. The Council discussed the appointment which is scheduled for action at the
April 3, 2012 Regular Meeting. Councilmember Kochmar recused herself from this discussion.
3. CIVIC CENTER DEVELOPMENT
Mayor Priest stated the City owns eight acres in the heart of downtown, the former AMC
Theatre Site and the former Toys R Us site. These properties are economic development
tools that present the opportunity to catalyze the kind of development that will transform the
City Center into a destination for retail, entertainment, and a good source of jobs for the
economy. Tonight's presentation is the beginning of a thorough review to move forward in a
thoughtful and well- researched way.
Community and Economic Development Director Patrick Doherty reviewed the history of the
Performing Arts and Conference Center (PACC). In 2008 the City conducted a citizen's survey
in which 62% of respondents stated they would support use of city funds to develop a
Performing Arts Center in the downtown core. At the 2009 City Council Retreat, the idea of a
joint Performing Arts and Conference Center was discussed and staff hired Webb
Management to conduct a feasibility study and space analysis. Mr. Doherty reviewed key
elements and components of that study. LNM Architects was contracted in 2009 to conduct a
siting analysis. The Toys R Us site was one of the top sites identified. In December 2010 the
city purchased the property with a $5M state grant. LMN Architects also provided the city with
City Council Minutes — April 3, 2012 Special Meeting Page 1 of 3
initial programming, spatial analysis and cost estimates. Mr. Doherty reviewed the project
development cost estimates provided by LMN Architects as well as estimates developed by
Westlake Architects based on their work developing the Lone Tree Cultural Arts Center. Mr.
Doherty reviewed various financing options for development of a PACC.
The likely costs of developing and operating the PACC would be too high for the City to
support on its own. Staff is proposing to explore a public - private partnership for development
of a PACC. The project would consist of a PACC and hotel with restaurant/catering.
a. RFQ /RFP - Civic Center:
Staff has prepared a Request for Qualifications (RFQ) in order to seek a private- sector
partner for joint venture development of a Performing Arts and Conference Center (PACC).
Mr. Doherty highlighted key points of the RFQ which include components of the conference
center, project vision and principles, and the tentative RFQ schedule.
b. AMC Theatre Site Update:
Community and Economic Development Director Patrick Doherty stated Arcadd, Inc.
remains in contact with the City, providing updates on the financing for their proposed
project. They stated they plan to return to Council with earnest money and a new purchase
and sale agreement for the site.
Mr. Doherty reviewed and alternative development concept that was presented at the 2012
Council Retreat which includes a park and restaurant/retail development.
The Council asked clarifying questions of Mr. Doherty regarding comparison of
development cost alternatives, financing options, proposed edits to the RFQ - specifically
revising the reference to a major new proposal under the "About Federal Way City Center'
section.
c. Public Comment:
Brian Davenport requested that the facility have an appropriately -sized orchestra pit and
encouraged the city to research what types of groups /organizations will be using the venue
and identifying their needs to aid in development.
Maureen Hathaway spoke in support of developing a PACC and shared statistical research
and reference materials regarding cultural arts revenues and facility development to the
Council.
David Bauch stated a PACC needs to have a key organization that is financially viable to
anchor the venue.
4. EXECUTIVE SESSION
The Council adjourned to executive session at 6:46 pm to discuss potential litigation pursuant
to RCW 42.30.110(1)(i) for approximately 14 minutes. The Council adjourned from executive
session at 7:02 pm.
5. ADJOURNMENT
Mayor Priest adjourned the meeting at 7:02 pm.
City Council Minutes — April 3, 2012 Special Meeting Page 2 of 3
Attest:
Carol McNeilly, CIVIC, City Clerk
Approved by Council:
City Council Minutes — April 3, 2012 Special Meeting Page 3 of 3
CITY OF
.� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 3, 2012
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:08 pm.
Elected Officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda
Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Dick Mayer led the Pledge of Allegiance.
MOTION: Councilmember Duclos moved to amend the agenda to add item 6c under
Council Business the discussion of the proposed Request for Qualifications for the
Performing Arts Conference Center. Deputy Mayor Ferrell second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7 -0.
3. PRESENTATIONS
a. Volunteer Spotlight: Earth Day Volunteers
Mayor Priest announced the Volunteer Spotlight was focused on individuals that make
Earth Day a resounding success year after year in Federal Way. Councilmember Honda
stated Earth Day was a tremendous day for volunteer work in Federal Way as hundreds of
volunteers turn out to spend the day working in parks. Mr. Jack Walsh plays a key role in
the success of Earth Day. Councilmember Honda read the proclamation into the record
and presented it to Jack Walsh.
City Council Minutes — April 3, 2012 Regular Meeting Page I of 6
City Parks and Facilities Supervisor Jason Gerwen reported that April 21 from 9:00am to
noon volunteers will be participating in Federal Way's Earth Day. Steel Lake and
Sacajawea Parks will be the main venues for this year's volunteer event; however, work
will be performed at other parks as well. He reviewed the number of participants and
volunteer hours that have been donated on Earth Day's since 2006. Mr. Gerwen stated
Mr. Walsh is responsible for rallying the majority of volunteers that participate each year.
Mr. Walsh thanked the Council for the recognition and stated his involvement started
when his church was looking for a volunteer opportunity to get involved in that would make
Federal Way a great place to live. It has been a wonderful experience working with city
staff and the volunteers at the Earth Day events.
b. Ethics Board Certificate of Appointment
At their March 20, 2012 meeting the City Council made two appointments to the Ethics
Board. Deputy Mayor Ferrell read the certificate of appointment into the record.
c. Diversity Commission Certificate of Appointment
At their March 20, 2012 meeting the City Council made one appointment to the Diversity
Commission. Councilmember Honda read the certificate of appointment into the record.
d. Mayor's Emerging Issues
Puget Sound Energy
Gary Nomensen from Puget Sound Energy (PSE) made a brief presentation that
focused on the January 2012 storm related power outages and the steps being taken
to address potential future outages. Damage from the storm resulted in 19,400 wires
spliced, 109 poles that needed to be replaced and 87 miles of conductor that needed
to be replaced. The ice was a major factor in power outages and contributed to unsafe
conditions for workers. Doug Corbin of PSE reviewed their power outage call -out
process as well as reliability improvements that have and will continue to occur in
Federal Way.
State Budget:
Mayor Priest stated there was nothing new to report as the Legislature has not acted
on the State Budget. The Legislature is scheduled to discuss further proposals starting
tomorrow.
4. CITIZEN COMMENT
Kelly McGinnis shared her frustration with Puget Sound Energy, and the fact that she tends to
lose power at her residence during storms. She would like to see the city to work with PSE
and advocate on behalf of citizens.
Lina Rose — EarthCorps Project Manager provided an update on their work with Friends of the
Hylebos. She reviewed their 2011 volunteer data and their plans to work at Brooklake Park,
Poverty Bay, Dumas Bay Park and other locations.
Nancy Combs stated she has been asking for a 4 -way stop in her neighborhood for many
years. She doesn't think the Council or city staff cares about this issue because none of them
live in the area.
City Council Minutes — April 3, 2012 Regular Meeting Page 2 of 6
Libby Bennett supports Nancy Combs with her efforts to get a 4 -way stop in her
neighborhood. The intersection being discussed is two blocks from a school and there are
numerous children that walk through the area.
Joanne Piquette spoke in support of the City moving forward with a RFQ for a Performing Arts
and Conference Center. She reviewed some steps that could be taken while the RFQ is being
advertised.
Walter Backstrom shared information on a fundraising event for Sequoya Middle School 7
graders that are trying to travel to Washington D.C.
Bob Kellogg spoke in support of a joint venture development to build a Performing Arts and
Conference Center. He would like the RFQ to emphasize that Federal Way is a destination
city.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval. All items are enacted by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: March 20, 2012 Special and Regular Meeting
b. Monthly Financial Report — February 2012
c. Vouchers
e. Amend Animal License and Firearm Fees
Purchase of SECTOR Equipment
g. Resolution: Approving the Clarifying Amendment of the Appeals Process to the
Cafeteria Plan — Resolution 12 -618
h. Highline Community College 2012 CDBG Funding Recommendations
MOTION: Deputy Mayor Ferrell moved approval of items 5a through Sc and 5e
through 5h. Councilmember Duclos second.
Deputy Mayor Ferrell pulled item 5d Seattle's Proposal to Extend Alcohol Service Hours from
the consent agenda.
Vote: Items 5a, 5b, 5c, 5e, 5f, 5g and 5h.
Deputy Mayor Ferrell
Yes
Councilmember Kochmar
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Freeman
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
a. Seattle's Proposal to Extend the Alcohol Service Hours
Police Chief Brian Wilson stated the City of Seattle has made a request to the
Washington State Liquor Control Board to extend the hours that alcohol can be served
within their city limits. Chief Wilson stated he believes there are potential serious negative
impacts that could occur as a result of this change which include higher levels of
City Council Minutes — April 3, 2012 Regular Meeting Page 3 of 6
intoxication, more drunk drivers on the road during peak morning commute time and
more demands made for law enforcement services. Staff is recommending the Council
oppose the City of Seattle's petition to amend State Administrative Rule WAC 314 -11-
070 relating to liquor service hours and the adoption of new rules governing the
establishment of extended hours of service areas within local jurisdictions.
MOTION: Deputy Mayor Ferrell moved that the City Council sign the proposed letter
to the Washington State Liquor Control Board opposing extending the hours for
serving liquor. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember freeman Yes
Councilmember Duclos Yes
Motion carried 7 -0.
6. COUNCIL BUSINESS
a. Appointment to the Human Services Commission
MOTION: Councilmember Honda moved to appoint Waiyego Pearson as a voting
member to fill the remainder of an unexpired term of January 31, 2013.
Councilmember Kochmar second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7 -0.
b. Appointment to the Independent Salary Commission
Deputy Mayor Ferrell reported the Council would not be making an appointment to the
Independent Salary Commission.
c. Discussion of the proposed Request for Qualification for the Performing Arts
Conference Center
The Council received a presentation and discussed this item during the Special Meeting
which was held prior to tonight's Regular Meeting.
