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PRHSPSC PKT 05-10-2004 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, May 10 5:00 p.m. City Hall Mt. Baker Conference Room 1. 2. CALL TO ORDER PUBLIC FORUM COMMISSION COMMENTS Allen-Mpyisi Faber Faber Faber Kirkpatrick Kirkpatrick Reuter Reuter Sanders Sanders Sanders Schroder Schroder 3. 4. APPROVAL OF APRIL 12, 2004 SUMMARY COMMITTEE BUSINESS 5. A. Funding Allocations of Human Services one-time Allocation Action And 2003-2004 General Fund Balance B. Community Center 2% for Art-Exterior and Interior Artist Presentation: Estimated time 20 minutes with slides C. Kenneth Jones Pool Marketing D. Red White and Blues Festival E. 2004 Bulletproof Vest Partnership Grant F. Addendum One to the Valley Special Response Team Interlocal Cooperative Agreement between the cities of Auburn Federal Way, Kent, Renton, Tukwila & Port of Seattle Action G. Kikaha 0' Ke Kai Outrigger Canoe Club MOU Action H. 2004 Interlocal Agreement Waterfowl Management Program Action I. Thompson Property Neighborhood Park Approve 85% Design Action 1. Armstrong Property Neighborhood Park Approve 85% Design Action K. Community Center 30% Design Status Report Action L. Amendment to the Conservation Futures Intergovernmental Action Cooperation Agreement Between King County and the City Of Federal Way for Open Space Acquisition Projects M. Intergovernmental Land Transfer Agreement Between King Action County and the City of Federal Way - Hylebos Acquisition Program. Action Update Update Information 6. PENDING ITEMS . Community Center . Hylebos State Park Transfer . Elected vs. Appointed Municipal Judge 7. 8. NEXT MEETING - June 14,2004 ADJ OURNMENT 2004 Committee Members: Jeanne Burbidge, Chair Jack Dovey Jim Ferre]] Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant 66]-404 ] City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, April 12, 2004 5:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell Council member Linda Kochmar; David Moseley, City Manager, Karen Jorgenson, Assistant City Attorney, Derek Matheson, Assistant City Manager, Angelina Anen-Mpyisi, Human Services Manager, Jennifer Schroder, Director, Parks, Recreation & Cultural Services, Mary Faber, Recreation and Cultural Services Superintendent, Mary Jaenicke, Administrative Assistant. Excused: Jack Dovey Guests: Donna Welch, Arts Commission, Iris Marshall, Arts Commission, George Pfeiffer, Parks Commission, Renee Tanner, 4 Culture, Norie Sato, Artist. Chair Burbidge called the meeting to order at 5:02p.m. PUBLIC FORUM None COMMISSION COMMENT None APPROVAL OF SUMMARY Council members Ferrell and Burbidge motioned to accept the March meeting minutes as written. Motion passed. BUSINESS ITEMS City Hall 2% for Art Proposal Artist Norie Sato presented the conceptual design for the 2% for Art at the New City Han Building. Ms. Sato stated that the artwork was inspired by Federal Way's history, the diversity of its people, the relationship with nature. Ms. Sato wanted to create something that is a reflection on Federal Ways past, present and future. The artwork is designed for the entrance to City Hall, the vestibule and stairway. It will be visible horn many different vantage points. The artwork consists of several elements. Some of those elements are I) three different types of tree trunks, 2) stainless rods 3) alabaster. The Council Committee stated they were very happy with the design. It is a good utilization of the space and Ms. Sato did a good job of incorporating the elements of Federal Way and the ideas from staff, Council and Arts Commission. Ms. Sato is requesting input on specific trees for the tree trunks. Ms. Sato win return to Council Committee with the final design and cost. Ferrell moved to recommend to Council a "do pass" to approve the conceptual design of the City Hall 2% for Art Proposal and 'authorize Norie Sato to begin fabrication and place before the full City Council on April 20, 2004. Burbidge seconded. Motion passed. ReQuestinl? release of Human Services One-time allocation of $58, 134. Ms. Allen-Mpyisi reported that in November of2002 the City Council set aside money in the City Managers contingency budget for one-time human services projects or uses. This was subject to two conditions: I) Ensuring that the gaps and overlaps in the system could be examined 2) Ensure that the funding distributed is meeting the needs and priorities of the Federal Way residents. Staff has used various approaches to monitor and evaluate the performance of the human services agencies. The performance of the agencies is monitored through the use of Outcome based evaluations. The evaluation is based on three specific areas. I) Are the human service agencies meeting or exceeding their goals in the number of Federal Way residents being served? 2) Ensure that lives of individuals and families, are being changed as a result of the Human Services funding and the program that the agency is providing 3) The agency maintains compliance with City contract requirements and continues to have the organizational capacity to manage its program effectively. There are also various activities that Human Services has been involved in. The highlights are the Human Services brown bag lunch, Human Services Forum, and the consolidated plan. Internally they are ensuring that funding is anocated appropriately, and that it is being utilized correctly. Funding guidelines have been developed, performance measurements have been established, and a joint application that can be utilized by an of the cities has been developed. Ms. Allen-Mpyisi feels that the requirements PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday April 12, 2004 Summary Page 2 have been fulfilled. Allen-Mpyisi stated that in addition to the $58,134 there is another $15,000 available. That money comes from the 2004 contract with Auburn Youth Resources that was terminated, and in addition to that there is $1,215.00, which is the balance fÌ'om the Auburn Youth Resources contract of2003 and a small amount of money left from Catholic Community Services. The Auburn Youth Resources contract was terminated because they were not meeting their performance measures. With the termination of their contract there is approximately $75,000.00 set aside for human service agencies this year. Ferrell moved to recommend to Council to authorize the release of the $58,134 one-time Human Services allocation from the City Manager's contingency budget and place before the full City Council on the April 20, 2004 consent agenda. Burbidge seconded. Motion Passed. Park Impact Fee Workshop - May 25 Park Impact Fee is Included in the Parks and Recreation Commissions 2004 work plan. This has been discussed for the past few years. Randy Young of Henderson, Young and Company has been hired to conduct the workshop. Schroder requested that Young take a brief look at the City's potential for a park impact fee. Is there enough buildable land to consider a park impact fee? Mr. Young determined that there would be a reasonable recovery of fees. A workshop has been scheduled for May 25. The Parks Commission would like the workshop to include Council members, and representation from the Chamber of Commerce and the Lodging Tax Advisory group. Council member Kochmar requested that developers in the community also be invited to attend this workshop. Schroder will follow-up on this. Resolution Establishinl? the Condition of Acceptance for Ownership of the West Hylebos State Park Ms. Schroder reported that in July 2003 the City of Federal Way sent the state a letter expressing their interest in assuming ownership