PRHSPSC PKT 03-18-2004
City,of FederalWay
CITY COUNCIL' "
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY eÖ~MITTEE
Thursday, March 18,2004
5:00 p.m.
, ", City Hall
Mt. Baker'Copference Room
;: ">,
1.
2.
CALL TO ORDER
PUBLIC FORUM
COMMISSION COMMENTS
APPROVAL OF FEBRUARY 9, 2004 SUMMARY
COMMITTEE BUSINESS
A. Centerstage Theatre Conservatory Workspace Proposal
B. 2004 Human Services Commission Work Plan
C. Proposed Changes to the Human Services General Fund
Application Process
D. Property Disposition Services Agreement
E. City of Auburn Jail Interlocal Agreement
Action
Action
Action
Allen-Mpyisi
Kirkpatrick
Kirkpatrick
3.
4.
5.
Information
Action
Faber
Allen-Mpyisi
6.
PENDING ITEMS
. Community Center
. Hylebos State Park Transfer
7.
8.
NEXT MEETING - April 9, 2004
ADJOURNMENT
2004 Committee Members:
Jeanne Burbidge, Chair
Jack Dovey
Jim Ferrell
Staff:
Jennifer Schroder, Director
Mary Jaenicke, Administrative Assistant
661-4041
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, February 9, 2004
5:00 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Jack Dovey, Jim Ferrell; Mayor Dean
McColgan, Deputy Mayor Linda Kochmar, staff: David Moseley, City Manager, Karen Jorgenson, Assistant City
Attorney, Angelina Allen-Mpyisi, Human Services Manager, Jennifer Schroder, Director, Parks, Recreation &
Cultural Services, Mary Faber, Recreation and Cultural Services Superintendent, B Sander, Park Planning &
Development Coordinator, Craig Feldman, Recreation Coordinator-Aquatics, Mary Jaenicke, Administrative
Assistant.
Guests: Donna Welch, Arts Commission, Iris Marshall, Arts Commission, Regina Bigler, Arts Commission, Bonnie
Knight-Graves, Arts Commission, C.T. Purdom, Parks Commission, Renee Tanner, Cultural Development Authority,
Norie Sato, Community Center Artist, H. David Kaplan, Citizen.
Chair Burbidge called the meeting to order at 5:05 p.m.
PUBLIC FORUM
None
COMMISSION COMMENT
None .
APPROVAL OF SUMMARY
Council members Ferrell and Burbidge motioned to accept the January meeting minutes as written. Motion
passed.
BUSINESS ITEMS
March Meetin2 Date
Chair Burbidge has a conflict with the March meeting date. After a short discussion, it was decided that Chair
Burbidge and Council members Dovey and Ferrell would meet sometime after the meeting to decide on a date that
would work with all of their schedules.
Armstronl?: and Thompson Properties Approval of Preliminary Desie:n
Ms. Schroder reported that in 2003 public meetings were held to obtain citizens input of how they would like the
neighborhood parks developed. The Armstrong property is a 20-acre site in the South portion of the community; it is
a continuation of the BPA Trail. There is a large need for a neighborhood park in this community. $325,000 is
available in the Capital Budget for construction. The cost estimate is $324,000. These numbers will be revised, as
they get closer to finalizing the construction documents. This has been presented to the Parks Commission, and they
recommended moving forward with the preliminary design. Schroder noted that in the subject line of the memo, it
was indicated that this was approval of Master Plan. Schroder was notified by the Community Development
Department, that it needed to be defined as a preliminary design because SEP A has not been completed. The cost
estimate for the entire development exceeded the budget; therefore the project has been divided into two phases.
The length of the trail has been reduced.
Schroder stated that the Thompson property is 2.8 acres, and is a heavily wooded parcel. This parcel is in an area of
high need. There is not a neighborhood park within safe walking distance. The community's feedback included a
strong interest in a children's play area, a basketball court, and walking trails. There is funding for $325,000, and
the cost estimate is at $329,658. The Parks Commission reviewed this and recommended moving this item forward
into construction documents and permitting. The goal is to have these parks under construction this year. Council
member Dovey stated he is concerned about there only being a half court basketball court. Schroder stated that it's a
tight site and the open play area would be compromised. The Parks Commission will begin the process of naming
these parks as part of their work plan. Dovey moved to recommend a "do pass" to accept the preliminary designs
for Armstrong and Thompson park projects and to authorize these projects to move into the design
development phase. Ferrell seconded. Motion Passed.
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, February 9, 2004 Summary
Page 2
Consider CDBG Public Service 2-Year Fundine: Cycle
Ms. Allen-Mpyisi stated that they are proposing a 2-year CDBG Public Services funding cycle, primarily to help
streamline the current application process. This would enable agencies applying for both the Human Services
General fund and the Block Grant public service Dollars to be able to submit one application starting with the 2005
process. Having a 2-year funding cycle will allow staff time to use their time efficiently. Staff will be abl~ to review
proposals and applications, and address issues. This will also help stabilize the funding from the agencies. Dovey
asked if this would affect the City being it's own direct entitlement. Ms. Allen-Mpyisi stated that there would not be
any affect. Ferrell asked if the Human Services Commission was unanimous in this decision. Allen-Mpyisi answered
that they were. Ferrell moved to recommend that the CDBG Public Service allocation process be for two-years
starting with the 2005/06 funding cycle. To be forward for Council consideration at the March 2, 2004, City
Council meeting. Dovey seconded. Motion Passed.
Extension of Community Development Block Grant (CDBG) Housin2 and Community Development
Stratee:ies
Ms. Allen-Mpyisi stated they are proposing to re-extend the existing CDBG development strategies thru 2005. It is
helpful for agencies to know what the strategies are. Allen-Mpyisi also stated they thought they would be further
along in the consolidated planning process, but they have just begun the process. They are anticipating getting a lot
of the necessary work done by the end of this year. If there were any substantial changes, they would present them to
Council Committee within the consolidated plan document. It was clarified that this decision will not affect what
Council does with the budget. It would only affect people if the 'city finds CDBG funds that the city may want to
keep, instead of giving it to an agency. Dovey moved to recommend extending the Community Development
Block Grant (CDBG) Housing and Community Development Strategies. This recommendation is to be
forwarded to the full City Council for consideration at the March 2, 2004 meeting. Ferrell seconded. Motion
passed.
Kenneth Jones Pool Fees and Char2es
Ms. Faber reported that throughout last year, her staff had been updating Council Committee on the restructure of the
Kenneth Jones Pool. Faber reported that over the last several years, and particularly when King County
implemented their fee structure as of January 1, 2003 there was a negative impact on attendance at the pool facility.
CounCil Committee had requested that Faber and her staff report back to them with a restructured fee schedule for
council to review. Faber presented Council Committee updated figures through December 31, with the
understanding that not all of2003 is completely final. The information was presented to the Parks Commission in
January, and they approved to forward the proposed fee schedule to Council Committee. The recommendation is
that on March 1, the new fees will go into effect. A large marketing blitz will take place for the suminer programs.
Schroder reported that King County arbitrarily increased everything by 50%. There was a drop in lessons, drop-ins,
passes and rentals. Staff is not recommending cqanging all the fees, but just in those areas where they are seeing a
decrease. The proposed fee structure does compare with the business plan for the new pool. Marketing ideas were
discussed. Council members Ferrell and Dovey both stated that this is a great opportunity to promote that the City of
Federal Way has evaluated the pools, and are reducing the prices. This really needs to be promoted positively. .
Deputy Mayor Kochmar recommended pulling this item on the consent agenda, and discuss the decrease in fees to
increase the awareness. Dovey moved to recommend to Council a "do pass" to authorize the revised fee.
schedule, effective March 1,2004 and place this tem before City Council for approval on February 17,2004.
Ferrell seconded. Motion passed.
Community Center 2%-For-Public-Art Proe:ram
Ms. Faber reported that in December she presented a budget and information about the City Hall project to Council
Committee. At that meeting, Council made adjustments to the City Hall project. The informa~ion was brought back
to the Arts Commission. After reviewing the information, the Arts Commission felt that the proposal needed to be
rewritten. The revised program was written to include both interior and exterior projects. They will be sending out
proposals for two separate artworks, and split the budget between the two art programs. Ms. Tanner further
explained that the two calls for artists would be better clarified. They will have clear descriptions, and the artist will
know what they're applying for. The program budget has been revised to accommodate for the construction
expenses including a water element. There are a lot of additional costs associated with a water element. The
additional funding will come from the Community Center's landscaping budget. Schroder explained that the
landscaping budget has already been established. It is not increasing the community center budget. Council member
Dovey asked that if we split the project, would we get two marginal projects instead of one great project? Ms.
Tanner stated that by having two separate projects, the budgets are established, and the artist knows exactly what
they are applying for. She feels the pool of applicants will be excellent, and there will be many to choose from.
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITI'EE
Monday, February 9, 2004 Summary
Page 3
Tanner did state that the budget for the water element is very tight. Ms. Tanner explained that the exterior artist will
work with the landscape team, and draft ideas will come forward. We will know quickly what the parameters of the
water element would be. Dovey moved to recommend to Council a "do pass" to accept the items listed below
and place these items before Council on February 17,2004:
1). Approve the revised budget for the Community Center 2%-For-Public-Art program
of $305,000.
2). Authorize staff to administer an artist prospectus for the following:
a). Interior Lobby/Community Wing integrated artwork for a budget of $90,000
and the Artist Made Building Parts (AMPB) elements for a budget of $30,000.
b). Exterior Entrance integrated artwork for a budget of$114,500.
Ferrell seconded. Motion passed.
Dovey moved to add item G, introduction of City Hall Artist. Ferrell seconded. Motion passed.
Introduction of City Hall Artist Node Sato
Ms. Faber introduced Norie Sato, the artist selected and approved for the City Hall project. Ms. Sato gave a brief
statement about the project, and distributed a flyer displaying images of her work. Committee was given an
opportunity to provide Ms. Sato with feedback on what type of artwork they would like to see at the new building.
Some of the ideas mentioned were focusing on the cultural diversity of Federal Way, the Natural Beauty that
surrounds Federal Way and the fact that this building is bringing the various aspects of City Government together,
for better efficiency and better service to the Community. Ms. Sato will come back to Council Committee in April
with initial concepts, and will be back to Council Committee in May for final proposal. The artwork is scheduled to
be completed in October.