Motion: Councilmember Duclos moved to approve in principal the Request for
Qualifications seeking a public - private partnership for development of the
Performing Arts Conference Center, and authorize the Mayor to finalize and
advertise the Request for Qualifications. Deputy Mayor Ferrell second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
City Council Minutes — April 3, 2012 Regular Meeting Page 4 of 6
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Freeman
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
7. ORDINANCES
Second Reading:
a. CB #604 Diversity Commission
An ordinance of the City of Federal Way, Washington relating to responsibilities and objectives of
the Diversity Commission
At their March 20, 2012 meeting the Council moved to forward this ordinance to
second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Honda moved approval and enactment of the
ordinance. Councilmember Freeman second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7 -0. Ordinance 12 -723
8. COUNCIL REPORTS
Councilmember Kochmar reported she will be attending the Suburban Cities Association
Public Issues Committee meeting next week where they will be discussing flooding issues.
She thanked the Diversity Commission for their donation of books to local schools and the
opportunity to read to Lake Dolloff Elementary students. She attended a screening of "Sex
and Money" a film that focused on the issue of human trafficking.
Councilmember Honda spoke about the Diversity Commission's program to provide books
that focus on diversity to local schools. She participated in the reading program and read to
students at Lakeland Elementary. She also attended the screening of "Sex and Money" which
will be shown on April 18 at 7:00pm at Saint Luke's Church. She attended a city sponsored
recycling workshop on Saturday.
Deputy Mayor Ferrell reported that he spoke to a group of 7 th graders at Sequoyah Middle
School regarding government. Tomorrow is the FW Chamber of Commerce luncheon where
Sound Transit CEO Joni Earl will be speaking. He reported on an upcoming meeting with
Sound Transit and the Domestic Abuse Women's Network breakfast meeting.
Councilmember Burbidge noted the next Lodging Tax Advisory Committee meeting is April
City Council Minutes - April 3, 2012 Regular Meeting Page 5 of 6
10 The committee will be reviewing the tourism enhancement grant applications and
recommendations. She will be attending a Growth Management Planning Council meeting as
well as a Women's Advisory Group meeting at Saint Francis Hospital.
Councilmember Celski reported the next Land Use Transportation Committee meeting isApril
9 th He noted April 16 from 6:00pm to 9:00pm is the Reach -Out Federal Way organizations
fundraising event at Pattison's West skating center.
Councilmember Freeman reported he has taken on a project that focuses on teen truancy
reduction and would like to see the City provide more activities and job opportunities for young
people. He would like the Council to discuss ways in which the leaders of the City can
empower young people.
Councilmember Duclos had no report.
9. MAYOR'S REPORT
Mayor Priest had no report.
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:42 pm.
Attest:
Carol McNeilly, CIVIC, City Clerk
Approved by Council:
City Council Minutes — April 3, 2012 Regular Meeting Page 6 of 6
COUNCIL MEETING DATE: April 17, 2012 ITEM #:
....._... .............. ..__..._ . ............ . .............. .. .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Grant Funding for Transportation Improvement Projects — Safe Routes to Schools
POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation
improvement projects?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: April 9, 2012
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic
DEPT: Public Works
Attachments: Memorandum to the Land Use and Transportation Committee dated April 9, 2012.
Options Considered:
1. Authorize staff to submit grant funding applications under the 2012 WSDOT Safe Routes to Schools
Funding Program for the following transportation improvement projects:
• Lakota Middle School Sidewalk — 13 Ave SW: SW 310 St — SW 316`" St
• Adelaide Elementary School Sidewalk — 16 Ave SW: SW 300 St — SW 306 St
2. Modify the project for which staff should submit a grant- funding application.
3. Do not submit an ant .. fundin a ....... 1?p licatlons for these projects in 2012.
_........_......... .._ ...................... __...........
............................ ..._.............. ..................................................................... y......_.......... . ..................... _ g. .................................................... ............................... ...................................................................................... ..........
MAYOR'S RECOMMENDATION: Forward Option 1 to the April 17, 2012 City Council Consent Agenda for
approval.
MAYOR APPROVAL: "' I DIRECTOR APPROVAL:
/Zcommittea Council Committee Council
COMMITTEE RECOMMENDATION: Forward Option 1 to the April 17, 2012 City Council Consent Agenda for
approval.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 57 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
PROPOSED COUNCIL MOTION: "I move to authorize staff to submit a grant funding application for the
following transportation improvement projects under the 2012 WSDOT Safe Routes to Schools Funding
Program:
• Lakota Middle School Sidewalk— 1P Ave SW: SW 314 St — SW 316` St
• Adelaide Elementary School Sidewalk —16` Ave SW: SW 304` St— SW 306 St"
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 9, 2012
TO: City Council
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management
Rick Perez, P.E., City Traffic Engineer
SUBJECT: Grant Funding for Transportation Improvement Projects —Authorization to Submit
an Application
BACKGROUND
This memorandum provides the Council with the current status of new grant funding programs for
transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year
Transportation Improvements Plan (TIP) and concluded that the following projects will likely be
competitive in the 2012 WSDOT Safe Routes to Schools Program.
Project (Funding Phase)Grant Estimated Project Possible Grant Required City
Cost Fund Match
Lakota Middle School Sidewalk —13 Avenue SW: SW 314' Street — SW 316` Street
(Design and Construction)
Safe Routes to Schools (Federal Funds) $350,000 $350,000 $0 **
Adelaide Elementary School Sidewalk —16 Avenue SW: SW 304 Street — SW 306 Street
(Design and Construction)
Safe Routes to Schools (Federal Funds) $650,000 $650,000 $0 **
* *No City match is required for this project. Staff proposes to provide project management as in -kind services for a match.
K: \LUTC \2012 \04 -09 -12 Grant Funding for Transportation Projects - SRTS .doe
S UBJECT: Mark Twain Elementary School Safe Routes to School Project — 85% Design Status Report and
Authorization to Bid
POLICY QUESTION Should the Council authorize staff to proceed with design of the Mark Twain Elementary
School Safe Routes to School Project and return to LUTC for bid award, further reports and authorization?
COMMITTEE Land Use and Transportation Committee MEETING DATE April 9, 2012
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ _Other
STAFF REPORT BY: Marwan Salloum, P.E., Deput Public Works DirectO� Public Works
................................. ............................... .:.... .................... .......... ........... ... .................. . ..................... ............ ............................... .'........... ................ ........................................................... ...... ............... ....... _ ......... ........... ........... _.. .............. ... ._........ _ ...... _ .............
_.........
Attachments: Land Use and Transportation Committee memorandum dated April 9, 2012.
Options Considered:
1. Authorize staff to finalize project design and bid the Mark Twain Elementary School Safe Routes to School
Project, and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the April 17, 2012 City Council
consent agenda for approval.
MAYOR APPROVAL:
DIRECTOR APPROVAL:
Committee Council
PROPOSED COUNCIL MOTION: "1 move to authorize staff to finalize project design and bid the Mark Twain
Elementary School Safe Routes to School Project, and return to the LUTC Committee to award the project to the
lowest responsive, responsible bidder. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED I reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
COMMITTEE RECOMMENDATION: Forward Option 1 to the April 17, 2012 City Council consent agenda for
approval.
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 9, 2012
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and mergency Management
9
Marwan Salloum, P.E., Deputy Public Works Director
SUBJECT: Mark Twain Elementary School Safe Routes to School Project— 85% Design Status Report and
Authorization to Bid
BACKGROUND:
This project will construct the following safe Route to school improvements:
• Complete construction of an 8 -10' wide paved walkway approximately 485 feet in length from
the street to the stairs of the school entrance.
• ADA compliant ramps on the school property and on the right of way crossing
• (1) Advanced 20 mph Solar School Zone Flasher
• (1) Advanced School Zone sign,
• (2) Solar powered LED rectangular shaped Rapid Flashing Beacons at the school zoned
crossing on Star Lake Road
• (2) Advanced School Crossing Signs
The following provides a brief synopsis of the progress on this project to date. Currently, the project design is
approximately 85% complete, which includes the following completed tasks:
• Preliminary Contract Specifications
• Project Design to 85%
• NEPA/SEPA Documentation and Submittals
PROJECT ESTIMATED EXPENDITURES:
Design $ 94,761
2012 Construction Cost 260,600
10% Construction Contingency 26,060
C onstruction Management (City Staff) 0
TOTAL PROJECT COSTS $ 381,421
AVAILABLE FUNDING:
Budgeted City Funds 0.00
Safe Route to School Grant $ 386,057
TOTAL AVAILABLE BUDGET $ 386,057
This project is within available budget and staff anticipates bidding the project in May 2012 and
awarding it in June 2012. Construction will commence in early July 2012 with an estimated
substantial completion before September 5, 2012, the opening date of the 2012 -2013 school year.
SUBJECT: AGREEMENT WITH THE KIWANIS FOUNDATION OF FEDERAL WAY FOIL PARKS AND
RECREATION FUNDS.
POLICY QUESTION Should the City Council approve the agreement with Kiwanis Foundation of Federal
Way?
COMMITTEE: PRHSPSC MEETING DATE 4/10/12
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Hutton Recreation Supervisor DEPT: P RHS_ --
The City of Federal Way had a long standing relationship with a 501(c) (3) organization called the
North West Parks Foundation to help take in donations from corporations, foundations and individuals.
They became a victim of the economic downturn and had to close their doors. The City approached
the Kiwanis Club of Federal Way and they graciously agreed to help us with this situation.
The Kiwanis Club of Federal Way has an interest in establishing a Parks and Recreation Fund. This fund would
be established by the Kiwanis to make grants to the Parks, Recreation and Cultural Services Department to
enhance programs and facilities. The city desires to receive such grants for use for Parks and Recreation
protects.
Attachments: Agreement for Parks and Recreation Funds.Options Considered:
1. Approve the agreement for Parks and Recreation Funds
2. Decline the agreement for Parks and Recreation Funds _._._..__...__.._. ._...... - . ........ ......_..._..
MAYOR'S RECOMMENDATION The Mayor recommends Council approval of option 1. Agreement for Parks
and Recreation Funds.