of the West Hylebos State Park. A public meeting was held in February. Approximately 25 citizens attended, and they were all in support of the City assuming ownership. The Marcx family was in attendance, and expressed their support of the transfer. Schroder will present the resolution to the State Parks and Recreation Commission at their June 17,2004 meeting. Schroder stated that with the assistance of the Friends of the Hylebos the City will be able to handle the additional maintenance that will be required with this acquisition. Ferrell moved to recommend to Council a "do pass" to accept the resolution establishing the conditions of acceptance for the ownership of the West Hylebos State Park and to place this item on councils May 4 Council Agenda under consent. Burbidge seconded. Motion passed. PENDING ITEMS . Community Center: A study session with the Council has been scheduled for April 20. A presentation will be given to Council on the 30% design and construction estimates. NEXT MEETING May 10 2004, 5:00 p.m. in the Mt. Baker Conference Room ADJOURNMENT Meeting adjourned at 5:52p.m. S.A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: April 23, 2004 ~ Angelinaæll - isi, Human Services Manager David Mos t Manager Funding alloc tions of Human Services one-time allocation and 2003-2004 Ceneral Fund Balance Background At the Human Services Commission regular business meeting held on April 19, 2004, staff briefed the Commission that City Council, back in November 2002, set aside $58,134 in one- time funding to be used towards Human Services projects and uses, and proposed how these funds should be allocated. It is important to add, that in addition to the one-time Human Services award, which was approved by the full City Council on April 20th, staff reported that the 2003-2004 Human Services General Fund budget also has additional funding that can be added to the one- time funding award. With the termination of Auburn Youth Resources (AYR) contact in 2003, there was a balance of $1,250 remaining in last years contract, and $15,000, had been set aside for the agency in 2004. In addition, $665 was also available from the Catholic Community Services After-Hours Voucher program contract that was not used in 2003. Therefore, the total one-time funding available is: $58,134 $16,250 $ 665 $75,049 (One-time Human Services allocation) <Balance from AYR's 2003-2004 contract) (Balance from CCS's 2003 After-Hours Voucher contract) Total one-time funding available for 2004 Human Service Agencies to consider for funding Staff conducted a thorough analysis in determining which agencies should be the recipients of this one-time funding award. All the agencies receiving Human Services General Fund support have worthwhile programs that are having a positive impact on the lives of Federal Way residents and anyone of them could use this infusion of additional grant support. The agencies, that staff proposed be considered for funding, were selected because the demand for their particular services steadily increases and limited resources are available tò keep pace with the continued demand for on-going assistance. Staff also determined that a minimum number of agencies should be considered for this funding, primarily because small resource allocations minimizes the effective impact that a human service agency can achieve when providing necessary services to the Federal Way community. ~-\ Proposed Human Service one-time funding allocation April 23, 2004 Page 2 The four agencies selected for funding are: . The Multi-Service Center - Food Bank Program . Community Health Center of King County - Dental Services . Institute for Family Development - PACT Program . . Federal Way Youth and Family Services - Family support Program Attached is the April 15th Memo presented to the Human Services Commission that outlines the agencies programs and how well they performed in meeting their program objectives in 2003. proposed recommendation to the Human Services Commission Several options were proposed to the Human Services Commission at their Apríl19th meeting because two of the agencies being proposed for additional support, Institute for Family Development and Community Health Centers of south King county receive both General Fund and Community Development Block Grant (CDBG) funding. Please refer to the attached April 15th Memo. Staff was concerned this could become a supplanting issue. Staff consulted with King county and was informed, prior to the Commission meeting, that supplanting would not be an issue because the CDBG funding for both agencies was already determined prior to this funding becoming available. Since supplanting was no longer a concern, in awarding funding to these two agencies, staff recommended that the Human Services Commission consider option A. Option A proposed the following fund allocations be awarded to the four agencies in the following manner: Multi-Service Center - $35,000 Community Health Center of King County - $20,000 Institute for Family Development - $10,000 Federal Way Youth and Family Services - $10,049 Rather than have the Commission support a new Federal Way Youth and Family Services program, staff amended the recommendation proposing that the funds be used towards the agencies existing Family support program currently being funded with General Funds and operated out of the Laurelwood Gardens. The Human Services Commission approved staff's amended recommendation at their April 19th regular business meeting. Committee Recommendation Motion to recommend to Council to authorize the use of the one-time Human Services funding and 2003/2004 General Fund balance, totaling $75,049, be allocated to the Multi- Service Center, Community Health Center of King county, Institute for Family Development, and Federal Way Youth and Family Services in support of their 2004 programs: ~-L proposed Human Service one-time funding allocation April 23, 2004 Page 3 Multi-Service Center - Food Bank Program: $35,000 Community Health Center of King county - Dental Services Program: $20,000 Institute for Family Development - PACT Program: $10,000 Federal way Youth and Family Services - Family support Program (Laurelwood Gardens): $10,049 This motion will be placed before the full City Council on the May 18, 2004 consent agenda. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Mernber ~-s ~ CITY OF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: April 15, 2004 Human Services Commission ~ Angelina Allen-Mpyisi, Human Services Manager Consider funding allocations of Human Services one-time allocation and 2003/2004 General Fund Balance Background At the City Council's November 19, 2002 meeting, the 2003-2004 Council budget was approved with the contingency of adding $58,134 to the City Manager's contingency budget designated for Human Services. The funds are to be allocated for one-time Human Services (HS) projects or uses. The release of these funds were subject to the following conditions: . Determine that HS funding is used efficiently by examining the gaps and overlaps in the Human Service Programs delivery system to ensure a safety net for the community is provided; and That HS funding allocation priorities and processes ensure the needs of Federal Way are served first and that best outcomes/results are achieved from the funds allocated. . On March 30, 2004 staff presented a Memo to the City Manager explaining how the Human Services Division has fulfilled the conditions for the one-time funding request. Staff has used various approaches to monitor and evaluate the performance and organizational capacity of the human