PENDING ITEMS
. Community Center: Finalizing the contractor's agreement. Schroder will notify Council in approximately
two weeks when staff will resume with public meetings and process.
. Hylebos State Park Transfer: Ms. Schroder and Jorgensen met with representatives from Washington State
Parks. A public meeting will be held on February 26, 7:00pm at City Hall. This will be a joint meeting with
the City of Federal Way and Washington State Parks to provide an opportunity for public comment. The
State Park requirements are to notify property owners within 1,000 feet surrounding the site. The notices
will be sent out. State Parks will bring a proposal to the State Parks Commission on June 17 for their
approval for the transfer. It will then go to the Governors office, and when the Governor signs off, it will go
to recording. This will be finalized in late September or early October. We do have funds for repair and
replacement of the boardwalk. State Parks will give the City of Federal Way a Memorandum of
Understanding, because we will be doing a city project on state land. Schroder received a call from the
Friends of the Hylebos, they would like to begin discussing the possibility of using the Marcx house as an
interpretive center and offices.
NEXT MEETING
March 18 2004, 5:00 p.m. in the Mt. Baker Conference Room
ADJOURNMENT
Meeting adjourned at 6:03p.m.
5.1\
.~
CITY OF .",..- ~
Federal Way
MEMORANDUM
Date:
March 9, 2004
From:
Parks, Recreation, Human Services and Public Safety Committee
David ~Manager . .
Mary Faber, Recreation and Cultural Services Superintendent
To:
Via:
Subject:
Centerstage Theatre Conservatory Workspace Proposal
Backaround:
Centerstage Theatre Conservatory met with staff at the end of January 2004 to discuss the
possibility of renting office/storage, rehearsal and set construction space at Dumas Bay Centre
and Knutzen Family Theatre. Centerstage is looking for ways to reduce expenditures and
streamline their organization. Staff recommended that Centerstage develop a written proposal
that outlined their request. The request would be reviewed by the Arts Commission, the
advisory body over the Dumas Bay Centre and Knutzen Family Theatre and forwarded to the
City Council for action. .
Currently, Centerstage has a contract with the City to use the Theatre space for a flat rate of
$5,000 per production, This fee was adopted by City Council in 1998 when the Theatre opened
and is unique to Centerstage as a long-term renter of the space. This fee includes the move-in
of the set, final rehearsals and performance. Each production includes 4-5 weeks in the
building. At this time, a production may include 104-110 hours of Theatre time and 60-70 hours
Rehearsal Hall time.
The standard non-profit arts organization rate is $55,00/hour for the Theatre and $25.00/hour
for the Rehearsal Hall.
Centerstage submitted a written request to the Commission for the following:
a). Office Space/Storage Space-Move the administrative operations of.the
organization to one of the following areas:
. Visual Arts Classroom and attached storage room on the basement floor of
Dumas Bay Centre
. Three rooms on the second floor of the Dumas Bay Centre. Two rooms are
1\-\
used for storage, one serves as a bedroom for overnight
re treats/conferences.
b). Rehearsal Space: Use of the Rehearsal Hall at Knutzen Family Theatre four weeks
prior to the move-in for stage set-up, final rehearsals 'and production.
c). Set Construction: Use of space in the converted garage, storage/work room of
Knutzen Family Theatre.
The Commission scheduled a working session at Knutzen Family Theatre on February 29 to
tour the areas that were outlined in the request, discuss their current usage, potential service
impacts and potential use by the Theatre. Staff was asked to prepare financial and program
information for the areas that were under review. At the meeting, the Commission toured the
areas, reviewed staff information and requested that staff bring additional information on current
market rental costs per square foot for office space and current fee structure for the Rehearsal
Hall to the March Commission meeting.
On March 4, the Commission held their monthly Commission meeting and discussed the
proposal with Centerstage. The Commission reviewed each request separately.
a) Office Space/Storage Space: Staff reported that a real estate agent was contacted
and stated that the average market rate for rental of office space is $12.00/sq. ft
annually. .
Basement Visual Arts Classroom/Storage Rooms:
Square Footage of Visual Arts Classroom/storage: 941 Sq. Ft.
Annual Market Rate Rental Cost: $11,292
.
The Commission discussed the current use of the areas, impact of service to the
community and revenue impact to the City if current rooms are no longer
available. They also discussed the use of other potential facilities in the city
inventory that may be used for office and storage space with less impact to the
current program. Centerstage was asked what other options they may be
considering to meet their needs that are not associated with the City. After much
discussion, the Commission voted to postpone a decision on use of the Visual
Arts Classroom and storage space until the Commission has more information
regarding other possible locations of city facilities and within the community.
.
Three Rooms on the Second Floor of Dumas Bay Centre:
Square Footage of Second Floor Area: 450
Annual Market Rate Rental Cost: $5,400
The Commission voted not to recommend to the use of the second floor of the
Centre for office space/storage space. This recommendation is due to the lack of
basic infrastructure for office space such as air conditioning, phone and computer
lines and potential impacts of a working office sharing the same area as
retreat/conference guests.
1\-'2-
b).
Rehearsal Space: Staff reported that the cost of renting the rehearsal space
for non-profit art organizations is $25.00/hour. Centerstage provided information
they would like an additional 116 hours of usage of the Rehearsal Hall per
production. Their current schedule includes 4 productions in 2004.
,
Per Production Cost of Rehearsal Space: $2,900
Annual Cost: $11,600
The Commission requested that staff provide additional information on how the
requested use would impact the current schedule. No action was taken, further
discussion will take place in April.
c).
Set Construction: The Commission discussed the potential of Centerstage
using the workroom/storage area at Knutzen for set construction. When
the work room is occupied, there would be an impact to activities in the
Theatre and Rehearsal Hall due to noise associated with construction.
Centerstage requested 11-15 weeks of work per year for construction needs.
Currently, this area is used for some set assembly and storage of equipment
when productions move into the Theatre for stage set-up, final rehearsals and
production. The City does not charge Centerstage separately for the use of the
work room/storage area, it is associated with the overall cost of the production
rental. At this time, there is not an established rental fee for use of the work
room/storage room.
The Commission made no action on the use of the work room/storage at the
March meeting. They are awaiting further information on other options that
may be appropriate for set construction.
Next Steps:
The Commission asked staff to bring the following information to the April meeting:
1). Research availability and condition of the house located at Steel lake Maintenance
that was recently acquired by the City. Currently this house is occupied with renters.
2). Provide information on the potential use of the second floor of the Steel lake Annex
house. This building currently houses pre-school classes/activities on the main floor,
the second floor is used as storage and play area. When the new Community
Center is built, all programming in this facility is scheduled to move and the building
will be vacant.
3). Research the potential of any other city properties that may be available for use.
4). If other cities facilities are available, provide the projected market rate rental
information for use.
5). Knutzen Family Theatre Rehearsal Hall 2004 schedule.
The Commission requested that Centerstage provide the following information for the April
meeting:
t\-~
1). Financing and cost analysis of remaining in their current location for work/rehearsal
space and off-site storage rental.
2). Research other opportunities for office space/storage and rehearsal space in the
community. '
3). Provide information on strategies to increase revenue to maintain occupancy at
current location.
Attachments: .
Centerstage Proposal, Recreation and Cultural Services usage of the Dumas Bay Centre
basement Visual Arts and Crafts Classroom.
Committee Action:
No action requested at this time.
i:1 cou ncil i nfo/2004/ ce nters tagep roposa I/wkspacerehea rsa I mem 03.4
f\-~
Federal Way Arts Commission
c/o Mary Faber
Federal Way City Hall
33530 1st Way South
Federal Way, W A 98063-9718
Dear Ladies and Gentlemen,
It was a pleasure speaking with you at the Public Forum last week. I look forward
to getting to know you all better and working with you. This letter contains a
statement of my policies and intent, and a proposal for the future relationship of
Centerstage and the Knutzen FamHy Theatre & the City of Federal Way.
New Policies:
First, Centerstage must be more responsive to this community by producing the
kind of theatre it wishes to see. We are po1Hng our audience to better understand
their needs. Meanwhile, I have selected these shows to begin with: YOU'RE A
GOOD MAN CHARLIE BROWN; the thriUer, SLEUTH; the musical NUNSENSE
and A CHRISTMAS CAROL. While we shall maintain our professional core of
performers, I shall also involve more local talent in our productions.
Second, we are examining all our expenditures. There are not a lot of areas to
cut. But if there are unnecessary expenditures, we shall eliminate them.
Third, we must ensure that our relationship with the City, you and the
management at The Dumas Bay Center is friendly, respectful and advantageous
to us both. For instance, John Gamache pointed out the benefits of aligning our
season with the Knutzen's own series, running September through June. We have
already re-arranged our own schedule to accommodate this very sensible
suggestion.
Our needs are not small but we nonetheless propose to pay our way. I believe that
the financial arrangement we have had in the past has been equitable and
productive to both parties. So, I respectfully request that we negotiate an
agreement that continues to take into account the current difficulties assailing
the Performing Arts in general, and Centerstage in particular.
Thank you for taking the time to consider my proposal.
Yours Sincerely,
Alan Bryce
Artistic Director,Centerstage
~:5
Proposal of Centerstage Inc. to Federal Way Arts Commission,
February 12ili, 2004
1.
. The use of our studio theatre at South 341st St. is not sustainable. We
need to maximize our sales potential by moving all our productions to
the Knutzen.
We propose that we return to our previous schedule of five 4-
week productions at the Knutzen.
(a) We shall reduce our get-in time from 10 to 4 days, thus reducing
our expenditures and freeing up more time for Knutzen's own use.
(b)We have already booked two 3-week blocks in April and June, and
wish to discuss our new season, starting in September. (We have
already reserved two 4-week slots.)
2.
By splitting our operation between two facilities, we incur expenses
that could be eliminated if our activities were confined to one building.
We request that the City of Federal Way lease us space in the
Dumas Bay Center. Our needs are, to an extent, flexible. We
look forward to discussing the specifics of any agreement.
(a) Office space/Storage space.
We now have 1,200 square feet of office space, but could make
do with less. I viewed the storage room next to the "romper room"
in the basement at the Dumas Bay Centre. Ideally, these two rooms
would meet all our office and storage requirements. I understand
that some of this space is currently used by a kids' group. If that is
so, usage of the storage room (where there are currently play items,
like mats and beach balls) and three of the small, currently unused,
windowless rooms in the second floor, would also meet our needs.