MAYOR APPROVAL: C�� DIRECTOR APPROVAL:
Comm ee ouncil Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 17,2012 consent
agenda for approval.
6-C C-1
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1 reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED- 08/12/2010
RESOLUTION #
PROPOSED COUNCIL MOTION "1 move approval of the Parks and Recreation Funds A0eement, effective
upon signature through . December 31, 2015, and authorize the Mayor to sign said agreement. "
CITY OF
Federal Way
Parks and Facilities Division
Date: March 23, 2012
To: PRHSPS Council Committee
From: John Hutton, Recreation Supervisor
Via: Mayor Skip Priest
Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. G AA
Subject: Agreement for Parks and Recreation Funds
Background: The City of Federal Way had a long standing relationship with a 501(c) (3)
organization called the North West Parks Foundation to help take in donations from
corporations, foundations and individuals. They became a victim of the economic
downturn and had to close their doors. The City approached the Kiwanis Club of
Federal Way and they graciously agreed to help us with this situation. The Kiwanis
Foundation of Federal Way (the "Foundation "), a 501(c)(3) organization affiliated with
the Kiwanis Club of Federal Way, has an interest in establishing a Parks and Recreation
Rind which would be available to make grants to the City for use by the City's Parks and
Recreation Department for the development and or enhancement of P &R programs and
facilities. The City desires to receive such grants for use for P &R projects.
The P &R Fund shall be established by the Foundation and the Foundation shall accept
donations from individuals, corporations, and foundations designated for P &R Projects.
Donations may generally refer to P &R Projects, or may designate that funds are donated
for a specific P &R Project. By way of examples and not of limitation, a donation to the
P &R Fund may designate use for any P &R Project, in which case donation would be
eligible to be granted for any P &R Project. However, if a donation designated use for a
specific project (such as replacement of playground equipment at a specific City park),
the donation would be eligible to be granted only for that specific project.
This is an excellent opportunity for the Parks and Recreation Department to improve and
enhance programs for the citizens of Federal Way.
CITY OF CITY HALL
Afro . Fe d e ra I Way (253) 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederahvay com
AGREEMENT
FOR
PARKS AND RECREATION FUNDS
Agreement made as of this of , 2012 by and between the Kiwanis Foundation of Federal Way,
a Washington non - profit corporation (the "Foundation ") and the City of Federal Way, Washington, a municipal
corporation (the "City). The Foundation and the City (together "Parties ") are located and do business at the
below addresses which shall be valid for any notice required under this Agreement:
KIWANIS FOUNDATION OF FEDERAL WAY:
James Burbidge, DDS
c/o Steven L. Ellison
Brantly Janson Yost Ellison
1617 South 325
Federal Way WA 98023
253- 620 -3129 (Ellison telephone)
253- 874 -6831 (Ellison facsimile)
Ellison @bjye.com
253- 838 -4018 ( Burbidge telephone)
253- 952 -6815 ( Burbidge facsimile)
jimburbidge@comcast.net
CITY OF FEDERAL WAY:
John Hutton
33325 8 Ave. S.
Federal Way, WA 98003 -6325
(253) 835 -6928 (telephone)
(253) 835 -6929 (facsimile)
John. Hutton(d,cityoffederalway. com
The Kiwanis Foundation of Federal Way (the "Foundation "), a 501(c)(3) organization affiliated with the
Kiwanis Club of Federal Way (the "Club "), has an interest in establishing a Parks and Recreation fund (the "
P &R Fund" ) which would be available to make grants to the City for use by the City's Parks and Recreation
( "P &R ") Department for the development and or enhancement of P &R programs and facilities ( "P &R
Projects "). The City desires to receive such grants for use for P &R projects.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Foundation and City agree as follows:
1. The Fund
a. The P &R Fund shall be established by the Foundation and the Foundation shall accept donations from
individuals, corporations, and foundations designated for P &R Projects. Donations may generally refer
to P &R Projects, or may designate that funds are donated for a specific P &R Project. By way of
examples and not of limitation, a donation to the P &R Fund may designate use for any P &R Project, in
which case donation would be eligible to be granted for any P &R Project. However, if a donation
designated use for a specific project (such as replacement of playground equipment at a specific City
park), the donation would be eligible to be granted only for that specific project.
b. The P &R Fund would be held as part of the monies of the Foundation, separated only by bookkeeping
entries. The Foundation shall track funds for donated for a specific P &R Project by such P &R Project.
c. The Foundation shall maintain the P &R Fund in an FDIC insured account, whether or not interest
bearing. In the event the Fund is placed in an interest bearing account, all interest earned would go to
the Foundation's general account and not accrue to the P &R Fund.
CITY OF CITY HALL
33325 F Feder 8th Avenue South
Federal Way
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoiiederalway com
d. The Foundation and Club shall not be obligated to solicit donations to the P &R Fund, but the City may
tell potential donors that tax- deductable donations may be made to the P &R Fund.
e. All donations to the Fund shall be held in the P &R Fund, except that Foundation shall deduct 5% (five
percent) of donations for administrative expenses. The amount of donations less such 5% shall
hereinafter be referred to as the "Net Amount ".
f. Within two weeks after the end of a calendar quarter, the Foundation shall report to the City in writing
on (i) the donations received by the P &R Fund in that quarter, showing specific donations and the
designation of any donations to specific P &R Projects, (ii) the amount deducted by the Foundation in
that quarter for administrative expenses and (iii) the amount of any grants made to the City in that
quarter.
2. Grants from the P &R Fund
a. The Net Amount shall be eligible to be granted by the Foundation to the City for P &R Projects;
provided, however, no grant request shall be made for, no grant shall be given for, and no granted funds
shall be expended for salary and/or benefits of any existing City employee.
b. Not more often than once per calendar quarter the City may submit requests to the Foundation for one or
more grants to be made to the City from the P &R Fund for P &R Projects. Unless otherwise permitted
by the Foundation, all grant requests for a quarter shall be submitted to the Foundation at the same time.
Grant requests for a P &R Project where the P &R Fund holds designated donations shall not exceed the
Net Amount of those designated donations. Grant requests for P &R Projects where there are not
designated donations shall not exceed the Net Amount in the P &R Fund from non - designated donations.
c. Grant requests shall be in writing, signed by an authorized City official, and contain the following:
(1) A description of the P &R Project.
(2) The total amount budgeted by the City for the P &R Project.
(3) The estimated commencement and completion dates of the P &R Project.
(4) The amount of the grant request.
(5) A statement that no grant funds will be used for salary and/or benefits of any existing City
employee.
d. The Foundation shall notify the City of grant approval as soon as possible after receiving a grant request.
It is anticipated that all grant requests will be approved if the request is submitted in accordance with
this Agreement, unless there have been reasonable concerns raised as to the legality of the P &R Project
for which a grant has been requested or there have been reasonable questions raised as to inappropriate
conduct by City employees or contractors related to such P &R Project.
e. Generally the payment of an approved grant will be made promptly after the City notifies the
Foundation in writing that the City has paid the Project expenses for which the grant was requested.
However, the City may request, and the Foundation may approve, payment of an approved grant prior to
the City's payment of such expenses.
f. Not later than thirty days after the end of the calendar quarter following the quarter in which a grant is
made, the City shall report to the Foundation in writing on the status of the P &R Project for which the
grant was made. In the event that the P &R Project has not been completed, the City shall include such
P &R Project in its quarterly report until such P &R Project has been completed.
3. No Partnership
Neither the City nor the Foundation nor Club shall refer to the relationship established by this
Agreement as a partnership or joint venture, and neither the P &R Fund nor any grant established or
made pursuant to this Agreement shall be referred to as a "pass through ".
` CITY OF CITY HALL
33325 �.,�....,
Federal Way Feder 8th Avenue South
Federal Way, WA 98003 -632.5
(253) 835 -7000
www cityoffederahvay com
4. Term; Termination
a. Subject to earlier termination as hereinafter set forth, the term of this Agreement shall commence on
date this Agreement was made as written above and end on December 31, 2015.
b. Either party may terminate this Agreement, with or without cause, on six months prior written notice
to the other parry.
c. In the event of termination, then any Net Amount remaining in the P &R Fund on the effective date
of termination shall be distributed as follows:
(1) Such Net Amount as is not designated to a particular P &R Project shall be paid by the
Foundation to the City with instructions that the Net Amount is to be held and used
exclusively for P &R Projects.
(2) Such Net Amount as is designated to a particular P &R Project shall be paid by the
Foundation to the City with instructions that the Net Amount is to be held and used
exclusively for the designated P &R Project.
Provided, however, in the event that the City has established a relationship with another 501(c)(3)
organization to establish a fund similar to that described in this Agreement, the City may request that the
Net Amounts be transferred by the Foundation to such other organization, with instructions on holding
and use as described above.
5. Compliance with Laws
The City and the Foundation shall comply with all applicable laws, ordinances and regulations
applicable to their respective organization and operations.
6. Indemnification and Insurance
a. The City shall indemnify the Club, the Foundation, their members, officers, directors and trustees,
and Kiwanis International ( "Indemnitees ") from and against any and all claims of any nature
whatsoever arising out of or in any way related to the Fund and any project receiving a grant from
the Fund, except to the extent a claim is caused by the fault or negligence of the Indemnitees.
b. The City shall have and maintain in full force and effect during the term of this Agreement policies
of commercial general liability ( "CGL ") insurance with limits of not less than $5,000,000 (five
million dollars) (including underlying and excess ( "umbrella ") coverage, and such policy shall name
the Indemnitees as additional insureds. The City shall provide the Fund with certificates of insurance
evidencing such coverage at the time of execution of this Agreement and thereafter on request
during the term hereof.