service agencies. These methods include: conducting an outcome-based evaluation, hosting the Human Services Brown Bag and Human Services Forum, conducting the planning process for the Consolidated Plan, developing performance and funding guidelines for the human service agencies, and working in collaboration with the South King County cities to develop a "Common Funding Application" for the Human Services General Fund and the Community Development Block Grant (CDBG) Public Service dollars. The City Manager approved the request to proceed to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Council Committee. Staff gave a presentation to the Council Committee at their April 1 ih meeting. The committee approved the recommendation to release the Human Services one-time allocation and it goes before the full City Council at their April 20th meeting. . Human Services one-time allocation and 2003/2004 General Fund Balance As I stated earlier the Human Services Division will receive an additional $58,134 that can be allocated to the existing human service agencies. In addition, with the termination of the Auburn Youth Resources (A YR) contract from last year, the Human Services General Fund has an additional $1,250 (the balance remaining in AYR's 2003 contact), $15,000 (the amount set aside for AYR's in 2004) and $665 (the balance not used by Catholic Community Services for the After-Hours program). Therefore, the total available funding is: $58,134 $16,250 $ 665 $75,049 (One-time Human Services Allocation) (Balance from A YR's 2003-2004 contract) (Balance from CCS's 2003 After-Hours contract) Total one-time funding available ~-q Human Services One-Time Funding Allocation April 15, 2004 Page 2 It is important to point out that these additional resources must be used during the 2004 calendar year. Human service agencies to consider for funding When I was informed that the additional one-time Human Services funds were available, I began the internal process of determiníng which human service agencies should be considered for funding. All the agencies receiving Human Services General Fund support have worthwhile programs that are having a positive impact on the lives of Federal Way residents and anyone of them could use this infusion of additional human service dollars. The agencies, that staff proposes receive the additional grant support, were primarily selected because the demand for their services steadily increases and limited resources are available to keep pace with Federal Way's low- and moderate-income residents continued need for on-going assistance. Staff also made the determination that a minimum set of organizations should be considered primarily because small resource allocations minimizes the effective impact that a human service agency can achieve when providing necessary services to the Federal Way community. Therefore, four agencies were selected that I would like you to consider for funding: . The Multi-Service Center - Food Bank Program Community Health Center of King County - Dental Services Institute for Family Development - PACT Program Federal Way Youth and Family Services - Family Support Program (Advocacy Series) . . . Multi-Service Center - Food Bank Existing contract grant award: $31,000 (HS General Fund) The Multi-Service Center (MSC) has experienced a dwindling in the number of cash contributions donated to the agency, primarily because our economy remains stagnant. There is hesitancy on the part of people to give money if they are not sure the economy is starting to improve. Cash donations designated for the food bank have dropped to 65 percent of what they were at this time last year - from $59,000 in the first six months of the 2002-03 fiscal year to $26,000 in the comparable period in the current fiscal year.1 last year during the Christmas holiday season, MSC had to use cash reserves to ensure that Federal Way families had a good holiday meal. Normally MSC can successfully sustain the food bank through the holidays and have sufficient food supplies into March or April. However, over the past three months food donations are down to 6.4 percent. At most, the MSC has a two-month supply of food for the 4,000 plus people who need assistance each month.2 last year, under the City 2003/2004 contract, the MSC assisted 9,957 unduplicated Federal Way residents and distributed 1,212,393 of food. Community Health Center of King County - Dental Services Existing contract grant award: $15,900 (HS General Fund), $15,000 (CDBG Public Service Fund) A number of people are still without jobs and no longer have access to dental insurance. Dental clinics serving the poor have seen a dramatic increase in the number of uninsured patients. A string of five dental clinics serving low-income patients, counted 19,365 uninsured patients in 2002, a 23 percent increase from the previous year. That number dropped to about 18,000 in 2003, but it's still higher than in the past. 3 I Double whammy at food banks - Federal Way Mirror, March 13,2004. 2 Ibid. 3 Crowning blow: Economy bites deep into dental care - The Seattle Times, March 30, 2004. f\-5 Human Services One-Time Funding Allocation April 15,2004 Page 3 The Community Health Center of King County (CHCKC) has seen a 7% increase in the number of Federal Way dental clients served and a 20% increase in the number of dental visits provided to Federal Way clients compared to the first half of 2002. CHCKC has provided over $100,000 in uncompensated dental care to Federal Way clients in 2003. Last year, under the City 2003/2004 contract, the CHCKC served 1,485 unduplicated Federal Way residents and 3,530 dental visits occurred in Federal Way. Institute for Family Development - PACT Program Existing contract award: $3,000 (HS General Fund), $9,527 (CDBG Public Service)4 After seeking additional referrals from various schools, caseworkers, and child care providers, the Institute for Family Development has seen an increase in the number of Federal Way families needing services. The PACT program is successful because the agency can provide in-home family counseling, skill building and support services designed to work with multi-problem children and families who are falling through the cracks of the community service system in Federal Way and who are at risk of abuse, neglect, family conflict and violence, school problems, delinquency and other social and behavioral problems. Through the Human Services General Fund contract, the agency exceeded their 2003 goals, serving 7 families, and 59 hours of counseling hours have been provided. Their first quarter report for 2004 indicates the agency has already served 8 clients thereby exceeding their 2004 goals in the first quarter, and 34 hours of counseling hours have been provided. Through the CDBG program the agency reports, as of February 2004, 49 clients have been served and 273 hours of counseling hours have been provided. Federal Way Youth and Family Services - Family Support Program (Advocacy Series) Existing contract award: None Federal Way Youth and Family Services (FWY&FS) last year submitted an application for 2004 Community Development Block Grant (CDBG) Public Services funds to enable the agency to expand their family advocacy services to Russian/Ukrainian and Spanish speaking families here in Federal Way. In the CDBG contingency plan the Commission recommended $5,000 be awarded in support of the agencies program. However, because Congress reduced the CDBG Public Service Funds in 2004, there were not enough resources to fund the agency out of the contingency plan. FWY&FS program plays a significant role in