(We would store costumes, electrical equipment and office records).
(b) Rehearsal space.
We would need primary access to the rehearsal studio for the 4
weeks immediately prior to our get-in week. Our goal is to be
flexible and work with Dumas Bay Centre management. For
instance, if the management needs occasional use of the rehearsal
studio that conflicts with our schedule, we could move rehearsal
temporarily to a banquet room. .
(c) Set construction.
~-~
We now build sets at our studio on 341st Street. When we move, we
lose that space. The stage right area at the Knutzen is larger than
our current space and would meet our construction needs. Those
needs are variable. You're A Good Man Charlie Brown, for
instance, requires one small set piece: a doghouse. Construction is
minimal. Others will need interior "box" sets. The smaller sets could
be built in one week, the others would need two and in exceptional
circumstances, three. I cannot exactly predict our construction
schedule at this time, but I anticipate 11-15 weeks of work during
the next 18 months.
Pr-l
Dumas Basement
2003 Gross Revenue Instructor Expenses Additional Expenses Net Revenue Basement Room Used Total # of people served In 2003
ego dance costumes, supplies, etc.
Dance
Winter $ 5.403.00 1,427.00 400.00 dance room 127
Sp~ng $ 9,494.00 1.828.00 2.651.00 dance room 142
Summer $ 2.725.00 840.00 400.00 dance room 159
Fall $ 9.358.00 2,534.00 2,690.00 dance room 159
Sub.total $ 26,980.00 6,629.00 6,141.00 $ 14,210.00 587
Music
Winter $ 1.036.00 425.00 dance room 16
Sp~ng $ - dance room 0
Summer $ 273.00 187.00 dance room 7
Fall $ 988.00 315.00 dance room 15
Sub-total $ 2,297.00 927.00 0.00 $ 1,370.00 38
Visual Arts & Crafts
Winter $ 42.00 $ 42.00 art room 16
Spring $ -
Summer $ 633.00 216.00 100.00 $ 317.00 art room 6
Fall $ 14.00 $ 14.00 art room 31
Sub.total $ 689.00 216.00 100.00 $ 373.00 53
Creative Movement
(contracted instructor)
Winter $ 4.344.00 3.030.00 art 135
-y- Sp~ng $ 6.957.00 4.852.00 art 165
, Summer $ 4.367.00 3,042.00 art 155
Fall $ 7.225.00 5,047.00 art 190
CO Sub-total $ 22,893.00 15,971.00 400.00 $ 6,522.00 645
Yoga
Winter $ 900.00 art 10
Spring $ 935.00 art 10
Summer $ 455.00 art 7
Fan $ 1,638.00 art 14
Sub.total $ 3,928.00 2,275.00 0.00 $ 1,653.00 41
Preschool
Winter $ 750.00 0.00 art 10
Sp~ng $ 875.00 0.00 art 10
Summer $ 435.00 art 7
Fall $ 858.00 art 14
Sub.total $ 2,918.00 2,004.00 0.00 $ 914.00 41
Birthday Parties
37 parties $ 2,859.00 1,365.00 300.00 $ 1,194.00 entire basement 1000
Facility Supervisors for the entire year (not Including parties) 7,000.00
Sub-total $ 62,564.00 29,387.00 13,941.00 $ 26,236.00
Summary ..Summary per room Art Room Dance Room
Total Gross Revenue $ 62,564.00 Total Gross Revenue $ 30,428.00 $ 29,277.00
Total Expenses $ 43,328.00 Total Expenses $ 20,960.00 $ 13,697.00
Total Net Revenue $ 26,236.00 Total Net Revenue $ 9,462.00 $ 15,580.00
Total Persons Served 2441 Total Persons Served 816 625
.. This summary does not Include birthday parties. which use the entire basement.
k:/comeventsld u ma slbasementrevexQ2003 sil
5.5
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
March 9, 2004 ~
Angelina All n isi, Human Services Manager
David M sel Manager
2004 Human ervices Commission Work Plan
Background
The Human Services Commission held their retreat on March 8, 2004 to develop the proposed
2004 Work Plan and approved the Work Plan during their March 8th regular business meeting,
which was held later that day. Primary work elements of the Work Plan include and are not
limited to the following:
. Conduct the 2005-2006 Human Services and Community Development Block Grant
allocation process and make recommendations to City Council.
. Review the development of the City's Consolidated Human Services Plan and pass
through recommendations. .
. Develop partnerships with churches, human services agencies, the Federal Way Public
School and other potential stakeholders to increase coordination, and marketing and
outreach efforts to promote awareness and collaboration around human services issues.
. Work closely with all levels of City government to promote continued support of the City's
Human Services Program.
The proposed Work Plan is attached for your review. The Human Services Commission Chair
will be at the Council Committee meeting to plOvide additional information.
Committee Recommendation
Motion to recommend to Council to authorize the 2004 Work Plan and place before the full City
Council on the April 6, 2004 consent agenda.
APPRd\)ÃL9~;:CÕiftM¡ITE~RE~bRT: ,::'
"
C9mmitte~Chair '
Go~mittee Mem~er
Committee Member
, ',"" ":' ',,",'
I~-\
City of Federal Way
Human Services Commission
2004 Work Plan
1) Conduct the 2005-2006 Human Services and Còmmunity Development Block Grant
(CDBG) allocation process and make recommendations to City Council.
Tasks
. Review estimated funding available.
. Review and evaluate applications.
. Conduct applicant interviews as needed.
. Hold public hearing on CDBG and Human Services General Fund recommendations
to obtain citizen input.
. Deliberate and make recommendations to City Council.
. Develop survey for human service agencies to evaluate the general fund and CDBG
application process and review the results from the survey.
2) Review development of the City's Consolidated Human Services Plan and pass
through recommendations.
Tasks
. Learn about the current human services needs and identify gaps in the human services
system. (Completed - held Human Services Forum February 23, 2004).
. Review infonnation collected by consultants analyzing statistical data taken from
existing sources, which includes and is not limited to the 2000 US Census, King
County, Puget Sound Regional Council, Dupre + Scott and Department of Housing
and Urban Development.
. Review the following drafted by the consultants:
The assessment reports based on the housing, homeless needs, economic
development, neighborhood improvement/capital facilities, and human
services needs in Federal Way.
The updated report of the Housing Element to the City's Comprehensive Plan.
The draft Consolidated Human Services Plan.
. Conduct a preliminary evaluation of the proposed 2006 budget, as part of the decision
to become a direct entitlement City.
Detennine appropriate funding levels for new staff salaries/expenses and
revenues.
. Make a preliminary recommendation to City Council to detennine CDBG funding
options and decide whether or not to become a direct entitlement City or stay in the
King County Consortium for another 3-year contract tenn by the fIrSt quarter of2005.
3) Review the contract performance of Human Services/CDBG recipients.
Tasks
. Review the quarterly reports submitted to the Human Services Division to detennine
if agencies are meeting perfonnance goals and outcomes.
B~L
Human Services Commission
2004 Work Plan
Page 2
4) Review sub-regional, regional and federal legislation on human services and CDBG
. trends and activities.
Tasks
. Receive briefmgs on the activities of the South King County Human Services Forum.
. Receive briefings on the South King County Council of Human Services.
. Receive briefings on the work of the King County Executive's Regional Task Force on
Human Services.
. Receive briefings on the activities of the King County Joint Recommendation
Committee.
. Review news regarding policy decisions at the federal level that could have a potential
impact on the CDBG program.
. Review news regarding local/regional/national activities and legislation that could have a
potential impact on human services in Federal Way.
5) Tour select agencies that may receive funding.
Tasks
. Commissioners will sign up to visit 1 or 2 agencies.
6) Develop partnerships with churches, human services agencies, Federal Way Public
Schools and other potential stakeholders to increase coordination, marketing and
outreach efforts to promote awareness and collaboration around human services
issues.
Tasks
. Explore other funding sources and opportunities to support the City's human services
program.
. Utilize multi-media resources to promote a human services fundraising event.
. Update the Human Services brochure and display at local stores, restaurants and other
public venues in Federal Way.
7) Work closely with all levels of City government to promote continued support of the
City's Human Services Program.
Tasks
. Regularly attend the Parks, Recreation, Human Services, Public Safety (PRHSPC)
Council Committee and regular City Council meetings.
. Promote the need to maintain a strong level of Human Services funding in the City
budget process.
"B-?J
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CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject
March 9, 2004
Angelina All n-
David Mose
Propose ha
Process
~
isi, Human Services Manager
anager
es to the Human Services General Fund Application
Background
In preparation of the new 2005-2006 Community Development Block Grant and Human Services
General Fund application cycle, staff proposed to the Human Services Commission, at their
March 8th meeting, t'AO changes to the General Fund application process: 1) to establish a
funding minimum of $5,000 and 2) if an agency submits a General Fund or CDBG grant
application that is incomplete or is substantially missing required information, as identified in the
grant application instructions, the application will not be considered for funding.
Staff recommended the proposed changes based on the following rationale:
. Improve staff efficiencies. Managing contracts under $5,000 takes up a fair amount of
time, which could be utilized in other program areas.
. A funding minimum of $10,000 for the Community Development Block Grant (CDBG)
public service program will be implemented this }ear and the general fund budget should
maintain a similar level of consistency like the CDBG program.
. Establishing a minimum of funding will help improve the quality of the grant applications
and help streamline the funding process by making it more efficient. Human service
agencies will be more inclined to submit a comprehensive application if they realize the
City will hold them to a higher standard and not accept incomplete or unclear applications
for funding.
. The proposed changes should help the Human Services Commission in their review of
the applications and when they make proposed recommendations for funding.
Agencies will be strongly encouraged to contact the Human Services Division staff to receive
technical assistance. Staff will also invite agencies to submit a draft application vvell before the
May 6, 2004 deadline. This will allow agencies the opportunity to benefit from staff comments
before the final application is submitted.
Also as a point of reference, staff has developed a set of funding guidelines, which indicates the
proposed new changes to the Human Services General Fund and CDBG. Please refer to the
attached set of guidelines. The funding guidelines are designed to help agencies become
familiar with the City's expectations when submitting their application for funding.