7. Mediation
In order to provide a cost and time effective method of resolving disputes under this Agreement, the
parties agree that any dispute under this Agreement that is not resolved by the parties themselves shall
be submitted to the American Arbitration Association ( "AAA ") for binding arbitration by a single
neutral arbitrator appointed by the AAA arbitrating under the then current rules of the AAA for
commercial arbitration. The parties shall share equally the fees and expenses of the AAA and the
arbitrator.
qry OF CITY HALL
4 33325 Federal Way Feder 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www aryoffederalway com
8. Notices
Any notice required to be given hereunder shall be must be in writing and shall sent by U.S. mail,
postage prepaid, or hand delivered. Notices may be sent by convenience by email or fax, but shall not
be deemed given until mailed or hand delivered as set forth above. Notices shall be deemed effective
three (3) business days after mailing by U.S mail, or upon receipt if given by hand delivery.
9. Authority of Signature
Each person executing this Agreement on behalf of a party represents that she or he has the authority of
such party to enter into this Agreement on behalf of the party on the terms and conditions stated herein.
10. Final Agreement
This Agreement is the final agreement of the parties with respect to the subject matter hereof,
superseding and merging all prior writings and communications. Any amendment or modification of
this Agreement must be in a writing signed by the parties hereto.
11. Execution in Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original.
12. No Assignment
Neither party may assign this Agreement nor delegate any obligations hereunder without the prior
written consent of the other party, which consent shall not be unreasonably withheld.
[Signatures on following page]
CITY OF CITY HALL
33325 '*._.,
Federal Way Feder 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederahvay corn
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
CITY OF FEDERAL WAY
Skip Priest, Mayor
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
KIWANIS FOUNDATION OF FEDERAL WAY
James Burbidge, DDS, Board President
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day personally appeared before me James Burbage, to me known to be the Board President of the
Kiwanis Foundation of Federal Way that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed,
if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
2012.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
SUBJECT: DSHS INTERLOCAL AGREEMENT FOR INDIVIDUALS & FAMILIES
POLICY QUESTION: Should the city enter into an Interlocal Agreement with the Department of Social and
Health Services (DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for
individuals with disabilities?
COMMITTEE: PRHSPS MEETING DATE: April 10, 2012
CATEGORY-
0 Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Gina Shaw, Community Recreation Coordinator DEPT: PRCS
.......................................................... ............................... ........................................................................................................................................................................................................................._...._......-.................._..._._.............._........................._.. ............................... - ._..._... ........_
- —
Attachments: Memorandum
Copy of Agreement
Options Considered:
1) Authorize the city to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities
to provide respite care opportunities through recreation services to individuals with disabilities.
2) Do not authorize City to enter into an Interlocal Agreement with Department of Disabilities, and provide
direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL:
Commi Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the authorization for the city to enter into an Interlocal
Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through
recreation services to individuals with disabilities to the full Council, April 17, 2012 consent agenda for approval.
Committee Chair
PROPOSED COUNCIL MOTION: "I move approval to authorize the city to enter into an Interlocal Agreement
with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation
services to individuals with disabilities "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
Date:
April 10, 2012
To:
Parks, Recreation, Human Services & Public Safety Council Committee
From:
Gina Shaw, Community Recreation Coordinator
Via:
Skip Priest, Mayor
CC:
Cary Roe, of Director, Parks, Public Works & Emergency Management
Subject:
DDD Interlocal Contract — Individuals and Families
Pollicv Question
Should the City enter into an Interlocal Agreement with Department of Social & Health Services
(DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for
individuals with disabilities?
Background
The purpose of respite care for the clients of DDD is to provide intermittent relief to persons
providing care for developmentally disabled individuals. The way that we provide this is
through our Inclusive Recreation programs which take place at the Community Center and out
in the community. Programming varies but includes day trips, classes, social clubs, cooking,
theater, and much more. This agreement would allow clients to register for eligible recreation
programs at no charge. DSHS would then reimburse the city for program fees. A copy of the
agreement is attached.
Option
1. Authorize the City Manager to enter into an Interlocal Agreement with DSHS Department
of Developmental Disabilities to provide respite care opportunities through recreation
services to individuals with disabilities.
2. Decline the authorization for the City to enter into an Interlocal Agreement with DSHS
Department of Developmental Disabilities.
CC: John Hutton, Recreation Supervisor
DSHS Central Contract Services
1760XP IFS Recreational Opportuni des (10- 24 -08) Page 1
DSHS Contract Number:
1212 -48737
CLIENT SERVICE CONTRACT
°°ARr'
Resulting From Solicitation Number:
g V
Rib S ICES
Individual and Family Services Program
RECREATIONAL OPPORTUNITIES
This Contract is between the State of Washington Department of Social
Program Contract Number:
and Health Services (DSHS) and the Contractor identified below.
Contractor Contract Number:
SSPS #104021
CONTRACTOR NAME
CONTRACTOR doing business as (DBA)
City of Federal Wa
CONTRACTOR ADDRESS
WASHINGTON UNIFORM
DSHS INDEX NUMBER
BUSINESS IDENTIFIER (UBI)
876 S 333rd St
_
70364
Federal Way, WA 98003 -
CONTRACTOR CONTACT
CONTRACTOR TELEPHONE
CONTRACTOR PAX
CONTRACTOR E -MAIL ADDRESS
Gina Shaw
253 835 -6924
-
DSHS ADMINISTRATION
DSHS DIVISION
DSHS CONTRACT CODE
Aging and Disability Services
Division of Developmental Disabilities
1760XP -12
Administration
DSHS CONTACT' NAME AND TITLE
DSHS CONTACT ADDRESS
Gregory Antoine
1700 E Cherry St
Contract Manager
Ste 200
Seattle, WA 98122 -4633
DSHS CONTACT TELEPHONE
DSHS CONTACT FAX
DSHS CONTACT E -MAIL ADDRESS
206 568 -5685
206 722 -3334
greg.antoine@dshs.wa.gov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT?
C DA NUMBER(S)
CONTRACT START DATE
CONTRACT END DATE
CONTRACT MAXIMUM AMOUNT
03/01/2012
02/28/2015
$0.00
EXHIBITS. The following Exhibits are attached and are Incorporated into this Contract by reference:
❑ Exhibits (specify):
No Exhibits.
T -e terms end ow'Witions of this Contraot ere an lnfegratlon and representation df the nal, entire and excivaive
understanding between the parties superseding and merging all previous agreements, writings, and communications, - oral
or otherwise, regarding the subject mater of this Contract. The parties signing below represent that they have read and
understand this Contract; and have the authority to execute this Contract. This Contract shall be binding on DSHS-only
upon signature by DSHS.
CONTRACTOR SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
D HS SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
John Cord y, Business Manager, DDD
DSHS Central Contract Services
1760XP IFS Recreational Opportuni des (10- 24 -08) Page 1
DSHS General Term and Conditions
1. Definitions. The words and phrases listed below,jas used in this Contract, shall each have the
following definitions;
a. "Central Contract Services" means the DSHS ,central headquarters contracting office, or successor
section or office.
i
b. "Confidential Information" or "Data" means information that is exempt from disclosure to the public
or other unauthorized persons under RCW 4211.56 or other federal or state laws. Confidential
Information includes, but-is not limited to, Personal Information.
c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor,
including any Exhibits, documents, or materials incorporated by reference. The parties may execute
this contract in multiple counterparts, each of , Nhich is deemed an original and all of which
constitute only one agreement. E -mail or Fac;r.imile transmission of a signed copy of this contract
shall be the same as delivery of an original.
d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or
successor section or office.
e. "Contractor" means the Individual or entity performing services pursuant to this Contract and
Includes the Contractor's owners, members, officers, directors, partners, employees, and /oragents,
unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor"
includes any Subcontractor and its owners, members, officers, directors, partners, employees,
and /or agents.
f. "Debarment" means an action taken by a F'ede'ral agency or official to exclude a person or business
entity from participating in transactions involving certain federal funds. '
g. "DSHS" or the "Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
6
h. "Encrypt" means to encode Confidential information into a format that can only be read by those
possessing a "key "; a password, digital certirAte or other mechanism available only to authorized
users. Encryption must use a key length of atileast 128 bits.
I. "Personal Information" means information identifiable to any person, including, but not limited to,
information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security. Numbers,
driver license numbers, other identifying numbers, and any financial identifiers.
j. "Physically Secure" means that access is restricted through physical means to authorized
individuals only.
k. "Program Agreement" means an agreement between the Contractor and DSHS containing special
terms and conditions, including a statement of work to be performed by the Contractor and payment
to be made by DSHS.
I. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or
sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters
can be accessed at http: / /apps.leg.wa.gov /row /,
m. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
DSHS Central Contract Services
1760XP IFS Recreational Opportunities (10 -2406) Page 2
DSHS General Terms and Conditions
n. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential information have access. Secured Areas may include buildings, rooms or locked
storage containers (such as a filing cabinet) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
o. "Subcontract" means any separate agreement or contract between the Contractor and an individual
or entity ( "Subcontractor") to perform all or a portion of the duties and obligations that the Contractor
Is obligated to perform pursuant to this Contract.
P. "Tracking" means a record keeping system that Identifies when the sender begins delivery of
Confidential Information to. the authorized and Intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. "Trusted Systems" include only the following methods of physical delivery: (1) hand - delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Postal Service ( "USPS ") first class mail, or USPS delivery services that
include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery
services (e.g. FedEx, UPS, DHQ which offer tracking and receipt confirmation; and (4) the
Washington State Campus mail system. For electronic transmission, the Washington State
Governmental Network (SGN) is a Trusted System for communications within that Network.
r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http: / /apps.leg.wa.gov /wac/.
2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only
personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accordance with this
Contract.
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
the Contractor has charged or will charge another agency of the state of Washington or any other
party for the same services.
5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
6. Confidentiality.
a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
Contractor's performance of the services contemplated hereunder, except:
DSHS Central Contract Services
1780XP IFS Recreational opportunities (10 -2408) Page 3
DSHS General Terms and Conditions
(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person or personal
representative of the person who is the subject of the Personal Information.
b. The Contractor shall protect and maintain all Confidential Information gained by reason of this
Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures, which include restricting access to the
Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view the
Confidential Information.
(2) Physically Securing any computers, documents, or other media containing the Confidential
Information.
(3) Ensure the security of Confidential Information transmitted via fax (facsimile) by:
(a) Verifying the recipient phone number to prevent accidental transmittal of Confidential
Information to unauthorized persons.