empowering Russian/Ukrainian and Spanish speaking families. The program primarily targets these low-income immigrants who have few resources or are unaware that supportive services exist in their communities. The families being served through the program are single parents, grandparent primary caregivers, foster and adoptive parents, friend and neighbor caregivers and extended families. The need for culturally competent and accessible services to both Russian/Ukrainian and Hispanic families has grown in the past several years. The Federal Way Department of Social and Health Services. office reported that 25% of the families served are Russian/Ukrainian and the Federal Way School District statistics indicated that an average of 57% of Hispanic children qualified and accessed the Free and Reduced Lunch Program, of which, 15% were learning English as a second language. During the Human Services Forum held in February, a number of participants talked about one of the major priorities that needs to be addressed is the ability to provide advocacy services and other assistance for the Russian/Ukrainian and Spanish speaking community. The goals of the Family Advocacy Services are: [\-4 4 Funding was reduced because of the reduction in CDBG funds. The original funding allocation was $10,000. Human Services One-Time Funding Allocation April 15, 2004 Page 4 . To strengthen communities and empower families to help themselves. Build networks and linkages, decrease isolation, and advocate for services and systems that support a family's ability to be self-supportive and raise their children. Increase the ability of families to support and nurture their children. . . FWY&FS accomplishes these objectives through referrals to appropriate services, assistance in filling out applications for services, translation and interpretation assistance, improved parenting skills, and parent education and support. Proposed Staff Recommendations for Funding (based on priority order) Option A Staff proposes that the following fund allocations be awarded to the agencies: . Multi-Service Center - $35,000 Community Health Centers of South King County - $20,000 Institute for Family Development - $10,000 Federal Way Youth and Family Services - $10,049 . . . This proposed funding recommendation is subject to receiving final word from King County that there will not be any supplanting issues created next year for the Community Health Centers of South King County and the Institute for Family Development. Staff is working with King County to determine that these agencies can receive one-time funding this year, which will be used in 2004, and not put at risk their future chances of receiving CDBG funds in 2005. Both agencies are funded out of the Human Services General Fund and CDBG program. However, if King County determines that supplanting issues will occur Staff proposes the following recommendation: Option B That the following fund allocations be awarded to the agencies: . Multi-Service Center - $45,000 Federal Way Youth and Family Services - $30,049 . In this scenario, neither the Community Health Centers of South King County nor the Institute for Family Development will receive one-time funding. However, it does protect their ability to continue to receive funds from the CDBG program next year. . Option C Another option, that Staff proposes, which the Commission may want to consider is to provide the full one-time funding amount of $75,049 to the Multi Service Center. Option D If the Commission is not ready to make a recommendation, the Commission has the discretion to not approve Options A-C and can redirect staff to develop a new funding strategy for the one-time only funds. Should the Commission select this option, it will delay the approval and processing time of allocating these resources directly to the human service agencies and will minimize their ability to successfully spend the funding this year. . { f\-l Human Services One-Time Funding Allocation April 15, 2004 Page 5 Commission Recommendation Options 1. Motion to recommend approval of Option A's one-time funding plan. 2. Motion to recommend approval of Option 8's one-time funding plan. 3. Motion to recommend approval of Option C's one-time funding plan. 4. Motion to recommend approval of Option D. I recognize that I have provided you with a fair amount of information. If you have any questions prior to the meeting, I can be reached at (253) 661-4039 or at anqelina.allenmpvisi@.citvoffederalwaV.com. {\-í S.B CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: May 10, 2004 ~ PRHSPS Council Committee I Mary Faber, Reer tion and Cnltnral Services Sn ~endent David M el y anager Community nter 2%-For--Art Exterior and Interior Artist BACKGROUND On February 17th, Council approved the artist prospects for the 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. Council also approved an artist prospectus for the Exterior integrated artwork for a budget of $114,500. The Arts Commission convened a panel in April 2004 to review the artist submittals. The panel members were: VOTING PANEL: Jeanne Burbidge, Council Member and Chair of ParkslRecreation/Human Services & Public Safety Committee Ron Walker, Resident Toska Rodriguez, Resident Alea Mahone, Resident Bonnie Knight-Graves, Arts Commission Rich Murakami, Architect Community Center Design Team Dan Corson, Public Artist, Seattle, Washington Marcia Iwasaki, Public Art Manager, Seattle Arts and Cultural Affairs PANEL ADVISORS: Lori Devore, Arts Commission B Sanders, Park and Planning Development Coordinator Mary Faber, Community and Cultural Superintendent Artists were invited to apply through an open and competitive process. On Wednesday April 7, 2004, the selection panel reviewed slides ITom 25artists that filed applications for two artwork opportunities. The panel spent an eight hour session selecting three finalists for each opportunity on the basis of quality and strength of past work, ability to create artwork appropriate for a Community Center, their availability to begin work immediately and specific talents required for each artwork opportunity. The Interior artist will develop integrated artwork of their own for the $90,000 commission and identify additional opportunities for Artist Made Building Parts (AMBP) roster artists with an additional $30,000 budget. The Exterior artist must have experience with landscape, design team collaboration and include a water element into the exterior design. All six finalists attended a project orientation and tour of the future building site with staff. They received a set of plans, packet of background infonnation and were given the B-\ interview questions in advance. On Wednesday April 14, 2004, the panel reconvened to interview the finalists. Each artist had forty-five minutes to present his/her past work to the panel and answer questions. Exterior Finalists Robert and Scott Murase Bruce Myers Claudia Fitch Interior Finalists Pam Beyette Stuart Nakamura Laura Sindell Following the finalists' presentations, the panel debated the merits of each artist. They considered the best artist for each opportunity and the best combination of artists for the overall art program. It was a very close competition for each opportunity. The panel deliberated for more than 2 hours selecting Bruce Myers as the exterior artist with Claudia Fitch as the alternate and Laura Sindell as the interior artist with Pam Beyette as the alt~rnate. The panel was impressed with Myers approach and past work. They see evidence he will collaborate with the team to integrate interactive art and water features that create a connection to northwest character and contribute to the sense of arrival and belonging. The panel responded to Laura's understanding and thinking about the Community Center and the role it holds for a diverse community like Federal Way. They liked the color, quality of craftsmanship and thoughtful interpretation of place in her past work. They liked that she was open to using a variety of materials and eager to lead the way for other artists to integrate artworks. Arts Commission Recommendation The Arts Commission unanimously voted to accept the panels recommendations at the April 22, 2004 Arts Commission Meeting for the following items: 1. Approve the selection of Bruce Meyers as the Exterior Artist and Laura Sindell as the Interior Artist. 