The Human Services Commission approved staff's recommendation at their March 8, 2004
regular business meeting and amended the motion to include language that w>uld allow them
discretion to fund an agency at a lower amount than $5,000 ifthey so chose.
C...\
Committee Recommendation
Motion to recommend to Council to authorize the proposed Human Services recommendation,
which proposes a $5,000 funding minimum, and allows City discretion to fund an agency lower
than $5,000. It is further recommended that applications missing substantial or required
information, as identified in the grant application instructions, will not be considered for funding.
This motion will be placed before the full City Council on the April 6, 2004 consent agenda.
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CITY Of , 7
Federal Way
MEMORANDUM
DATE: March 2, 2004
TO: Human Services Commission ~
FROM: Angelina Allen-Mpyisi, Human Services Manager
SUBJECT: Consider Changes to the Human Services General Fund Application Process
As the Human Services Division prepares for the new 2005-2006 Community Development
Block Grant'{CDBG) and General Fund grant application cycle, staff is proposing two changes
to the General Fund application process. Because the Human Services General Fund receives
a number of applications a $5,000 minimum is being proposed. In addition, staff further
proposes if an agency submits a General Fund or CDBG grant application that is incomplete or
is substantially missing required information, as identified in the grantapplication instructions,
the application will not be considered for funding.
Staff is suggesting these proposed changes for the following reasons:
. To improve staff efficiencies in managing contracts under $5,000.
. A funding minimum of $10,000 for Community Development Block Grant (CDBG) public
service programs will be implemented this year and the general fund should also
maintain a comparable level of consistency with the CDBG 'program.
. To improve the quality of the grant applications and streamline the funding process.
Human service agencies will be more apt to submitting a thorough application if they
realize a funding minimum has been established and that incomplete or unclear
applications will not be considered for funding.
. A funding minimum will help the Commission in your review of the applications and
making proposed recommendations for funding.
Staff has spoken to other representatives from other South King County cities and the City of
Kent has instituted this approach and finds it works very well.
It is also important to point out because we are in a budget year and do not know how much will
be available for human services it is very important that systems are set up now that will hold
the human service agencies to a higher standard. For example, if an agency submits a well
thought out comprehensive appiication, this is one indication that the agency can successfully
manage its programs and achieve their performance goals and outcomes.
Agencies will strongly be encouraged to receive technical assistance from staff in developing
their application. Staff will also invite human service agencies to submit their draft grant
application, well before the May 6th application deadline, to allow staff to review and propose
suggested changes or improvements before the final application is submitted.
C-3
Proposed Motion
I move to recommend that the Human Services General Fund application process adopt a
funding minimum of $5,000. I further recommend that if an agency submits a General Fund or
CDBG grant application and it is missing substantial or required information, as identified in the
grant application instructions, the application will not be considered for funding.
This process will begin with the new 2005-2006 funding cycle.
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~
CITY OF ~
Federal Way
Human Services/CDBG 2005-2006 Funding Guidelines
General Information
This information will explain the City of Federal Way's Human Services Division process for allocating
the local Human Services General Fund and Community Development Block Grant (CDBG) dollars.
The City of Federal Way uses its General Fund and CDBG dollars to support programs that target low-to
moderate-income Federal Way residents. Applications for the new 2005-2006 funding round are due
on May 6, 2004. This year, new criteria have been established for the Human Services and CDBG
public service programs.
Human Services
Because the Human Services General Fund receives a number of competitive applications a
$5,000 funding minimum has been established. Agencies submitting small requests for under
$5,000 will not be considered for funding. In addition, if an agency submits an incomplete
application that is substantially missing required information, as identified by the grant application
instructions, the application will also not be considered for funding.
At this time, the 2005 Human Services General Fund budget is estimated to have available $442,000 in
2005. However, the City of Federal Way is projecting a significant budget shortfall in 2005 so the
estimated funds may be reduced significantly. The final general fund budget will be officially adopted by
the City Council in December 2004.
The Human Services General Fund operates on a two-year funding cycle. If an agency is successfully
awarded funding, the second year grant award is contingent upon satisfactory contract performance and
on City funding being available.
Community Development Block Grant Public Services
Also for the 2005-2006 funding cycle, the CDBG public service program has moved to a 2-year
grant cycle and a funding minimum of $10,000 will be implemented. Agencies applying for
CDBG public service funds will be require to submit a grant application at the minimum funding
level or the application will not be considered for funding. In addition, if an agency submits an
incomplete application that is substantially missing required information, as identified by the grant
application instructions, the application will also not be considered for funding.
Agencies successfully awarded CDBG public service funds will receive funding during the two
year funding cycle. However, second year funding is contingent upon satisfactory contract
performance and providing there are no reductions of CDBG funds at the federal level.
Given the uncertainties of the CDBG program it is difficult to predict the amount of CDBG funds that will
be available for 2005. The City of Federal Way estimates that $114,696 will be available for CDBG
public service activities and $600,000 will be available for Capital projects. Actual levels of CDBG funds
will not be determined until Congress officially adopts the 2005 federal budgets.
c-s
City of Federal Way's Human Service Division
Human Services/CDBG funding criteria and guidelines
Page 2
. Agencies applying for general fund or CDBG dollars' are encouraged to contact staff and receive
technical assistance in developing/our application. Staff also invites agencies to submit their draft grant
application, well before the May 6 application deadline, to allow staff to review and propose suggested
changes or improvements before the final application is submitted.
Funding Framework - Human Services General Fund
The City of Federal Way's Human Services Division (HSD) prioritizes its funding to support the goals
established by the City Council. These goals are listed in priority order:
1. Support basic human service needs through funding of emergency services.
2. Support a strong service delivery system that increases public safety.
3. Provide support that supplements federal, state and county programs designed to increase self-
sufficiency and independence.
4. Support service models that improve community-based collaborations and build strong
neighborhoods.
Human Service agencies applying for funding must demonstrate how their program supports one or
more of these goal areas. In addition, applications will be screened based on the following factors:
1. The likelihood of accomplishing the proposed set of eligible activities based on a proven track
record and organizational abilities.
2. The quality of services that will benefit low- and moderate-income Federal Way residents based
on the proposed program.
3. The proposed set of outcomes, as identified in the agencies application, indicates how the
program will make a difference in the lives of low or moderate-income Federal Way residents
being served.
4. The agency is coordinating with other service providers and not duplicating services.
5. Other funding sources have been identified and are pending or committed to the program as
appropriate. '
6. The project demonstrates that City of Federal Way dollars are being leveraged with other funds
as appropriate.
7. Agencies demonstrate the ability to meet CDBG eligibility and federal requirements. (Only
applies to CDBG programs/agencies).
Eligible use of CDBG Funds for Public Service Proiects
The City uses federal CDBG public service funds to support critical human services for low-and
moderate-income Federal Way residents. These funds come with a number of restrictions and
regulations. Please review these regulations carefully to determine eligibility. Agencies submitting
C-~
City of Federal Way's Human Service Division
Human Services/CDBG funding criteria and guidelines
Page 3
applications for funding must ensure that their projects link to the City of Federal Way's Community
Development Block Grant Housing and Community Development Strategies. Applicants applying for
public service funds will be screened using the criteria from items 1-7 as identified in the
Funding Framework section.
Eliaible use of CDBG Funds for Capital Projects
The City uses federal CDBG capital funds to support public and community facilities improvements,
housing, accessibility, and infrastructure improvements utilizing City of Federal Way's Community
Development Block Grant Housing and Community Development Strategies.
Agencies applying for CDBG funds will also be screened based on their ability to successfully manage
and implement a capital project. As was earlier stated, applicants applying for capital funds will be
screened using the criteria from items 1-7 as identified in the Funding Framework section.
Organization's applying for CDBG Capital funds will also be screened based on the following criteria:
. The project addresses a need or problem in Federal Way.
. The project demonstrates that it will directly benefit Federal Way residents.
. As appropriate, project costs are reasonable and other sources of funds have been identified or
committed.
. The project is ready to proceed so that federal dollars can be spent in a timely fashion.
. Agencies demonstrate the ability to meet CDBG eligibility and federal requirements.
Application Review Process
The Human Services Commission will review applications and make funding recommendations to the
City Council as part of the City's budget process. The City reserves the right to allocate less than
$5,000 to applicants applying for the Human Services General Fund.
The Commission will hold public hearings for General Fund and CDBG applicants.. Although the dates
for the public hearings have not been scheduled all applicants will be notified in advance. Following a
public hearing for CDBG funds, the City Council will make their decisions for funding by September
2004. Final CDBG funding will be awarded following adoption of the 2005 HUD application by
Congress.
The City Council will deliberate and make funding decisions for General Fund dollars during their overall
discussions for the 2005 budget. Final funding decisions will be made by December 2004.
Staff Assistance
Staff is available to assist or answer questions. Contact Angelina Allen-Mpyisi, Human Services
Manager at (253) 661-4039 or at anQelina.allenmpvisi@citvoffederalwaV.com for human service related
questions, and Kelli O'Donnell, CDBG Coordinator at (253) 661-4153 or at
keIlLodonnell@citvoffederalwaV.com for CDBG questions.
C-l
5~D
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
To:
Parks, Recreation, Human Services & Public Safety Council Committee
Anne KirlqJatrick, Chief of POli~ ~'
David ~ager
March 18, 2004
From:
Via:
Date:
Subject:
Property Disposition Services Agreement
Backl!:round:
The Property Bureau is an Internet Based Auction Company, run by ex-police officers, out of California.
They pick up all property ready for disposal, with the exception of money, dope, and guns. The Police
Department is given a receipt for all items received by the Property Bureau when the items are picked up.
The Property Bureau conducts an on-going auction and sends a monthly check to the Police Department for a
percentage of the sales. The Property Bureau donates those items, which do not sell, to charity
organizations.
Start-up Costs:
There are no start-up Costs. The Property Bureau simply keeps a percentage of the proceeds from items
sold.
It would be quite costly for the Federal Way Department of Public Safety to auction off and/or dispose of
this property. By using this Internet Auction Company, it allows Federal Way to save money, while
disposing of old, unclaimed property items.
We request that all proceeds received by the Federal Way Department of Public Safety, for the items
auctioned and sold, be credited to the Property/Evidence Account. This would allow the Federal Way Police
Department to help offset the costs associated with the purchase of crime scene processing supplies.