(b) Communicating with the intended recipient before transmission to ensure that the faxwill be
received only by an authorized person.
(c) Verifying after transmittal that the fax was received by the intended recipient.
(4) When transporting six.(6) or mare records containing Confidential Information, outside a
Secured Area, do one or more of the following as appropriate:
(a) Use a Trusted System.
(b) Encrypt the Confidential Information, including:
1. Encrypting email and /or email attachments-which contain the Confidential Information.
ii. Encrypting Confidential Information when it is stored on portable devices or media,
including but not limited to laptop computers and flash memory devices.
Note: If the DSHS Data Security Requirements Exhibit Is attached to this contract, this
item, 6.b.(4), is superseded by the language contained In the Exhibit.
(5) Sandpaper documents containing Confidential information via a Trusted System.
(6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this
contract.
c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, data shall be
returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved
method to destroy the information. Contractor may obtain information regarding approved
destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents with Confidential Information may be recycled through a contracted firm, provided.
the contract with the recycler specifies that the confidentiality of information will be protected, and .
DSHS Central Contract Services
1760XP IFS Recreational Opportunities (10- 24.08) Page 4
DSHS General Terms and Conditions
the information destroyed through the recycling process. Paper documents containing Confidential
Information requiring special handling (e.g. protected health information) must be destroyed on -site
through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
Confidential Information must be reported to the DSHS Contact designated on the contract within
one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions (Debarred). The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS If, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County.
9. Independent Contractor. The parties intend that an independent contractor relationship will be created
by this Contract. The Contractor and his or her employees or agents performing under this Contract are
not employees or agents of the Department. The Contractor, his or her employees, or agents
performing under this Contract will not hold himself /herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such officer or employee.
10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located. These inspection rights are intended to allow DSHS and the Office of the State
Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable
laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract's termination or expiration.'
11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the
performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. All records and other material relevant to this
Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started
before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the
Inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in
the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the
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4
Contract remains valid and in full force and eitect.
14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which,
by their sense and context, are intended to si,irvive the expiration or termination of the particular
agreement shall survive. Surviving terms inclr;de, but are not limited to: Billing Limitations;
Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records,
Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and
Treatment of Property.
15. Termination Due to Change In Funding. If 0-:e funds DSHS relied upon to establish this Contract or
Program Agreement are withdrawn reduced .o - limited, or if additional or modified conditions are placed
on such funding, DSHS may immediately termnate'this Contract by providing written notice to the
Contractor. The termination shall be effective on the date specified in the termination notice.
16. Waiver. Waiver of any breach or default on piny occasion shall not be deemed to be a waiver of any
subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and
conditions of this Contract. Only the DSHS Contracts Administrator or designee has the authority to
waive any term or condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions — Client Service Contracts:
17. Advance Payment. DSHS shall not make arhg payments in advance or anticipation of the delivery of
services to be provided pursuant to this Contract.
18. Construction. The language in this Contract shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Contract.
19. Contractor Certification Regarding Ethics. The Contractor certifies that the Contractor is now, and
shall remain, in compliance with Chapter 42.52 RCW, Sthics in Public Service, throughout the term of
this Contract. `r
20. Health and Safety. Contractor shall perform any and all of its obligations under this Contract in a
manner that does not compromise the health and safety of any DSHS client with whom the Contractor
has contact.
21. Indemnification and Hold Harmless. '
a. The Contractor shall be responsible for and shall indemnify, defend, and hold DSHS harmless from
any and all claims, costs, charges., penalties, demands, losses, liabilities, damages, judgments, or
fines, of whatsoever kind of nature, arising out of or relating to a) the Contractor's or any
Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the
Contractor or any Subcontractor.
F.
b. The Contractor's duty to indemnify, defend, and hold DSHS harmless from any and all claims,
costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines shall include
DSHS' personnel - related costs, reasonable attorney's fees, court costs, and all related expenses.
i.
c. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
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d. Nothing in this term shall be construed as a modification or limitation on the Contractor's obligation
to procure insurance in accordance with this Contract or the scope of said insurance.
22. Industrial Insurance Coverage. The Contractor shall comply with the provisions of Title 51 RCW,
Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay
premiums or penalties on behalf of its employees, as may be required by law, DSHS may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund. DSHS may deduct the
amount owed by the Contractor to the accident fund from the amount payable to the Contractor by
DSHS under this contract, and transmit the deducted amount to the Department of Labor and
Industries, (L &I) Division of Insurance Services. This provision does not waive any of L &I's rights to
collect from the Contractor.
23. Notice of Overpayment. If the Contractor receives a vendor overpayment notice or a letter
communicating the existence of an overpayment from DSHS, the Contractor may protest the
overpayment determination by requesting an adjudicative proceeding. The Contractor's request for an
adjudicative proceeding must:
a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia,
Washington 98507 -9501, within twenty -eight (28) calendar days of service of the notice;
b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request;
c. Include a statement as to why the Contractor thinks the notice is Incorrect; and
d. Include a copy of the overpayment notice.
Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative
Hearings, The Contractor may be offered a pre - hearing or alternative dispute resolution conference in
an attempt to resolve the overpayment dispute prior to the hearing.
Failure to provide OFR with a written request for a hearing within twenty -eight (28) days of service of a
vendor overpayment notice or other overpayment letter will result in an overpayment debt against the
Contractor. DSHS may charge the Contractor interest and any costs associated with the collection of
this overpayment. DSHS may collect an overpayment debt through lien, foreclosure, seizure and sale
of the Contractor's real or personal property; order to withhold and deliver; or any other collection action
available to DSHS to satisfy the overpayment debt.
24. Subcontracting. Except as otherwise provided in this Contract, the Contractor shall not subcontract
any of the contracted services without the prior approval of DSHS. Contractor is responsible to ensure
that all terms, conditions, assurances and certifications set forth in this Contract are included in any and
all Subcontracts. Any failure of Contractor or its subcontractors to perform the obligations of this
Contract shall not discharge the Contractor from its obligatlons hereunder or diminish DSHS' rights or
remedies available under this Contract.
25. Subrecipients.
a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A -133 and this Agreement, the Contractor shall:
(1) Maintain records that identify, in Its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
.(CFDA) title and number, award number and year, name of the federal agency, and name of the
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pass- through entity;
(2) Maintain internal controls that provide reaso,,iable assurance that the Contractor is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
(4) Incorporate OMB Circular A -133 audit requirements into all agreements between the Contractor
and its Subcontractors who are subrecipients;
(5) Comply with any future amendments to OMB Circular A -133 and any successor or replacement
Circular or regulation;
(6) Comply with the applicable requirements of either 2 CFR, Part 225 (OMB Circular A -87) or 2
CFR, Part 230 (OMB Circular A -122), and any successor or replacement Circular or regulation;
and
(7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination
Act of 1975, and The Department of Justice Non - Discrimination Regulations, 28 C.F.R. Part 42,
Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to
http: / /www olp usdoi .00v /aboutiocr /statlites<4tm- for additional information and access to the
aforementioned Federal laws and regulations.)
b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in
federal awards from any and/or all sources in anti fiscal year, the Contractor shall procure and pay
for a single audit or a program - specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the DSHS contact person the data collection form and reporting package specified in
OMB Circular A -133, reports required by the program - specific audit guide (if applicable), and a
copy of any management letters Issued by the auditor;
(2) Follow -up and develop corrective action for all audit findings; in accordance with OMB Circular
A-11 33, prepare a Summary Schedule of'Prior Audit Findings."
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with either 2 CFR Part 225 (OMB Circular
A -87) or 2 CFR, Part 230 (OMB Circular A -122).
26. Termination for Convenience. DSHS may terminate this Contract In whole or in part when It is in the
best interest of DSHS by giving_the Contractor at least thirty (30) calendar days' written notice. The
Contractor may terminate this Contract for convenibnce by giving DSHS at least thirty (30) calendar
days' written notice addressed to DSHS at the address listed on page 1 of this Contract.
27. Termination for Default. The Contracts Administrator may immediately terminate this Contract for
default, in whole or In part, by written notice to the Contractor if DSHS has a reasonable basis to
believe that the Contractor has:
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a. Failed to meet or maintain any requirement for contracting with DSHS;
b. Failed to protect the health or safety of any DSHS client pursuant to the section entitled Health and
Safety of this Contract;
c. Failed to perform under, or otherwise breached, any term or condition of this Contract; and /or
d. Violated any applicable law or regulation.
If it is later determined that the Contractor was not in default, the termination shall be considered a
termination for convenience.
28. Termination or Expiration Procedure. The following terms and conditions apply upon Contract
termination or expiration:
a. The Contractor shall cease to perform any services required by this Contract as of the effective date
of termination or expiration.
b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the
termination notice.
c. The Contractor shall. immediately deliver to the DSHS contact named on page one of this Contract,
or to his or her successor, all DSHS property in the Contractor's possession. The Contractor grants
DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any
DSHS property that the Contractor fails to return within ten (10) calendar days of the effective date
of termination or expiration of this Contract. Upon failure to return DSHS property within ten (10)
calendar days, the Contractor shall be charged with all reasonable costs of recovery, including
transportation.
d. DSHS shall be liable only for payment required under the terms of this Contract for service
rendered up to the effective date of termination or expiration.
e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines
necessary to protect DSHS against loss or additional liability.
f. The rights and remedies provided to DSHS in this Section are in addition to any other rights and
remedies provided at law, in equity, and /or under this Contract, Including consequential and
incidental damages.
29. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client's personal property.
The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's
property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their
personal property that is appropriate to the client's development, and needs. Upon termination of
services to a client, the Contractor shall immediately release to the client and /or the client's guardian or
custodian all of the client's personal property.