2. Approve the selection of Claudia Fitch as the Alternate Exterior Artist and Alternate Interior Artist should the artist-selected decline the artwork commIssIOn. ABOUT THE ARTISTS Exterior Artist: Bruce Myers is a local artist currently residing on Orcas Island. Bruce creates artwork using a wide range of materials including cast concrete, bronze, aluminum, glass, steel and resin castings. He has a Fine Arts degree from Minneapolis College of Art and Design, public art design team experience, and a strong construction background. He grew up and led river rafting excursions in Glacier National Park where his dad was a ranger. His artwork references northwest landscape and patterns found in nature. He recently completed "Sea Wall" an integrated artwork for Edmonds Mid-Waterfront Walkway. Other artwork integrated landscape projects include Brackett's Landing South and D"'~ North, Discovery Park Visitor Center and High Point Development project in West Seattle. Interior Artist: Laura Sindell is a local artist residing in Seattle. Laura has more than 20 years experience designing artwork for public places. She receivèd a Bachelor of Fine Arts degree from the Rhode Island School of Design, studied at San Francisco Art institute and the Interlochen Arts Academy, in Michigan. She has a background in dance and is trained as a classical harpist. Laura uses traditional materials in unexpected ways. Tile mosaics, marble, mother of pearl, glass, steel and even postage stamps may be utilized in her lively and thoughtful artworks. She has successfully completed integrated artworks for Skagit Valley, Green River and Everett Community Colleges. Her work can be found at Harborview Medical Center, The Pioneer Square Bus Tunnel entrance in downtown Seattle, and Mount Baker Park in Seattle. Committee Recommendation Motion to recommend a "do pass" to approve the following items and to place before City Council on the May 18, 2004 agenda for approval. 1. Approve the Art's Commission recommendation for the selection of Bruce Meyers as the Exterior Artist and Laura Sindell as the Interior Artist and place before City Council for authorization at the May 18, 2004 Council meeting. 2. Approve the Art's Commission recommendation for the selection of Claudia Fitch as the Alternate Exterior Artist and Laura Sindell as the Interior Artist should the artist selected decline the artwork commission and place before City Council for authorization at the May 18, 2004 Council meeting. 3. Authorize staff to enter into an agreement with Bruce Meyers for the design of an artwork/s for the Exterior Entrance/Water Element for a project budget of $114,500 and place before City Council for authorization at the May 18, 2004 Council meeting. 4. Authorize staff to enter into an agreement with Laura Sindell for the design of an artwork/s for the Interior Entrance/Community Wing for a project budget of $90,000 and develop the opportunities for Artist Made Building Parts for a project budget of $30,000 and place before City Council on May 18, 2004 for authorization. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member E-3 S.E FED ERAL WAY CITY CO UN CIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY DA TE: April 7, 2004 SUBJECT: Parks, Recreation, Human Services & Public Safety Council Committee .'1 . . .' ¿./ Anne Kirkpatrick, Chief of Police [I ~1 . David .M6š~nager Informational Only; 2004 Bulletproof Vest Partnership Grant TO: FROM: VIA: Information Only: Under the Bulletproof Vest Partnership (BVP) Grant Act of 1998 and Office of Justice Programs, the Department of Public Safety has received the following awards: 1999 $10,499.49 2000 $11,425.38 2001 $10,436.39 2002 $23,244.36 The purpose of the Bulletproof Vest Partnership Act is to provide funding for 50% of the cost of bulletproof vests. The Bulletproof Vest Partnership (BVP) Grant Act of 2000 will provide funding through 2004. Priority funding will be given to smaller jurisdictions with populations under 100,000. In 2003, all appropriated funds were awarded to smaller jurisdictions. In September 2003, Second Chance, our main supplier of body armor announced problems with its products containing Zylon fiber. This announcement came following two instances of injury (one fatal) to officers using Second Chance body armor products containing Zylon fiber. On November 18,2003, Attorney General John Ashcroft announced that the National Institute of Justice would immediately initiate examination of Zylon-based bullet-resistant vests (both new and used). At this time our department has applied for an award of $36,034.50 from the 2004 Bulletproof Vest Partnership Grant Program. If the Department of Public Safety receives approval from the Bulletproof Vest Partnership Grant Program, we will return for full Council approval. Our intent is to use this grant money to replace our Second Chance vests that may not provide adequate officer safety. Previous compliance will remain the same as required by OJP including the 50% local match. We have identified budget savings from 2003 for the local match and included it during the 2003 Carryforward process. b -\ 5.F City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 10, 2004 From: Parks, Recreation, Human Services & Public Safety Council Committee Anne E. Kirkpatrick, Chief of Police /)í-l~ Brian J. Wilson, De uty Chief of Police c¡ To: Via: David Mo Subject: I Addendum 0 e to the Valley Special Response Team Interlocal Cooperative Agreement between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, & Port of Seattle The City of Federal Way entered into an Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the creation of the Valley Special Response Team (SRT) on June 3, 2003. The objective of SRT is to provide enhanced use of personnel, equipment, budgeted funds, and training to provide a coordinated response to high-risk incidents. Addendum One to this agreement will establish a process to assist in processing and responding to claims and lawsuits in a manner that best meets the purposes and policies of the Interlocal Agreement. The Public Safety Department recommends approval of Addendum One to the Valley Special Response Team (SRT) Interlocal Cooperative Agreement between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, & Port of Seattle. Committee Recommendation: Authorize the City Manager to enter into Amendment One to the Valley Special Response Team (SRT) Interlocal Cooperative Agreement between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, & Port of Seattle. APPROVAL OF COMMITTEE REPORT: Committee Member Committee Member Committee Chair \=-\ +w ADDENDUM ONE TO THE VALLEY SPECIAL RESPONSE TEAM INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, & THE PORT OF SEATTLE THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends ~e\f'é~eli~ Response Team Interlocal Cooperative Agreement, which ""¡DO Gx~cuted on- Ò \ , 2003. ¿-.;oj ~O-\ e f+-ec-"hve WITNESSETH: WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle I entered into an interlocal cooperative agreement, in accordance with Chs. 10.93, 39.34, and 53.08 of the Revised Code of Washington in order to establish and maintain a multi- jurisdictional team to effectively respond to serious criminal occurrences as described within that agreement; and WHEREAS, this multi-jurisdictional team is known as the Valley Special Response Team ("SRT"); and WHEREAS, from time to time, claims and lawsuits are filed with and against the jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of SRT activities; and WHEREAS, it is acknowledged that claims and lawsuits may be filed against jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to coordinate a response to the claim or lawsuit; and WHEREAS, the jurisdictions participating in the SRT have elected to enter into this Addendum One in order to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the purposes and policies of the Interlocal Agreement; NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle agree as follows: . I. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities. The lead jurisdiction shall be the jurisdiction within which the SRT response occurred; PROVIDED, that in the event the jurisdiction within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated. In the ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 1 of 5 (March 17, 2004) F -'2-. , , B. c. event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of the Agreement and this Addendum, and shall use its best efforts to determine who is the appropriate lead jurisdiction. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim. The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that partiGipated in the SRT response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. Claims of $5,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. liability Determination - Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the SRT is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the SRT. In the event that the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 2 of 5 (March 17, 2004) \=-3 . ' of all jurisdictions participating in the SRT and each and every officer, agent, or volunteer of those participating jurisdictions. In the event that the lead jurisdiction determines that the SRT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the SRT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; provided, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. Hi. letter From Insurance Adjusters. In the event that a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over $5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the SRT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The SRT Board members and persons listed in Section IV of this Addendum shall be notified of the meeting. II. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event that a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of the SRT Agreement and S~tign l'tG'f this Addendum. B. III. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The SRT Board members and persons listed in Section Wof this Addendum shall be notified of the meeting. -r!C NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. In addition, the procedures set forth in this Addendum require notification to participating jurisdictions. Nothing in the Agreement or this Addendum shall be deemed a ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 3 of 5 (March 17, 2004) \=-~ . , waiver by any participating jurisdiction of the requirements set forth in Chapter 2.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 2.96 RCW. Moreover, nothing in the Agreement or this Addendum shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of the Agreement and the procedures set forth in this Addendum, the following persons from each jurisdiction shall receive any required notification or documentation: Auburn: Kent: Daniel B. Heid Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931-3030 dheid@ci.auburn.wa.us Arthur Pat Fitzpatrick Kent Deputy City Attorney 220 4th Avenue South Kent, W A 98032 (253) 856-5781 pfitzpatrick@ci.kent.wa.us Jim Kelly Auburn Police Chief 101 N. Division Auburn, WA 98001 (253) 931-3080 . ikellv@ci.auburn.wa.us Chris Hills Kent Risk Manager 220 4th Avenue South Kent, W A 98032 (253) 856-5285 chills@ci.kent.wa.us Brenda Heineman Auburn Human Resources Director/Risk Manager 25 West Main Street Auburn, WA 98001 (253) 931-3040 bheineman@ci.auburn.wa.us Brenda Jacober Kent City Clerk 220 4th Avenue South Kent, W A 98032 (253) 856-5728 biacober@ci.kent.wa.us Danielle E. Daskam Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931-3039 ddaskam@ci.auburn.wa.us Ed Crawford Kent Police Chief 220 4th Avenue South Kent, W A 98032 (253) 856-5888 ecrawford@ci.kent.wa.us ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 4 of 5 (March 17, 2004) t:-5 , ' Kent (cont.): Dave Santos Kent Police Support Services Mgr 220 4th Avenue South Kent, W A 98032 dsantos@ci.kent.wa.us Federal Way: Renton: City Clerk City of Federal Way P.O. Box 9718 FederalVVay, WA 98063 Mike Webby Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 Patricia Richardson Federal VVay City Attorney City of Federal Way P.O. Box 9718 FederalVVay, WA 98063 Port of Seattle: Peggy McPartland Port of Seattle Claims Manager P.O. Box 1209 Seattle, VVA 98111 mcpa rtland. p@portseattle.ore¡ Tukwila: ClAW: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila,VVA 98043 Phillip M. Riche Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 prich e@canfield-associates.com WCIA: Peg Campbell Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 pee¡c@.wciapool.ore¡ IV. CONFLICT WITH AGREEMENT. If any provision of this Addendum conflicts with the provisions of the Agreement, the terms of the Agreement shall control. ADDENDUM ONE TO THE VALLEY SRTINTERLOCALAGREEMENT-50f5 (March 17, 2004) \=-~ . . V. EFFECTIVE DATE. This Addendum shall become effective U3oII passage by lI,e Dôard end upon the last date of execution by the last authorized representative. VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. BY SIGNING BELOW, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. Mayor, City of Auburn Date City Attorney, City of Auburn Date Date City Attorney, City of Renton Date Date City Attorney, Cityof.Tukwila Date Date City Attorney, City of Kent Date Date City Clerk, City of Auburn Mayor, City of Renton Date City Clerk, City of Renton Mayor, City of Tukwila Date City Clerk, City of Tukwila Mayor, City of Kent Date City Clerk, City of Kent City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Po~ of Seattle Date P """""L£S"",,"nFII."" 706\Ad<1endum-0n-o..... """",,,.doc ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 6 of 5 (March 17,2004) \=-\ " .INTERlOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional team to effectively respond to serious criminal occurrences as described below. IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Special Response Team" ("SRT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. As special needs arise, it may be necessary to request from other'law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has strained resources of the members' individual police department specialty teams. Law enforcement efforts directed at dealing with these violent confrontations have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific serious criminal confrontations, as well as weapons of mass destruction, will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT \=-e) ¡ '. training, development of specialized expertise, and increased utilization/application of a combined special response team. The results of a multi-jurisdictional effort will be improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the SRT. The SRT shall service each participating jurisdiction. The SRT shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the SRT shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The SRT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high-risk incidents. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the SRT by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The SRT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions.' All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. There shall be a minimum of four (4) Board meetings each year. One meeting shall be held in March of each year to review the prior year's service. Another meeting shall be held in August of each year to review and present a budget to the participating jurisdictions. At least two (2) other meetings shall be held each year to review the SRI's activities and policies. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours notice of all meetings to all members of the Board; PROVIDED, VAlLEY SPECIAl RESPONSE TEAM 2 OPERATIONAL AGREEMENT ~-\ " however, that in emergency situations, the presiding officer may conduct a telephonic meeting or poll of Board members to resolve any issues related to such emergency. The Board shall develop SRT written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement. The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies. regulations, and operational procedures of the individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. ' The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute seven (7) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and Civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT. Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT. The legal advisor(s) shall be the legal representative(s) for one or more of the jurisdictions participating in the SRT. The legal VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 3 ç::- \ {) advisor(s,) shall, when àppropriate or when requested by the Board, consult with the' legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the SRT Tactical Commander, and the SRT Team leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT , members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of .the SRT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be determined by using commonly accepted methods of ,valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any SRT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution in proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution. VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 4 ~-\\ '! ' Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. - B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. c. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising. out of or connected with SRT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. B. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. Intentionally Wronqful Conduct Beyond the Scope of Emplovment. Nothing herein shall require, or be interpreted to require indemnification or payment of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 5 \= -\L-- G. sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Rèmoval From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. . F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 6 \=--1S " XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations. the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints; shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has aright, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. xv. COMPLIANCE WITH THE LAW The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. XVI. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when - reduced to writing and executed in a manner consistent with paragraph XX of this Agreement. XVII. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XVIII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, the Director of Records and Elections of King County, the secretary of state, and such other governmental agencies as may be required by law. XIX. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. VALLEY SPECIAL RESPONSE TEAM 7 OPERATIONAL AGREEMENT t= - \ ~ . xx. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating' jurisdiction by its duly. authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each pårticipating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and bè valid as if each authorized representative had signed the original document. . By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and thMrisd" ion agrees to the terms. oft. r t. / 1/ CjJ 11 Date 9~71ð3 Date City Attorney, City of Renton Date Mayor, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent . Date 'City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date. City Attorney, City of Federal Way Date. City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle . Date ~_'T---- VAllEY SPECIAl RESPONSE TEAM OPERATIONAl AGREEMENT 8 F-tS l . XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuànt to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representativ'e had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date Date Date Date Date - f ~ {';f '-!!r/~ ~/;¿!œ> City Attorney, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date """""'Ilf.SIO_"'_AT___'" VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 8 t:- I ~ " xx. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date /1-/r¡;-o3 Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date ~"""'_4t___....... VALLEY SPECiAl RESPONSE TEAM OPERATIONAL AGREEMENT 8 \=--}l ¡ , xx. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordina"nce of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized represêntative. This' Agreement may be executed by counteiparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn , Date , City of Auburn Date ;L:J ;7~ S'; :1-0:3 (/\~"'dMSÃ1AJ~2.M:3 Date City Attorne~~ :f- ;:ht(~... .- - , Date ~'J. (¿)aJl~ 5-A;J-()3 City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila City Clerk, City of Tukwila Date Mayor, City of Kent Date CitY Attorney, City of Kent City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date Date Date 1",/0-oJ Date Po '¿f- Date ~"'_T__'" VALlEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 8 \= -\ ~ XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating Jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she. has the authority to sign this Agreement on bet1alf of the jurisdiction, and the Jurisdiction agrees to the terms of this Agreement. . City Attorney, City of Auburn Date Mayor, City of Auburn Date City Clerk, City of Auburn Date ------.------..-------______n. ------ -.----------,------'...-._____n....... Mayor, City of Renton Date City Attorney, City of Renton Date ~ City of Renton S N\f\I)~ Mayor, City of Tukwila Date 6-~~~~ 5"-/1-0 '5 Date' City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City otKent Date Date City Attorney, City of Federal Way Date City Manager, City of Federal Way City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date ~,................... ...,-.......... VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 8 f-f\ If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. xx. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of T ukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date Ci Clerk, City of Fed al Way ~ &. ~ \( Ex cutive Director, Date r¡ -ff ~ Date - to. oJ Date Po P~_."""