Committee Recommendatiou:
Motion to approve the Property Disposition Services Agreement and allow the proceeds to be posted to the
Property/Evidence account to help offset supply costs, and forward to full Council for Consideration at its
April 6, 2004 meeting.
APPROV AL OF COMMITTEE REPORT:
Committee Member
Committee Chair
CQ:mq1itte~ Member
ù.-\
To:
Organi 7.ation:
Phone Number:
FAX Number:
Federal Way Police Department
Criminal Investigations Section
FAX Transmittal Sheet
34008 Ninth Avenue South
Federal Way. WA 98003-6791
Phone: (253) 661-4740
FAX: (253) 661-4580
Peggy Gimble
Property Bureau
(949) 234-0204
(949) 234-0047
From:
Phone Number:
Stan McCall, CIS Cmdr.
(253) 661-4658
Date:
October 15, 2003
This transmission is intended for the recipient only. AD data contained herein is restricted.
If you received this ttansmissiðn in envr, please call the above phone number immedi8tely.
This transmission contains [ - 2 - ] pages including this cover sheet
Remarks:
Peggy, thank you for the information - please find the
Agreement Signature page attached.
\Y-2-
PROPERTY DISPOSITION SERVICES AGREEMENT
PropertyBureau.com, Inc., an Arizona corporation ("PropertyBureaufl), enters into this agreement (the flAgreemenf'),
witt. the customer identified below (the "Owner") for the auction and disposition of personal property (the "Disposition
Services"), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below.
Beginning l [)- ( ç - D"1 , (the "Start Date") Owner engages the Disposition Services of PropertyBureau. This
Agreement will terminate on , (the "Termination Dàte"), or at such other time as provided
herein.
OWNER INFORMATION:
Federal Way Dept. of Public Safety
[Ovvner Name]
SCHEDULES, SUPPLEMENTS AND OTHER
ATTACHMENTS: (Mark only if included)
34008 9th Ave. So
[Address]
Terms and Conditions
~
Addendum ~
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Federal Way, WA 98003
253-661-4600
[Phone] . /
THIS AGREEMENT INCLUDING ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE ATTACHED
TERMS AND CONDITIONS, AND ALL OTHER ATTACHMENTS INDICATED IN THE BOX ABOVE, IS THE
PARTIES' ENTIRE AGREEMENT AND CANNOT BE MODIFIED EXCEPT IN WRITING BY THE DULY AUTHORIZED
REPRESENTATIVES OF BOTH PARTIES.
EXECUTED on the date(s) indicated below:
J
Date: \ D- \ Ç-ù ?
PropertyBureau.com, Inc.
3551 Camino Mira Costa, Suite C
San Clemente California 92672
Phone: 800-799-2440
Federal Tax 10 86-0962102.
Rev 6/12102
D-3
Page 1 of4
~I
3551 Camino Mira Costa I Suite C I San Clemente, CA 92672
PH 949.234.0204 I 800.799.2440 I FX 949.234.0047
Mr. Johnny Hernandez
Federal Way Department of Public Safety
34008 9thAve So. .
Federal Way, WA 98003
Dear Johnny;
The Disposal Agreement is amendable to meet Department and County requirements.
The duration of the Agreement maybe left open. If you chose to leave the date open this
may be achieved by. writing something like " This Agreement may be terminated by either
party with 30 days written notice" the verbiage would be strictly up to you. This
addendum may be written in on the signature page of the Agreement in the address box
under the word addendum. / have attached an Addendum to Property Disposition
Services Agreement form any additional changes should be written on this form.
/'
I included a copy of our" Welcome to Property Bureau" I think it is important that our
agencies feel comfortable with our process, and have confulence in the faCt that we strive
to make sure that both our "Agency Partners" and our consumers have a satisfying long-
term relationship with Property Bureau.
I tossed in some manifest forms (if you have a form you prefer please use that) for the
property we will be picking up. We can send the UPC codes in advance to help expedite
the pick up. Seem Gates our Western Region Client Representative will be calling you as
soon as Agreement is approved. Scott will be setting up the pick up and explaining the
process to you. .
Thank you for your time and effort on our behalf. We are certainly looking forward to
working with you and achieving some very positive results. If you have any questions or
need anything please call me. Please let Commander McCall know that we appreciate his
support.
Best regards,
. Peggy Gimbel
Business Development
peggygimbel@propertybureau.com
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TERMS AND CONDITIONS
1. Property to be Sold. From time to time, OWner will designate items of personal property (the 'Property") that it
desires to provide to PropertyBureau for Disposition Services. PropertyBureau retains the right to accept or reject
certain items in its sole discretion.
2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in
accordance with this Agreementat which time Owner will be deemed to have transferred title to.t~e purchaser or other
acquirer of the item of Property. OWner appoints PropertyBureau as its attorney-in-fact to sign any and all documents
necessary to assign to purchasers of Property all of OWner's right, title and interest in and to Property sold or disposed.
All cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to þayment of every
kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to
PropertyBureau's right to PropertyBureau's Net Proceeds and funds attributable to Credit Card Costs and other
transaction costs. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of
Owner.
3. Method of Selling Property. PropertyBureau will, on Owner's behalf, list Property for sale by auction to the public
on the World Wide Web of the Internet on one or more domain names selected by PropertyBureau. To the extent that
any Property is not sold by auction, PropertyBureau may, in any commercially reasonable manner selected by
PropertyBureau, dispose of Property. PropertyBureau will determine all aspects, terms and conditions of auctions of
Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PropertyBureau
will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when
Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price,
setting the length of time a Product will be auctioned; creating text and graphics to describe and depict Property
submitted for auction; collecting all purchaser information (such as purchaser's name, billing address, shipping address,
and credit card information); approving purchasers' credit card purchase transactions; and collecting auction proceeds
for completed sales from purchasers. PropertyBureau shall use its best efforts in auctioning and selling the Property on
the Internet and disposing of Property that does not sell at auction. PropertyBureau shall sell and dispose of all Property
"as is" without any liability to the Owner. PropertyBureau is solely responsible for identifying and resolving sales and use
tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes.
4. Allocation of Sales Proceeds.
a. The total amount paid by the purchaser shall be called the "Sales Price". The Sales Price shall include the
winning bid amount (the "Winning. Bid") and all costs, shipping and handling charges, taxes, and insurance costs
associated with the transaction and paid by the purchaser.
b. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and
75% ofthe portion, if any, ofthe Winning Bid that exceeds $1,000. From this amount, the owner's pro rata
share of transaction fees, if any, assessed by the credit card processor ("Credit Card Costs") will be
deducted.
c; Credit Card Costs will be bome by Owner and PropertyBureau in proportion to the percentage of the revenue
credited to the parties for each underlying transaction.
d. Amounts received by the Owner will be called .Owner's Net Proceeds".
The following example illustrates how proceeds of a sale are to be allocated. Assume an item of Property sells at
auction for a Winning Bid of $100; the buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6.
The buyer pays the Sales Price of $118.00 by credit card, and the Credit Card Costs are 2% of the Sales Price. The
Credit Card Cost is therefore $2.36 ($118 x .02). The Owner and PropertyBureau each $hare 50% of the Underlying
Winning Bid, therefore Credit Card Costs are also shared equally ($1.18 each). The Owner's Net Proceeds are $48.82
($50.00 less$1.18).
5. Payment Terms. Not later than the 15th of each month, PropertyBureau will pay to Owner the amount of Owner's
Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items
comprising a line item on the original manifest or other list òf Property are sold. With each monthly payment,
PropertyBureau will deliver to Owner a detailed report of completed sales activity for the preceding month showing
PropertyBureau's calculation of the amount of Owner's Net Proceeds for the month. With each payment of Owner's Net
Proceeds, PropertyBureau will deliver to Owner a written report setting forth the following information for the immediately
preceding month: (i) the completed sales during the prior month, including the total amount of related proceeds collected,
the Owner's and PropertyBureau's share of Credit Card Costs, the Owner's Net Proceeds; (ii) other dispositions of
Property during the month; (iii) the Property, if any, inventoried by PropertyBureau at the end of the month.
Page 2 of 4
ù-S
6/12102
6. PropertyBureau's Obligations Concerning Property in Its Possession. With respect to Property in
PropertyBureau's possession: (i) PropertyBureau will exercise due care in the handling and storage of any Property; (ii)
PropertyBureau shall keep the Property free of liens, secuñty interests, and encumbrances, and shall pay when due all
fees and charges with respect to the Property; (iii) PropertyBureau shall sign and deliver to Owner any UCC-1 financing
statements or other documents reasonably requested by Owner; (iv) PropertyBureau shall obtain and maintain insurance
in an amount (determined by PropertyBureau) not less than the replacement value of Property in its possession. The
insurance will cover the Property against fire, theft, and extended coverage risks ordinañly inCluded in similar policies.
PropertyBureau shall give Owner an insurance certificate upon Owner's request; and (v) If PropertyBureau
retums any Property to Owner, PropertyBureau shall pay all freight charges, insurance and related costs to. retum the
Property to Owner's nearest warehouse. .PropertyBureau, at PropertyBureau's expense, shall insure Property duñng
shipping in an amount not less than the replacement value of any item of Property returned to Owner.
7. Owner's Obligations. Owner will use its best efforts to provide to PropertyBureau such Property as becomes
available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of
the item of property to PropertyBureau, including a written manifest or list that describes the item of Property in sufficient
detail for identification. .
8. Restrictions on Bidding. PropertyBureau and its employees and agents may flotdirectly or indirectly bid for or
purchase auctioned Property on the Property Bureau web site.
R Representations and Warranties of Owner. Owner hereby represents, warrants and covenants as follows: (i)
Property delivered to PropertyBureau is available for sale to the general public without any restrictions or conditions
whatever; (ii) Owner will not knowingly deliver to PropertyBureau any Property of a counterfeit or illegal nature; and (iii)
Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title
to the Property to purchasers (the .Conditions Precedenf').
10. Books and Records. PropertyBureau will keep complete and accurate books of account, records, and other
documents with respect to this Agreement (the "Books and Records.). for at least three years following expiration or
termination of this Agreement Upon reasonable notice, the Books and Records will be available for inspection by
Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal
business hours.