30. Treatment of Property. All property purchased or furnished by DSHS for use by the Contractor during
this Contract term shall remain with DSHS. Title to all property purchased or furnished by the
Contractor for which the Contractor Is entitled to reimbursement by DSHS under this Contract shall
pass to and vest in DSHS. The Contractor shall protect, maintain, and insure all DSHS property in its
possession against loss or damage and shall return DSHS property to DSHS upon Contract termination
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31. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract,
shall each have the following definitions:
a. "Client" means an individual who is approved to receive DDD services.
b. "DDD" means the DSHS Division of Developmental Disabilities.
c. "Individual Support Plan" or "ISP" is a document that authorizes the DDD paid services to meet a
client's needs Identified in the DDD assessment for whom the Contractor is authorized to provide
services.
d. "Individual and Family Services" or "IFS" means services to benefit a DDD client and/or the Family,
including but not limited to: Recreational Opportunities, Excess Medical Costs, Co -Pays for Medical
and Therapeutic Services, Therapy Services, Specialized Nutrition, Parentlsibling education,
Specialized Clothing, Equipment/Supplies, Arch itectural/vehicular modifications, Training and
Transportation.
e. "Primary Caregivers" is the formal or informal caregiver who provides the most support.
f. "Protective Supervision" means supervision to ensure the safety and well being of a client,
exclusive of those responsibilities, which should be assumed by a legal guardian.
g. "Recreation opportunities" mean activities that may be available to children and adults with
developmental disabilities in their communities such as camps, YMCA activities, or day trips, etc.
h. "SSPS" means the Social Service Payment System.
32. Purpose. The purpose of this Contract is to provide recreational opportunities per WAC 388 -832 that
may be available to children and adults with a developmental disability such as summer camps,
YMCA activities, day trips or typical activities available in your community. Recreational
opportunities may include memberships in civic groups, clubs, crafting classes, or classes outside
of K -12 school curriculum or sport activities.
33. Qualifications.
a. The Contractor shall be licensed, registered, and certified as is required by law.
b. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as
required by RCW 43.20A.7'10. if the Contractor has employees or volunteers who will have
unsupervised access to Clients in the course of performing the work under this Contract, the
Contractor will conduct criminal history background checks on those employees.
34. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below:
a. Upon receipt of and in accordance with the provisions of a written service authorization form issued
by DSHS the Contractor shall:
(1) Provide physical assistance, support and supervision to the client in daily routine activities and
to prevent injury to him or herself and to others;
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(2) Obtain information about the client's essential care requirements from the parent(s) or primary
caregiver(s) and ensure that the client's needs are met while providing services;
(3) Contact the client's parent or primary caregiver(s) if the Contractor has not heard from them
within seven (7) days of the Contractor's receipt of the service authorization to make
arrangements for specific dates and times of care;
(4) Make arrangement with the primary provider of assistance for emergency medical treatment
should this become a necessity at some future time;
(5) Provide protective supervision for the client at all times the Contractor is engaged in providing
services;
(6) Inform the parent(s) or primary caregiver(s) of any unusual incidents (as defined above) that
occur while providing services;
(7) Maintain copies of all Social Service Payment System (SSPS) authorizations to provide
services;
b. In addition to the above, the contractor may also provide as authorized the following:
(1) Provide the client transportation to and from community resources and recreational activity.
(2) Provide written progress reports as requested by a ODD Case Resource Manager or per other
DDD procedures.
c. Complete and maintain copies of the work verification records for all services provided. These
records shall be kept on file by the Contractor for the duration of this Contract and thereafter for a
period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring
and /or service verification.
d. The Contractor shall provide care that assists, in a safe manner, client participation.
(1) Understand specific directions for providing the care that an individual client requires;
(2) Provide services within the scope of practice fortheir profession/skill level;
(3) Observe the client for change in health status, including weakness, Confusion, and loss of
appetite;
(4) Identify problem situations and take appropriate action;
(5) Respond to emergencies without direct supervision; and
(6) Accept the client's individual differences and preferences when performing routine tasks.
e. DDD clients and their families shall not be requested or required to sign, in any form, a release of
liability waiver for any services provided.
f. The Contractor shall ensure that they or their care providers possess the following minimum
qualifications:
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(a) Be eighteen (18) years of age or older;
(b) Possess the following minimum standards of knowledge and experience:
(i) General knowledge of acceptable standards of performance, including the
necessity to perform dependably, report punctually, maintain flexibility, and to
demonstrate kindliness and caring to the client; and
(ii) Knowledge of when and how to contact the client's representative and the client's
case manager.
(c) Adequate skills to read, either directly or through an interpreter, understand, and implement
the service's authorized plan;
(d) Adequate communication skills to convey and understand, either directly or through an
interpreter, information required to implement the client's written service plan and verbal
instructions; and
(e) Adequate skills to maintain provider records of services performed and payments received.
g. The Contractor shall ensure that the care providers are able to:
(1) Understand specific directions for providing the care that an individual client requires;
(2) Provide services within the scope of practice for their profession /skill level;
(3) Observe the client for change in health status, including weakness, confusion, and loss of
appetite;
(4) identify problem situations and take appropriate action;
(5) Respond to emergencies without direct supervision; and
(6) Accept the client's individual differences and preferences when performing routine tasks.
h. Cooperate with DSHS in the evaluation of their performance under the terms of this Contract
Including the following:
(1) Follow -up contact with clients and their families, regarding their satisfaction with the services
provided;
(2) Investigation and documentation of all complaints about the service provided; and
(3) Periodic monitoring of service documentation records and of billing and payment data on SSPS.
35. Consideration. Total consideration payable to Contractor for satisfactory performance of the work
under this Contract shall be based on the following:
Recreational Opportunities will be reimbursed at the Contractor's published fee for services provided.
A copy of the Contractor's Published Service and Fee Schedule can be located at the following web
site: ; if applicable. A printed copy of the Contractor's Published Service and Fee Schedule shall
be maintained in the Contractor's Contract file for each year services are provided by this Contract.
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36. Billing and Payment.
a. DSHS shall pay the Contractor monthly for pre - authorized services provided to DSHS clients at the
rate outlined in 5. Consideration, see above. DSHS shall send invoices generated by SSPS to the
Contractor. The Contractor shall:
(1.) Receive invoices generated by SSPS;
(2) Indicate on the invoice whether the services were delivered;
(3) Submit invoices for payment as directed on the invoice or by using Invoice Express; and
(4) Immediately contact the service worker who authorized the services if there is any problem with
the SSPS invoice. I
b. DSHS shall use the completed SSPS invoice to generate payment to the Contractor.
c. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled
hours of service when clients are not seen or served by the Contractor.
d. The Contractor agrees to accept this payment as total and complete remuneration for services
provided under this Contract to DSHS clients.
e. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount
paid shall be considered to be an overpayment.
f. If this Contract Is terminated for any reason, DSHS shall pay for only those services authorized and
provided through the date of termination.
g. Payment shall be considered timely if made by DSHS within 30 days after receipt of properly
completed invoices. Payment shall be sent to the address designated by Contractor. DSHS may,
at its sole discretion, terminate the Contract or withhold payments claimed by Contractor for - ,
services rendered if Contractor fails to satisfactorily comply with any term or condition of this
Contract.
h. In case of a legislatively mandated or Governor ordered vendor rate change, the rates shall be
adjusted accordingly and shall be incorporated into this Contract with the date the rate(s) beopme
effective. DSHS shall provide written notification of rate changes to the Contractor.
I. In the event the Medicare Medical Information System (MMIS) is completed and in use during the
period of this Contract, the new payment systems will replace SSPS and DSHS will provide npw
instructions to the Contractor.
37. Duty to Report Suspected Abuse. In addition to the preceding Services, the Contractor shall report,
In accordance with state law, all instances of suspected Client abuse immediately to the Department at
the current state abuse hotline (1- 800 -562- 6078).
38. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual
incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within,
seventy-two (72) hours. 1
39. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients receiving
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Special Terms and Conditions
services from the Contractor within twenty -four (24) hours to the DDD Resource Manager or the DSHS
contact listed on page 1 of this contract.
40. Drug Free Workplace. The Contractor, and the Contractor's employees and sub - contractors, shall
abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties.
41. Insurance. The Contractor shall at all times comply with the following insurance requirements.
a. General Liability Insurance
The Contractor shall maintain Commercial General Liability Insurance, or Business Liability
Insurance, including coverage for bodily injury, property damage, and contractual liability, with the
following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The
policy shall include liability arising out of premises, operations, independent contractors, products -
completed operations, personal injury, advertising injury, and liability assumed under an Insured
contract. The State of Washington, Department of Social & Health Services (DSHS), and elected
and appointed officials, agents, and employees of the state, shall be named as additional insured's.
In lieu of general liability insurance mentioned above, if the contractor is a sole proprietor with less
than three contracts, the contractor may choose one of the following three general liability policies
but only if attached to a professional liability policy, and if selected the policy shall be maintained for
the life of the contract:
Supplemental Liability Insurance, including coverage for bodily Injury and property damage that will'
cover the contractor wherever the service Is performed with the following minimum limits: Each
Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees
shall be named as additional insured's.
or
Workplace Liability Insurance, including coverage for bodily injury and property damage that
provides coverage wherever the service is performed with the following minimum limits: Each
Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), and elected and appointed officials, agents, and employees of
the state, shall be named as additional insureds.
or
Premises Liability Insurance and provide services only at their recognized place of business,
Including coverage for bodily injury, property damage with the following minimum limits: Each
Occurrence - $1,000,000; General Aggregate - $2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), and elected and appointed officials, agents, and employees of
the state, shall be named as Additional Insured.
b. Business Automobile Liability Insurance
If the Contractor provides services that requires the transport of clients they shall maintain a
Business Automobile Policy on all vehicles used to transport clients, including vehicles hired by the
Contractor or owned by the Contractor's employees, volunteers or others, with the following
minimum limits: $1,000,000 per accident combined single limit. The Contractor's carrier shall
provide DSHS with a waiver of subrogation or name DSHS as an Additional Insured.
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G. Professional Liability Insurance (PL)
If the Contractor provides services that require Licensed Professional Staff they shall maintain
Professional Liability Insurance or Errors & Omissions insurance, including coverage for losses
caused by errors and omissions, with.the following minimum limits: Each Occurrence - $1
Aggregate - $2,000,000.
d. Worker's Compensation
The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and
occupational health and safety laws and regulations. 'The State of Washington and DSHS, shall not
be held responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or
Its employees under such laws and regulations.
e. Employees and Volunteers
Insurance required of the Contractor under the Contract shalt include coverage for the acts and
omissions of the Contractor's employees and volunteers. In addition, the Contractor shall ensure
that all employees and volunteers who use vehicles to transport clients or deliver services have
personal automobile insurance and current-driver's licenses.
f. Subcontractors
The Contractor shall ensure that all subcontractors have and maintain insurance with the same
types and limits of coverage as required of the Contractor under the Contract.
g. Separation of Insured's
All insurance policies shall include coverage for cross liability and contain a "Separation of
Insured's" provision.
h. Insurers
The Contractor shall obtain insurance from insurance companies identified as an admitted
insurer /carrier in the State of Washington, with a Best's Reports' rating of B + +, Class VII, or better.
Surplus Lines insurance companies will have a rating of A -, Class VII, or better.
i. Evidence of Coverage
The Contractor shall submit Certificates of Insurance to the DSHS point of contact located on page
one of the contract for each coverage required of the Contractor under the Contract. The Certificate
shall identify the DSHS Enterprise Risk Management Office, PO Box 45882, Olympia, Washington
98504 -5882 as Certificate Holder. A duly authorized representative of each insurer, showing
compliance with the insurance requirements specified in this Contract, shall execute each
Certificate of Insurance. The Contractor is not required to submit to DSHS copies of Certificates of
Insurance for personal automobile insurance required of the Contractor's employees and volunteers
under the contract
The Contractor shall maintain copies of Certificates of Insurance for each subcontractor as
evidence that each subcontractor maintains insurance as required, by the Contract.
j. Material Changes
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The insurer shall give DSHS Enterprise Risk Management Office; 45 days advance written notice of
cancellation or non - renewal. If cancellation is due to non - payment of premium, the insurer shall
give DSHS 10 days advance written notice of cancellation.
k. General
By requiring insurance, the State of Washington and DSHS do not represent that the coverage and
limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be
construed to relieve the Contractor from liability in excess of the required coverage and limits and
shall not limit the Contractor's liability under the indemnities and reimbursements granted to the
State and DSHS in this Contract. All insurance provided in compliance with this Contract shall be
primary as to any other insurance or self- insurance programs afforded to or maintained by the
State.
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SUBJECT: FEDERAL WAY'S 2012 CDBG PUBLIC SERVICES BUDGET
POLICY QUESTION How should the 11.57% reduction in 2012 CDBG funding be allocated among the six
Public Services contracts?
COMMITTEE Parks, Recreation, Human Services & Public Safety MEETING DATE: April 10, 2012
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Dee Dee Catalano DEPT: Community & Economic
.......... . .
.............................. Develo went
Attachments:
February 27, 2012 Human Services Commission minutes
Background: On November 15, 2011, the City Council approved Federal Way's 2012 CDBG Annual Action
Plan. The Plan included the estimated contract amounts for the 2012 CDBG Public Services contracts.
Subsequent to the Annual Action Plan's approval, Congress reduced the 2012 CDBG budget by approximately
11 percent. Consequently, the 2012 CDBG Public Services budget was reduced by 11.57 percent.
At their February 27, 2012 meeting, the Human Services Commission voted to recommend reducing each Public
Services contract by 11.57 percent as illustrated below:
HealthP Den tal
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The reduction of the Public Services budget does not require an amendment to the 2012 CDBG Annual Action
Plan because it is a change of less than 20 percent. Therefore, a public hearing is not required to make this
change.
Options Considered:
1. Distribute the reduction in 2012 CDBG funding among the six Public Service contracts by reducing each
contract amount by 11.57 percent, as recommended by the Human Services Commission.
2. Provide direction to staff to allocate the 2012 CDBG funding reduction in a different manner.
MAYOR'S RECOMMENDATION: Approve Option 1.
MAYOR APPROVAL: nit DIRECTOR APPROVAL:
Commi a Counc ommittee Council
COMMITTEE RECOMMENDATION: "I move to forward Option _L_ to the KI)'1 12 (ill in date) City Council
meeting consent agenda for approval. "
PROPOSED COUNCIL MOTION: "I move approval of distributing the reduction in 2012 CDBG funding among
the six Public Service contracts by reducing each contract amount by 11.57 percent. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1 ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED- 08/12/2010
RESOLUTION #
PROPOSED COUNCIL MOTION: "I move approval of distributing the reduction in 2012 CDBG funding among
the six Public Service contracts by reducing each contract amount by 11.57 percent. "
Mi M nam E i
CDBG PUBLIC SERVICE BUDGET 2012
Bryant Enge said that HUD approved the City's Consolidated Plan and the Annual
Action Plan. Congress reduced the 2012 CDBG budget by 11 percent. In addition, as a
result of the new Community Survey census method, Federal Way's CDBG budget was
reduced by an additional 0.80 percent. Because of these two factors, the estimated
CDBG Public Service budget for 2012 has been reduced, resulting in reduced funding
for the six Public Service agencies:
Agency
Estimated Grant Amount
Final 2012 Grant Amount
HealthPoint Dental
$11,549
$10,213
MSC EFP
$8,002
$7,076
FW Senior Center Nutrition
$16,993
$15,027
Orion Rehabilitation Svcs
$17,974
$15,894
Inst. Family Dev. PACT
$17,260
$15,263
FW Inclusion Program
$26,000
$22,992
Total:
$97,7781
$86,465
Robyn Richens moved to approve the Public Service agency grant amounts for
2012. Kathy Scanlon seconded the motion, which carried 6 — 0.
3
SUBJECT: 2012 COMMUNITY ENHANCEMENT GRANT ALLOCATIONS
POLICY QUESTION: How should the 2012 Community Enhancement Grant funding be allocated?
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: April 10, 2012
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Dee Dee Catalano DEPT: Community & Economic
.......................... .................. ........._. .................................................................................... ... ... -............ .................................................................................... ............................................... . ..................... .... Development Services-------------------------- — ..._._ -------
Attachments:
Community Enhancement Grants recommendations matrix.
Background:
The Community Enhancement Grants (CEGs) are small grants ($500 - $1500) intended to help non -profit
agencies, community groups or school -based organizations with small projects or events that benefit Federal
Way residents. The grants are not intended for basic operations or fundraising. $20,000 was made available by
the City Council to fund the 2012 CEGs.
Seventeen applications were received, totaling $23,500 in requested funds. Human Services Commissioners
reviewed and rated the applications and made recommendations for funding at their March 19, 2012 meeting.
The Commission recommends funding fourteen grants for a total of $19,000, as outlined in the attached matrix.
The Commission requested that the remaining $1,000 be carried forward into next year's budget.
Mayor's Recommendation:
In view of the fact that $1,000 would be left unallocated by the Commission's recommendations, the Mayor and
staff recommend allocation of $500 each to the next two highest- scoring applications (Todd Beamer Anti -
Bullying/Gay- Straight Alliance Speaker, and the reader board for Lakota Middle School). While not equaling
their respective grant requests, these contributions may help the two organizations fulfill their funding goals for
the two programs. The third and last application, the Thomas Jefferson IB Social & Cultural Anthropology
Course, scored substantially lower than these last two and would constitute a second grant to the same applicant.
For these reasons the Mayor and staff concur with the Commission's recommendation not to approve that grant
request.
Options Considered:
1. Approve the Human Services Commission's recommended funding for the 2012 Community
Enhancement Grants.
2. Amend the Human Services Commission's recommended funding for the 2012 Community
Enhancement Grants by adding $500 in funding for the Todd Beamer Anti- Bullying /Gay- Straight
Alliance Speaker and $500 in funding for the Lakota Middle School New Reader Board.
3. Provide staff with alternate direction for Community Enhancement Grant funding.
MAYOR'S RECOMMENDATION: Option 2.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Co Council ' L606&6e Council
COMMITTEE RECOMMENDATION: I move to forward
*X (fill in date) consent agenda for approval.
Committee Chair
chi b 2 to the
PROPOSED COUNCIL MOTION: "I move approval of "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1 ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 08/12/2010
RESOLUTION #
PROPOSED COUNCIL MOTION: "I move approval of "
2012 Community Enhancement Grants Recommendations
Or anization Brief Description
Northwest Church Westway Kids Club/Summerfest
Habitat for Humanit Westway Community Cleanup Day
Catholic Communit Services Kin Count Kinship Collaboration
FUSION Supplemental activities for housing residents
Adelaide Elementary School After school science program
Li ht of Christ Community Garden Organic ve etable arden
Thomas Jefferson Raider Parent Movement Track shoes for low-income students
Sherwood Forest Elementary School Multi-Cultural Night
Colombian Dance Costumes for Mirror Lake
Multi-Cultural Night/"Finding Kind" anti-bullying
Communities in Schools video
CCRADV Assistance to DV victims & families
Advancin Leadership Scholarships for AL class
Federal Way Symphony Summer Music Camp for youth
FW Historical Society FW Veterans' Day Observance
Northwest Church Food Pantry
Todd Beamer Hi h School Anti-Bullying/Gay-Straight Alliance Speaker
Lakota Middle School New Reader Board
Thomas Jefferson Raider Parent Movement IB Social & Cultural Anthropology course
Fundinq Available: $20,000 Total
Amount
$1,500
$1,500
$1,500
$1,500
$1,500
$1,500
$1,500
$1,000
$1,000
$1,500
$1,500
$1,000
$1,000
$1,500
$1,500
$1,500
$1,500
$23,500
Average
Score
29
29
29
29
28
26
26
26
26
26
26
25
25
24
24
22
19
HSC Funding
Recommendation
$1,500
$1,500
$1,500
$1,500
$1,500
$1, 500
$1, 500
$1, 000
$1, 000
$1,500
$1,500
$1,000
$1,000
$1, 500
$0
Mayor's Funding
Recommendation
$1,500
$1,500
$1,500
$1,500
$1,500
$1,500
$1,500
$1,000
$1,000
$1,500
$1,500
$1,000
$1,000
$1,500
$500
$500
$0
$20.000
SUBJECT: ALLOCATION OF 2012 CITY EMPLOYEE DONATIONS TO THE HUMAN SERVICES FUND.