11. Term and Termination. Unless terminated earlier, the term of this Agreement will begin on the Start Date and
terminate on the Termination Date. This Agreement may be terminated if there is a breach by either party of any
obligation, representation or warranty contained in this Agreement, upon thirty days prior written notice to the other party
unless the breach is cured within the thirty day period, provided, however, if the breach is not capable of being cured
within thirty days, the breaching party will have a reasonable amount of time to cure the breach if it begins to clire during
the thirty day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach.
The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law
or in equity, and such rights will be cumulative. The exerCise of ahy such right or remedy will not preclude the exercise
. of any other rights and remedies. Notwithstanding any termination by either party of this Agreement, PropertyBureau will
continue to remit amounts due to Owner.under this Agreement in connection with any sales made before the effective
date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by Property
Bureau or retumed to Owner, at owner's election and cost
12. Indemnification. Subject to the limitations spec:ified in this Section 12, each party will indemnify, hold harmless and
defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities,
whether joint or several, expenses (including reasonable legal fees and expenses), judgments, fines and other amounts
paid in settlement, incurred or suffered by any such person or entity arising out of or in connection with (i) the inaccuracy
of any representation or warranty made by the party hereunder, (ii) any breach of this Agreement by the party, or (iii) any
negligent act or omission by the party or its employees or agents in connection with the performance by the party or its
employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the
direction of the other party.
. 13. limitations on LIability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER
PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE
AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT,
SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS
(COLLECTIVELY, .DISCLAIMED DAMAGES.); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE
OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE
SUBJECT TO INDEMNIFICATiON PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT
WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE
Rev 6/12/02
\:) -~
Page30f4
PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION \NITH THIS AGREEMENT WILL NOT
EXCEED THE AGGREGATE AMOUNT OF PAYMENt OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER
IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE
AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE
AGREEMENt. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT
LIMITED UNDER THIS AGREEMENT WITH RESPÈCT TO LIABILITY ARISING FROM OWNER'S FAILURE TO
SATISFY TIMELY ALL CONDITIONS PRECEDENT.
14. Notices. Any notice under this Agreement must be in writing. Initially the addresses of the parties will be as
follows: (i) If to PropertyBureau: PropertyBureau, Attn: Tom Lane, President, 3551 Camino Mira Costa, Suite C, San
Clemente California 92672: and (ii) If to Owner. At the address stated below Owner's Signature block on the first page
of this Agreement. The parties may, from time to time and at any time, change their respective addresses and each will.
have the right to specify as its address any other address by at least ten days' written notice to the other party. .
15. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be
effective and valid under applicable law, butif any provision ofthis Agreement is held to be prohibited by or invalid under
applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
16. Complete Agreement This Agreement and any related documents delivered concurrently herewith, contain the
complete agreement between the parties relating to the subject of this Agreement and supersede any prior
understandings, agreements or representations by or between the parties, written or oral, which may be related to the
subject matter hereof in any way.
17. Attorneys' Fees and legal Expenses. If any proceeding or action is brought to recover any amount under this
Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of
this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs,
reasonable attorneys' fees, the amount of which will be fIXed by the court, and will be made a part of any judgment
rendered.
18. Further Assurances. PropertyBureau and Owner will each sign such other documents and take such actions as
the other may reasonably request in order to effect the relationships, services and activities contemplated by this
Agreement and to account for and document those activities. .
19. Governing law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govem
all questions concerning the construction, validity and interpretation of this Agreement and the performance of the
obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and
county in which the Owner is located, and the parties waive any right to object to the venue.
20. Relationship of the Parties: The relationship created hereunder between Owner and PropertyBureau will be solely
that of ~ndependent contractors entering into an agreement. No representations or assertions will be made or actions
taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship
between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this
Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or
commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person
or entity. Whenever PropertyBureau is given discretion in this Agreement, PropertyBureau may exercise that discretion
solely in any manner PropertyBureau deems appropriate.
21. Force Majeure. Neither party will be liable for any failure of or delay in the performance of this Agreement for the
period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause
beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will
not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of
any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The
existence of any Force Majeure will not extend the term of this Agreement.
22. Counterparts. This Agreement may be signed in any number of counterparts.
Rev 6/12102
b-l
Page 4 014
Addendum to Property Disposition Services Agreement
This addendum is attached to and made part of the Federal Way Department of Public Safety
Property Disposition Services Agreement dated (the "Agreement").
The Agreement is modified as follows:
//
Date
for "Owner"
Date
for Property Bureau
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City of Federal Way
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC
SAFETY
Date:
February 25, 2004
To:
Parks, Recreation, Human Services & Public Safety Council Committee
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/ ,.,,(.~<
""-Y C '-
Subject:
Anne E. Kirkpatrick, Chief of Police
David ~anag.r
City of Auburn Jail Interlocal Agreement
From:
Via:
BACKGROUND: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080,
the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal
Agreement with the City of Auburn for a cooperative effort to provide Federal Way Department of
Public Safety with cost-effective housing of inmates in the Auburn Jail.
The purpose ofthis Agreement is to set forth the terms and conditions by which the City of Auburn will
provide the Federal Way Department of Public Safety a place of confinement for the incarceration of
Federal Way inmates. Auburn will accept and keep inmates at the request of Federal Way Department of
Public Safety, unless in the sole discretion ofthe City of Auburn, its inmate population is at capacity or
so near capacity that there is a risk that the reasonable operational capacity limits of the Detention
Facility might be reached or exceeded if the City of Auburn does not begin to refuse or request removal
of inmates. The Federal Way Department of Public Safety will only submit pre-sentence or sentenced
misdemeanor inmates for confinement under the agreement that may be legally confined for 24 hours per
day. The terms set forth will begin April 2004 (specific date yet to be determined) and continue through
December 31,2004 unless terminated earlier by written notice from either party delivered by regular mail
to the contact person at address set forth herin (section 21 of Agreement).
The Department continues to explore proactive strategies to reduce jail costs. The benefits
realized by this new venture would afford the City of Federal Way an opportunity to build a
favorable relationship between the Department of Public Safety and the Auburn Detention
Facility and allow the Department to accomplish one of its objectives to reduce jail costs.
Auburn agrees to accept compensation in the amount equal to the amount charged as a bed
maintenance fee by Yakima County (Yakima County daily fee less the medical fee) to house
Federal Way inmates for every 24-hour period, or portion thereof, that said inmate is in the
custody of Auburn. For 2004, the daily fee shall be $56.23.
Attached is the draft for an Interlocal Agreement between the City of Federal Way and the City
of Auburn.
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i:\agenda bills\2003 parks committee agenda dates\2004 -prhs&ps auburn jail memo.doc t= -,
COMMI'ITEE ACTION: MOTION TO APPROVE AND ACCEPT THIS REQUEST FOR AN INTERLOCAL
AGREEMENT BETWEEN CITY OF FEDERAL WAY AND CITY OF AUBURN FOR HOUSING OF INMATES
(JAIL SERVICES), AND FORWARD TO FULL COUNCIL FOR CONSIDERATION AT ITS APRIL 6, 2004
MEETING.
APPROVAL BY COMMITTEE:
Committee Chair
. Committee Member
Committee. Member
Ë-L.-
i:\agenda bills\2003 parks committee agend~ dates\2004 -prhs&ps auburn jail memo.doc
INTERLOCAL AGREEMENT
FOR CUSTODY OF MISDEMEANOR INMATES
This interlocal agreement ("AGREEMENT") is between the City of Auburn ("Auburn"), a
municipal corporation of the State of Washington and the City of Federal Way ("Federal
Way"), a municipal corporation of the State of Washington.
WHEREAS, Auburn maintains a municipal detention facility pursuant to RC.W.
70.48; and
WHEREAS, Fed,eral Way does not maintain a municipal detention facility; and
WHEREAS, Federal Way wishes to designate Auburn's Detention Facility as a
place of confinement for the incarceration of one or more inmates lawfully committed to
the City of Federal Way's custody; and
WHEREAS, the City of Auburn is amenable to accepting and keeping inmates
received from the City of Federal Way into Auburn's custody at its detention facility for a
rate of compensation mutually agreed to herein; and .
WHEREAS, RCW 39.34.080 (lnterlocal Cooperation Act) and other Washington
law, as amended, authorizes any city to contract with another city to perform any'
governmental service, activity or undertaking which each contracting jurisdiction is
authorized by law to perform.
NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation
Act,Chapter 39.34 RCW, in consideration of the foregoing recitals, the payments to be
made, and the mutual promises and covenants herein contained, Auburn and Federal
Way hereby agree as follows:
1. DEFINITIONS:
(a). Booking: The process of registering, screening and examining inmates for
confinement in the facility; inventorying and safekeeping inmates' personal property;
maintaining all computerized records of arrest; performing warrant checks; and all other
activities associated with processing an inmate.
(b). Care: The custody, care, and treatment, including basic, emergency essential
and/or major medical and dental care, food, lodging and personal items, as further
described in Section 6 of this Agreement.
(c). Contract Agency: The City of Federal Way.
(d). Daily Fee: The fee charged for the daily care of Contract Agency inmates.
2. PURPOSE:
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It is the purpose of this Agreement to provide for the use by the Contract Agency of the
City of Auburn's detention facility and services located at 25 W. Main Street Auburn, WA
98001.
3. MAILING AND CONTACT ADDRESS:
All written notices, reports and correspondence required or allowed by this Agreement
shall be sent to the following:
City of Auburn:
Auburn Detention Facility
Attn.: Manager
101 N. Division Street
Auburn, Washington 98001
Facsimile: (253) 288-3161
Tel. No. (253) 931-3088
Contract Agency:
Greg Vause
Jail Coordinator
Federal Way Police Department
34008 9th Avenue South
Federal Way, WA 98063-9718
Facsimile: (253) 661-4581
Tel. No. (253) 661:1739
4. AVAilABILITY OF JAil FACILITIES:
Subject to the City of Auburn's rights with respect to certain inmates set forth in
Sections 8 and 9 herein, Auburn will accept and keep inmates at the request of the
Contact Agency, unless in the sole discretion of the City of Auburn, its inmate
population is at capacity or so near capacity that there is a risk that the reasonable
operational capacity limits.of the Detention Facility might be reached or exceeded if the
City of Auburn does not begin to refuse or request removal of inmates. The Contract
Agency will only submit pre-sentence or sentenced misdemeanor inmates for
confinement under this Agreement that may be legally confined for 24 hours per day. At
the time of delivery to the Auburn Detention Facility the contracting Agency shall deliver
to the facility the legal basis for the custody. This will include a list of charges against
the inmate, warrants, or court orders.