POLICY QUESTION How should funds raised by Federal Way employees at the November 2011
auction/pledge drive be allocated to human services agencies?
COMMITTEE Parks, Recreation, Human Services & Public Safety MEETING DATE April 10, 2012
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Dee Dee Catalano DEPT: Community & Economic
Development Services
....
.............- . .......... . _ ...... _ ..................................... ...................................... . ............... . .................................................... . ... . .................................... _ ... _ .................................................. ............................................... _..........._..... _ . _ . ..............................- - -_ ............
-.
Attachments:
March 19, 2012, staff memo to Human Services Commission.
2011 -2012 HSGF allocations.
Background:
Every year City employees hold an auction and pledge drive to raise money for human services. The funds raised
are divided equally between United Way of King and Pierce Counties and the City of Federal Way Human
Services fund. In November 2011, the City of Federal Way employees raised $6,438 for the Human Services
Fund to be allocated in 2012.
The Human Services Commission traditionally recommends allocating the employee donations to an agency or
agencies that currently receives an allocation of Human Services General Fund monies. At their March 19, 2012
meeting, the Commission voted to recommend allocating $4,438 to the St. Vincent de Paul Emergency Services
Program to address the increasing need for utility and rental assistance, and $2,000 to the Catholic Community
Services Reach Out Women's Homeless Shelter to help fund the shelter's operations in October — December
2012 (contingent upon their operation in 2012).
Options Considered:
1. Approve the Human Services Commission's recommendation to allocate $4,438 to St. Vincent de Paul
Emergency Human Services, and $2,000 to Catholic Community Services Reach Out Women's
Homeless Shelter.
2. Do not approve the Human Services Commission's recommended funding and give staff alternate
direction.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: 1,2222 �� D IRECTOR APPROVAL: _ /�
Commi 'Council ]' Council
COMMITTEE RECOMMENDATION: I move to forward j b1n l to the
(fill in date) consent agenda for approval.
14 11
l /12
4 A A An4A�
Committee Chair Comml ee Member
Committee
PROPOSED COUNCIL MOTION: "I move approval o f
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED- 08/12/2010 RESOLUTION #
ANk
CITY OF
Federal Way
MEMORANDUM
TO: Human Services Commission
FROM: Dee Dee Catalano
DATE: March 19, 2012
RE: 2012 Federal Way Employee Donations to HSGF
In November 2011, Federal Way City employees held the annual United Way /FW Human Services Fund auction
and pledge drive. City employees pledged a total of $6,438 to the FW Human Services Fund.
As it has in previous years, the Human Services Commission will allocate these funds to an agency or agencies that
currently receive funding. In 2011, the Boys & Girls Club Safe Zone for Kids program received $5,432, and the
Catholic Community Services Reach Out Women's Shelter was pledged $3,000 if they could open their shelter by
the end the year. The Reach Out Women's Homeless Shelter did open in December 2011 and will remain open until
March 2012. CCS will receive the $3,000 at the end of the third quarter.
Staff would like to make some suggestions for the Commission's consideration. The demand for basic services,
such as utility and rent assistance, is still extremely high due to the continuing downturn in the economy. Staff for St.
Vincent de Paul's Emergency Human Services program has told me that they spend all of their City grant money by
the end of the second month of each quarter, but the need continues.
The MSC Food Bank also continues to have increasing demand for their services. They served 100 more clients in
the 4"' quarter of 2011 compared to the previous year.
CCS Reach Out Women's Homeless Shelter plans to re -open this fall if their funding allows it. Shelter for homeless
single women is a very real need in Federal Way and South King County. Federal Way could allocate all or part of
the employee funds to this shelter for the fourth quarter 2012.
The current HSGF funding for 2012 is attached as a reference.
� ■ w r e. -�� A.)j k t .:4 Y S
M' . � 3'+*.» A
Ag ency Name Pro ram
'>
012 Fundinc
Birth To Three
Family Services
$22,000
Boys & Girls Club
Safe Zone for Kids
$10,000
CCs
Emergency Assistance
$13,500
CCs
REACH OUT Shelter
$20,000
ccs
V olunteer Chore
,
Child Care Resources
Homeless Child Care
$6,500
Children's Home Society
Early Head Start
$7,000
Communities in Schools
Mentoring Program
$10,000
Communities in Schools
Program Site Coord.
$10,000
Crisis Clinic
24 Hour Crisis Line
$3,000
Crisis Clinic
Teen Link
$3,000
DAWN
Community Advocacy
$5,000
DAWN
Continuum of Housing
$20,000
DAWN
DV Crisis Line
$2,000
Dynamic Family Services
Children w/S ecial Needs
$10,000
Emergency Feeding Pro g.
Hunger Relief Program
$5,000
Federal Way Senior Ctr
Senior Nutrition Program
$20,000
FWCCN
Rent & Emerg. Shelter
$23,500
FUSION
Transitional Housing
$10,000
HealthPoint
Primary Dental
$15,900
HealthPoint
Primary Medical
$10,000
Institute For Family Dev.
PACT
$3,000
Jewish Family Service
Refugee/immigrant Svc Ctr
$6,500
KCSARC
Sexual Assault Victim Svcs
$30,000
Kent Y &FS
Clinical Services
$12,000
King County Bar Foundation
Community Legal Services
$7,500
Multi- Service Center
Emergency & Trans. Hs g.
$38,000
Multi- Service Center
Food & Clothing Bank
$35,100
Multi- Service Center
General Education Program
$10,000
NAVOS
Employment Services
$10,000
Sea -KC Dept Public Health
SKC Mobile Medical Pro g.
$10,000
Senior Svcs of Sea -KC
Meals on Wheels
$10,000
Senior Svcs of Sea -KC
Volunteer Transportation
$10,000
Sound Mental Health
Safe Havens Visitation Ctr.
$5,000
St. Vincent de Paul
Emergency Human Svcs.
$20,000
SK Council of Human Svcs
Cap acity Building Project
$7,500
VCCC
Girls Circle
$5,000
VCCC
Mental Health Counseling
$40,000
VCCC
Youth Development
$5,500
WWEE
REACH Plus
$10,000
YWCA
Chidren's DV Program
$6,500
TOTAL
$516,000
COUNCIL MEETING DATE: April l7, 2012 ITEM #
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MEETING WITH LAKEHAVEN UTILITY DISTRICT COMMISSIONERS PURSUANT TO SECTION 29 OF
THE FRANCHISE
POLICY QUESTION: What is the format for meeting with the Lakehaven Utility District Commissioners
pursuant to Section 29 of the Franchise?
COMMITTEE: N/A MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Pat Richardson City Attorne DEPT: Law
...._...._.__.. ...__......_..........._.._...- -. ._......_........_....._..... -- - ....__ ....................-----.._. Y_..._......_....---- ._.. - - - - -- ..- . .............
—
In May 2010, the City and Lakehaven entered into a franchise, which allows Lakehaven to locate their facilities
in the City's rights -of -way. Section 29 of the franchise provides that the elected officials from both entities
would meet to discuss whether and to what extent it would benefit the citizens /ratepayers for Lakehaven to
merge into City government. Factors that may be considered include the efficiency and cost effectiveness of
providing services.
Attachment: A copy of Section 29 from the Franchise.
Options Considered: 1. The full Council meet with Lakehaven Utility District Commissioners pursuant to
Section 29 of the Franchise to discuss efficiency and effectiveness of merging into
City government.
2. Identified council members meet with Lakehaven Utility District Commissioners
pursuant to Section 29 of the Franchise to discuss efficiency and effectiveness of
merging into City government.
3. Do not meet with Lakehaven Utility District Commissioners.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: DIRECTOR APPROVAL:
Committee Col Committee Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Me mber Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0
APPROVED
COUNCIL BILL #
❑
DENIED
I sT reading
13
TABLED/DEFERRED/NO ACTION
Enactment reading
0
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED—
08/12/2010
RESOLUTION #
Section 29. Cooperation /Merger Discussion.
The parties agree to participate in a joint discussion to review the benefits of
expanding the cooperative relationship developed between them to better serve
the public interest. The discussion shall address whether and to what extent it
would be beneficial to the interests of City residents and Lakehaven ratepayers
to merge the water and sewer utilities into City government. The discussion shall
be implemented in good faith and shall focus on ways that governmental
cooperation would make the provision of public services more efficient and cost
effective. The discussion will evaluate the possible existence of operational
efficiencies associated with merger and non - merger scenarios. The discussion
shall occur no later than two years after the effective date of this Franchise. The
parties retain the authority to determine whether merger is in their respective best
interests and shall be free to advocate for or against merger in any proceedings
that might be undertaken under RCW
Chapter 13.35A.
COUNCIL MEETING DATE: April 17,2012 I TEM #: �
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT TO THE ARTS COMMISSION
POLICY QUESTION Should the City Council Appoint a Member to the Arts Commission?
COMMITTEE N/A
MEETING DATE N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City C ouncil Business ❑ Resolution ❑ Other
STAFF REPORT BY: Carol McNeilly. Citv Clerk DEPT: Human Resources
Background: The Arts Commission is comprised of nine voting members that serve three -year terms.
Currently there is one vacant voting position with a term of December 31, 2014 due to a member resignation.
Alternate member Cathy Mason is seeking appointment as a voting member. In accordance with the Council
Rules of Procedure, when a vacancy occurs the Council will appoint a member to fill the remainder of the
unexpired term
Options Considered:
1. Appoint Cathy Mason as a voting member of the Arts Commission to fill the remainder of an un- expired
term of December 31, 2014.
2. Direct staff to recruit for additional applicants.
MAYOR'S RECOMMENDATION N/A
MAYOR APPROVAL N/A N/A DIRECTOR APPROVAL N/A M
Committee Council Committee Council
COMMITTEE RECOMMENDATION N/A
PROPOSED COUNCIL MOTION: " move approval of option
"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 08/12/2010
RESOLUTION #