5. COMPENSATION FROM CONTRACT AGENCY:
(a) Daily Fee. In return for the City of Auburn housing of an inmate of the Contract
Agency, the Contract Agency shall pay Auburn an amount equal tothe amount charged
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as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical
fee) to house King County Suburban City inm<3¡tes for every 24-hour period, or portion
thereof, that said inmate is in the custody of Auburn. Such time period shall be
measured from the time said inmate is transferred to the custody of the City of Auburn
and ends when tt'!e Contract Agency resumes custody, either directly or through transfer
to another agency. For 2004 the daily fee shall be $56.23.
(b) Other Costs. The Contract Agency shall also pay such other costs to the City of
Auburn or third parties as set forth herein, including but not limited to any medical costs
required by Section 6.
(c) Billinq. The City of Auburn will bill the Contracting Agency on the 15th day of each
month for all amounts due to Auburn under this Agreement for the services rendered in
the prior calendar month. Payment shall be due from the Contract Agency 30 days from
the billing date. Account balances overdue 30 days or more will be subject to a service
charge of 1% per month (12% per annum). Should it become necessary, the Contract
Agency will pay all collection costs associated with late payments.
(d) BookinQ Fee. The City of Auburn shall not collect a booking fee from the Contract
Agency, however, a booking fee of $40.00 as permitted by RCW 70.48.390 shall
collected by the City of Auburn from Contract Agency inmates. This booking fee will be
equal to any booking fee collected from Auburn's inmates.
6. MEDICAL COSTS AND TREATMENT:
(a) Services Provided. Upon transfer of custody to the City of Auburn, Auburn will
provide or arrange for the Contract Agency's inmates ,to receive such medical,
psychiatric and dental services as may be necessary to safeguard their health while
confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or
hereinafter amended, and the policies and rules of the Auburn Detention Facility.
(b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all
medication prescribed for one of its inmates. The Contract Agency shall also be
responsIble for all costs associated with the delivery of medical, psychiatric and dental
services provided to an inmate that are not available from the health care program
within the Auburn Detention Facility and for all emergency medical services, wherever
provided. These costs shall þe paid directly to the provider or as a reimbursement to
the City of Au~urn, as directed by the City of Auburn. Contract Agency inmates will be
charged a $5.00 Health Service Fee when they request health care services (Le. sick
call) available within the Auburn Detention Facility.
(c) Notice. Except in case of situations deemed an emergency by the City of Auburn,
Auburn shall notify the Contract Agency's contact person by phone. In the case where
the Contract Agency's contact person is not immediately located they will be notified in
writing, bye-mail, mail or facsimile, prior to \transfer of a Contract Agency's inmate to a
medical, dental or psychiatric provider outside of the Auburn Detention Facility or to a
hospital for medical, psychiatric or dental services.
3
{3-5
(d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received
or refused any medical, psychiatric or dental treatment from the Contract Agency before
confinement in the Auburn Detention Facility, the Contract Agency shall provide to the
City of Auburn all written verification of any authorization of or refusal to authorize care
or treatment for such inmate(s).
(e) Return for Medical Services. Nothing herein shall preclude the Contract Agency
from retaking custody of an ill or injured inmate by picking such inmate up for transfer at
the Auburn Detention Facility; provided, in situations Auburn deems that an inmate
requires emergency medical care, Auburn shall have the right to arrange for emergency
medical services (at the Contract Agency's expense) notwithstanding a request from the
Contract Agency to retake custody of the inmate.
(f) Records. The City of Auburn shall keep records of all medical, psychiatric or dental
services it provides to an inmate. Upon resumption of custody by the Contract Agency
and in accordance with WAC 289-20-250, the Contract Agency shall receive a copy or
summary of the medical, psychiatric or dental records held by the City of Auburn for an
inmate of the Contract Agency. The City shall have the' right to review the files at its
request. Any medical or dental services of major consequence shall be reported to the
City as soon as time permits. .
7. TRANSPORTATION OF CONTRACT PRISONERS:
(a) Contract AQency Transport. It is the Contract Agency's responsibility to transport its
inmates to and from the Auburn Detention FacilUy. In the event either party requests
that custody of an inmate be transferred back to the Contract Agency, in accordance
with any such right set forth in this Agreement, the Contract Agency shall transport such
inmate. The Contract Agency will verify by telephone that space is available in the
Auburn Detention Facility prior to transporting an inmate to the facility. The Contract
Agency shall cause written notice of any expected transport by the Contract Agency of
their inmates frQm the Auburn Detention Facility to be received by the Auburn Detention
Facility at least 24 hours before the time of such transport, except for the inmates' initial
court appearances which may be scheduled at the time of booking into the Auburn
Detention Facility. It is the Contract Agency's responsibility to transport their inmates for
non-emergency medical, psychiatric and dental services provided outside of the Auburn
Detention Facility:
(b) Additional Transport Coordination Without Costs. The City of Auburn agrees to
coordinate transport of Contract Agency inmates to the Yakima County Department of
Corrections, at no additional charge, when the Contracting Agency requests such
transport. If the Contracting Agency has an existing contract to house inmates in
Yakima County, the City of Auburn will identify these inmates as those of the
Contracting .Agency to Yakima County and will stop charging the Contracting Agency for
housing these inmates at the time they .are released to the County of Yakima. If the
Contracting Agency does not have an existing contract with Yakima County or does not.
have available beds within the scope of the Interlocal Agreement between the King
County Suburban Cities, the Contracting Agency may request to utilize one of the beds
designated to the City of Auburn, if such space is available, as determined solely by the
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City of Auburn. In this case the Contract Agency will be billed at the same rate that
Auburn is billed for these beds. The date of transfer of Contract Agency inmates to
Yakima is at the sole discretion of the City of Auburn.
8. TRANSFER OF CUSTODY:
(a) Commencement of Custody by City of Auburn. The Contract Agency' inmates shall
be deemed transferred to the custody of the City of Auburn when corrections officers
from the Auburn Police Department take physical control of an inmate. The City of
Auburn will not take such control of an inmate until the Contract Agency has delivered
copies of all inmate records pertaining to the inmate's incarceration by the Contract
Agency or its agent and the booking process is completed. If additional information is
requested by the City of Auburn regarding a particular inmate, the parties shall mutually
cooperate to obtain such information. In the absence of documentation and information
satisfactory to the City of Auburn, the receiving officer may refuse to accept the Contract
Agency's inmate for confinement. The City of Auburn shall not be required to take
custody of or assume control of or responsibility for any property of the inmate, except
for such property that the City of Auburn allows for its own inmates. The Contract
Agency's officers delivering an inmate to the Auburn Detention Facility shall be
responsible for ensuring that all paperwork is in order and that all property allowed to be
booked with the inmate is properly packaged. At such time, and only at such time, as
all paperwork and property are in order will the City of Auburn take physical control of
and assume custody of and responsibility for the Contract Agency's inmate to be
confined.
(b) Further Transfer of Custody. Except as otherwise allowed by SectiOn 10 of this
Agreement, the City of Auburn will not transfer custody of any inmate confined pursuant
to this Agreement to any agency other than to the Contract Agency without the written
authorization from the Contract Agency and a court of competent jurisdiction.
(c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the City
of Auburn, it shall be Auburn's responsibility to confine the inmate; t9 supervise,
discipline and control said inmate; and, if applicable to administer the inmate's sentence
pursuant to the order of the committing court in the State of Washington. During such
confinement, the City of Auburn shall provide and furnish or arrange for all necessary
medical and hospital services and supplies in accordance with Section 6 of this
Agreement.
(d) Resumption of Custody by Contract Aqency. The Contract Agency shall be deemed
to have resumed custody of an inmate it transferred to the City of Auburn upon either
the Contract Agency's officers taking physical control of an inmate at the Auburn
Detention Facility or the inmate being released to the custody of Yakima County if such
transfer is approved by the Contract Agency,
9. RIGHT TO REFUSE/RETURN AN INMATE: The City of Auburn shall have
the right to refuse to accept or to return any of the Contract Agency's inmates under any
one of the following circumstances:
5
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(a) PendinQ Medical Needs. The City of Auburn shall have the right to refuse to accept
any Contract Agency inmate who, at the time of presentation for booking at the Auburn
Detention Facility for confinement, appears in need of medical, psychiatric or dental
attention, until the Contract Agency has provided medical, psychiatric or dental
treatment to the inmate to the satisfaction ofthe City of Auburn.
b) Problematic Physical History or Behavior and New Medical Conditions. The City of
Auburn shall have the right to refuse to accept or to return any Contract Agency's
inmate that, in the sole judgment of the City of Auburn, has a history of serious medical
problems, presents a risk of escape, presents a risk of injury to other persons or
property, or develops an illness or injury that may adversely affect or interfere with the
operations of the Auburn Detention Facility. Any special transport costs, medical or
otherwise, incurred in the return of Contract Agency's inmate under this subsection will
be the responsibility of the Contract Agency.
10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's
inmates may be removed from the Auburn Detention Facility for the following reason(s):
(a) Request by Contract AQency. Upon written request of the Contract Agency for
transfer of custody back to the Contract Agency. In such case, the inmate will be
transported by the Contract Agency pursuant to Section 7.above.
(b) Court Order. By order of a court having jurisdiction over a Contract Agency's
inmate. In such case, transport will be according to the terms expressed in the court
order or by the Contract Agency pursuant to Section 7 above.
.
(c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not
available within the Auburn Detention Facility.
(d) Catastrophe. In the event of any catastrophic condition presenting, in the sole
discretion of the City of Auburn, an eminent danger to the safety of the inmate(s) or
personnel of Auburn. In such case, the City of Auburn will inform the Contract Agency,
at the earliest practicable time, of the whereabouts of the inmate(s) so removed and
shall exercise all reasonable care for the safekeeping and custody of such inmate(s).
11. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF
AGREEMENT:
(a) Termination by The City of Auburn: In the event of a notice of termination from the
City of Auburn in accordance with Section 21 below, it shall be the Contract Agency's
obligation to pick up and transport those inmates to the Contract Agency or other
location as determined by the Contract Agency at no expense to the City of Auburn.
Such transports shall be made as if the Agreement were expiring and in accordance
with the terms of Section 9 above.
(b) Termination by Contract AQency. In the event of a notice of termination from the
Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's
6
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obligation to transport the Contract Agency's inmates at its own expense, on or before
the effective date of such termination. Until such removal, the Contract Agency shall
pay the compensation and costs set forth herein related to the housing of such
inmate(s). With respect to, any inmate(s) not removed in accordance with this Section
11, the Contract Agency shall pay the base rate set forth in SectiOn 5(a) above plus an
additional Five Dollars ($5) per inmate for every 24 hour period or part thereof that said
inmate(s) remains in the Auburn Detention Facility; and the City of Auburn shall retain
all rights hereunder, notwithstanding such termina'ion, until all of the Contract Agency's
inmates are removed from the Auburn Detention Facility.
12. INMATE RIGHTS, ACCOUNTS AND PROGRAMS:
(a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if
any, for early release credits shall allow no more credit for its inmates than is allowed by
the City of Auburn under its policies. The Contract Agency's inmates confined under
this' Agreement shall earn early release credits under the policies and rules prescribed
by the City of Auburn and state law for all inmates at the Auburn Detention Facility.
With respect to the ContradlAgency's inmates, the City of Auburn shall maintain and.
manage disciplinary issues and will administer sanctions, including removal of earned
early release credit, as per facility rules. No discipline prohibited by federal or state law
will be permitted. The disciplinary policies and rules of the Auburn Detention Facility
apply equally to inmates confined pursuant to this Agreement and to those otherwise
confined. .
(b) Inmate Accounts. The City of Auburn shall establish and maintain an account for
each inmate received from the Contract Agency and shall credit to such account all
money received from an inmate or from the Contract Agency on behalf of an inmate at
the time of booking. Any booking fee permitted by Section 5 (d) will be subtracted from
the inmate's account at the time of booking. At termination or expiration of this
Agreement or an inmate's return to the Contract Agency the City of Auburn shall
disburse the amount of each inmate's account to the inmates. In the event of death or
escape of an inmate, the City of Auburn shall submit a check to the Contract Agency in
the name of each inmate eligible for reimbursement in order to transfer an inmate's
money to an inmate account administered by the Contract Agency.
(c) Proqrams. The City of Auburn shall provide the Contract Agency's inmates with
access to all religious, recreational and social service programs offered at the Auburn
Detention Facility under the terms and conditions applicable to all other inmates at the
facility .
(d) Inability to Serve Time Outside of Facility. In accordance with Section 40f this
Agreement, the Contract Agency's inmates will not be allowed to leave the facility for
participation in correctional work crews, work release programs, home monitoring or any
other program in which other inmates sometimes are allowed to leave the physical
confines of the facility as part of serving their sentence unless approval for participation
is provided as part of the sentencing order and approved in writing by the Contract
Agency.
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13. ACCESS TO FACILITY AND PRISONERS:
(a) Access to Facility. Contract Agency shall have the right to inspect, at mutually
agreeable times, the Auburn Detention Facility in order to confirm such facility maintains
~tandards acceptable to the Contract Agency and that its inmates are treated
appropriately. The City of Auburn agrees to manage, maintain and operate its facilities
consistent with all applicable federal, state and local laws.
(b) Access to Inmates. Contract Agency personnel shall have the right to interview
inmates from the Contract Agency at any reasonable time within the detention facility.
Contract Agency offièers shall be afforded equal priority for use of detention facility
interview rooms with other departments, including the Auburn Police Department.
14. ESCAPES AND DEATHS:
(a) Escapes. In the event of an escape by a Contract Agency's inmate from the Auburn
Detention Facility, the Contract Agency will be notified in writing as soon as practical.
The City of Auburn will have the primary authority to direct the investigation and to
pursue the prisoner within its jurisdiction. Any costs !related to the investigation and
pursuit within its jurisdiction will be th~ responsibility of the City of Auburn. The Çity of
Auburn wiU not be required to pursue and return" the Contract Agency's escaped
inmates from outside of the City of Auburn. .
(b) Deaths.
(1 )
(2)
In the event of a death of a Contract Agency inmate in the Auburn
Detention Facility, the Contract Agency shall be promptly notified in
writing. The Auburn Police Department or another agency as designated
by the Auburn Police Department will investigate the circumstances. The
Contract Agency may, if it wishes, join in the investigation and receive
copies of all records and documents in connection with the investigati~n.
The City of Aúburn shall, subject to the authority of the King County
Medical Examiner, follow the written instructions of the Contract Agency
regarding the disposition of the body. Such written instructions shall be
provided within three working days of receipt by the Contract Agency of
notice of such death. All expenses related to necessary preparation of the
body and transport charges shall be the responsibility of the Contract
Agency. This paragraph deals with relations between the parties to this
Agreement and shall not affect the liability of any relative or other person
for the disposition of the deceased or any expenses connected therewith.
15. POSTING OF BAIL: The City of Auburn shall serve as agent for the
Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract
Agency's inmate with the City of Auburn, and any such bonds or monies will be promptly
forwarded to the Contract Agency.
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16. RECORD KEEPING: The City of Auburn agrees to maintain a system of
record keeping relative to the booking and confinement of each of the Contract
Agency's inmates consistent with the record keeping by the City of Auburn for all other
inmates. The City of Auburn shall make copies of said records available to the Contract
Agency upon its request.
17. INDEMNIFICATION AND INSURANCE:
(a) Indemnification of Contract Aoency. The City of Auburn shall indemnify and hold
harmless the Contract Agency, its officers, agents and employees, from and against any
claim, damages, losses and expenses, including but not limited to reasonable attorney's
fees, arising from the City of Auburn's performance under this Agreement except for
injuries and damages caused by the sole negligence of the Contract Agency.
(b) Indemnification of City of Auburn. The Contract Agency shall indemnify and hold
harmless the City of Auburn, its officers, agents and employees/from and against any
claim, damages, losses and expenses, including but not limited to reasonable attorney's
fees, arising from the Contract Agency's performance under this Agreement except for
injuries and damages caused by the sole negligence of the City of Auburn.
(c) To the extent the claim, damages, losses and expenses are caused by intentional
acts of or by the concurrent negligence of the parties their officers, agents, or
employees, the indemnification obligations hereunder shall be limited to the
proportionate share of liability as agreed to by the parties to this Agreement or
determined by a court of competent jurisdiction.
(d) Insurance Requirement. Each party shall obtain and maintain liability coverage. in
minimum liability limits of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) in the aggregate for its conduct creating liability exposures
related to confinement of inmates, including general liability, errors and omissions, auto
liability and police professional liability. The insurance policy(ies) shall provide
coverage for those events that occur during the term of the policy, despite when the
claim is made.
(e) Certificate of Insurance. Each party to this Agreement agrees to provide the other
with evidence of insurance coverage in the form of a certificate from a solvent insurance
provider confirming coverage from a solvent insurance pool which is sufficient to
address the insurance obligations set forth above.
(f) The provisions of this Section 17 shall survive the expiration or termination of this
Agreement.
. 18. NON-DISCRIMINATION POLICY: The City of Auburn and the Contract
Agency agree not to discriminate in the performance of this Agreement because of race,
color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era
veteran status, or the presence of any physical, mental, or sensory handicap.
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19. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is
executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal
Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Auburn Police
Department shall be responsible for administering the confinement. of inmates
hereunder. No real or personal property will be jointly acquired by the parties under this
Agreement. All property owned by each of the parties shall remain its sole property to
hold and dispose of in its sole discretion.
20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be
effective unless made in writing by an authorized representative of the party to be
bound thereby. Failure to insist upon full performance on any occasion shall not
constitute consent to or waiver of any continuation of nonperformance or any later
nonperformance; nor does payment of a billing or continued performance after notice of
a deficiency in performance constitute an acquiescence thereto.
21. TERMINATION: This Agreement may be terminated prior to expiration by
written notice from either party delivered by regular mail to the contact person at
address set forth herein. Termination by said notice shall become effective ninety (90)
days after receipt of such notice. The notice shall set forth the reason the party wishes
to terminate the Agreement and the specific plan for accommodating the affected
inmates, if any.
22. NON-APPROPRIATION OF FUNDS. If sufficient funds are not appropriated
or allocated for payment under this Agreement for any future fiscal period, the City will
not be obligated to make payments for Services or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Services for which funds are allocated. No penalty or expense shall accrue
to the City in the event this provision applies.
23. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree
that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that
of their own free will they hereby expressly waive any and all rights under RCW
39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of
compensation for incarceration services charged under this Agreement, or any renewal
thereof, that either party may posses. The parties further agree that such level of
. compensation and all other issues related to the purpose of this Agreement will only be
as agreed to herein or as otherwise agreed to in a writing executed by the parties.
24. DURATION: This Agreement shall be effective upon execution by both
parties and shall continue through December 31, 2004, unless terminated earlier under
the terms set forth in Section 21 above. This Agreement may be renewed for
successive periods of one year by written addendum executed by all parties hereto
under such terms as the parties agree in writing. Nothing in this Agreement shall be
construed to make it necessary for the Contracting Agency to continuously house
inmates with the City of Auburn.
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25. GOVERNING lAW: The parties hereto agree that, except where expressly
otherwise provided, the laws and administrative rules and regulations of the State of
Washington shall govern in any matter relating to this Agreement and an inmate's
confinement under this Agreement.
26. MISCEllANEOUS: In providing these services to the Contract Agency, the
City of Auburn is an independent contractor and neither its officers, agents, or
employees are employees of the Contract Agency for any purpose including
responsibility for any federal or state tax, industrial insurance or Social Security liability.
No provision of services under this Agreement shall give rise to any claim of career
service or civil service right, which may accrue to an employee of the Contract Agency
under any applicable law, rule, or regulation.
Date:
Attest:
David Moseley,
Federal Way City Manager
Chris Green,
Federal Way City Clerk
Approved as to legal form:
Patricia Richardson,
City Attorney
Date:
Attest:
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Peter Lewis, City of Auburn Mayor
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Oani Oaskam,
City Clerk
Approved as to legal form:
Daniel B. Heid,
City Attorney, Auburn