_""" VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT 9 ç: - 2-D 5.G CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: June 7, 2004 Subject: PRHSPS Council Committee Kurt Reuter, Park Operations snperintenðeu«;2) Ÿ , David Mosel, . ~Manager I Kikaha 0' K Kai Outrigger Canoe Club To: From: Via: Back2round: In the fall of 1998 the City met with members of the Kikaha 0 Ke Kai Outrigger Canoe Club to discuss granting permission to practice on Steel Lake using Steel Lake Park as a staging area. The club was given permission to practice on the lake and park their trailer used to transport their canoes, in the lower parking lot near the boat ramp. The Club came back to the City in 1999 to obtain pemission to host a Regatta on Steel Lake in 2000. The issue was reviewed and a pubhc meeting was held to obtain community input. The Commission followed up with a recommendation to the City Council to amend the Ordinance 91- 82 to allow the Regatta to take place. Formerly, Ordinance 91-82, Section 29, expressly forbid "... .. . .any trials or competitions for speed, endurance, or hiJJ cJimbing involving any vehicle, boat, aircraft or animal in any park". Council approved the amendment to Ordinance 91-82. Due to the size of the Regatta and the fact that it was an annual event, it was requested that the City and the Canoe Club draft a Memorandum of Understanding. This document was used to outline the responsibilities of each party for both club practices and the Annual Regatta. The M.O.U. is attached for your review. As a side note, the Canoe Club does pay Special Event Pemit and Picnic Site Pemit fees for the use of the park. The fees for use of the park this year total $624.37. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the 2004 Memorandum of Understanding between the City of Federal Way and the Kikaha 0' Ke Kai Outrigger Canoe Club and to place this item before Council on the June 15th, 2004 agenda APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member b-\ Memorandum of Understanding Kikaha 0 Ke Kai Outrigger Canoe Club 2004 City of Federal Way and Kikaha 0 Ke Kai Outrigger Canoe Club THIS MEMORANDUM OF UNDERSTANDING ("MOU"), dated this 1st day of May, 2004, defines the respective responsibilities of the City of Federal Way ("City") and the Kikaha 0 Ke Kai Outrigger Canoe Club ("KOKKOCC") in connection with the use of Steel Lake Park. Recitals: A. The KOKKOCC conducts canoe training and practice procedures on Steel Lake, known as the KOKKOCC practice, in Steel Lake Park, Federal Way, Washington ("Practice"). Practice includes outrigger canoe operation on Steel Lake and Steel Lake Park beachfront. Yearly practice starts March 1 st and continues throughout the fall. B. The KOKKOCC produces an annual outdoor event, known as the KOKKOCC Regatta, in Steel Lake Park, Federal Way, Washington ("Event"). The Event includes an outrigger canoe race, picnic and live entertainment over a one (1) day period, June 26,2004, from 6:00am to 8:30pm. C. The KOKKOCC will serve as the producer of the Event and Practice. The City will provide location and services as outlined in this MOu. NOW, THEREFORE, the parties agree as follows: I. City responsibilities. The City agrees as follows: 1. Event. A. The City shall provide use of currently available and owned outdoor covered picnic area with tables and access to electricity and sinks at Steel Lake Park B. The City shall provide maintenance support consisting of site preparation, cleaning, designated temporary trailer parking, logistical support and cleanup. 2. Practice. The City shall provide designated temporary trailer parking. II. KOKKOCC responsibilities. The KOKKOCC shall: 1. Provide a detailed site plan and final time line of the Event by June 11, 2004, to the City liaison, Kurt W. Reuter, Parks Operations Superintendent. 2. Name the City as an additional insured on all certificates of insurance relative to the use of Steel Lake. Copies of all insurance certificates will be provided to the City liaison, Kurt W. Reuter, Parks Operations Superintendent, by June 11,2004 for inclusion in the event. Without such certificates, the event may not be held. 3. Provide volunteer support at a level that ensures adequate supervision of event activities and spectators before, during and after the Event. b-2- 4. KOKKOCC agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, , demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or connected with this MOD to the extent caused by the negligent acts, errors or omissions of the KOKKOCC, its partners, officers, shareholders, agents, employees, invitees, or volunteers, or by KOKKOCC breach of this MOD. KOKKOCC waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. KOKKOCC indemnification shall not be limited in any way by any limitation of the amount of damages, compensation or benefits payable to or by any third party under workers compensation acts, disability benefit acts or any other benefits acts or programs. This MOU contains the obligations of both parties for KOKKOCC and may not be changed or modified except by written agreement by both parties. Jennifer Schroder, PRCS Director P.O. Box 9718 Federal Way, W A 98063 - 9718 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Laura Moody, President Kikaha 0 Ke Kai Outrigger Canpe Club STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires c. -- ::> S.H CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: TO: FROM: VIA: SUBJECT: May 10, 2004 b' ð~ PRHSPS Council Committee / .. { , Kurt Reuter, P rk erations Superintenden7{ i David M . Y anager 2004 Interloc A'gree ent for Waterfowl Management Program Back!?round Canadian Geese populate the beach at Steel Lake Park and in Celebration Park wetlands and sports fields. The geese increase our cost to manage the parks and pose a health and safety risk to the park user. Some of the most measurable negative impacts are increased labor costs to keep the beaches and picnic areas clean, reduced water quality at Steel Lake for swimming, and destruction of wetland vegetation. The most significant tool to manage the Canadian Geese population is the Interlocal Agreement for Waterfowl (Canada Goose) Management Program. Ten cities in King County along with the University of Washington, u.S.D.A. Wildlife Services, and the u.S.D.!. Fish and Wildlife Services make up the Oversight Committee to manage this program. The City has participated in this program for the past two years. Purpose The purpose of this agreement is to provide the joint funding to contract with the Wildlife Services Program of the u.s. Department of Agriculture to manage the Canada Geese population within King County. The plan will include an egg addling program, lethal control, population monitoring and gathering census data on Canada Geese, within King County. Scope of proe:ram 2004 will be the twelfth year of an egg addling program and the fifth year utilizing "lethal control". In addition, educational programs wi]) be conducted to inform the public about urban Canada Geese and the associated health and safety problems. Responsibilities Each party, represented on the Waterfowl Management Committee wi]] share in the ongoing review of the programs carried out by WS. Compensation The City's contribution will be limited to $2,410. The amount paid in 2003 was $2,930. The reason for the cost reduction is that one additional city was added to the program. Term The term of this Agreement is from January 1,2004 to December 3 1,2004. Deliverables WS will make every effort to conduct an egg-addling program on 2,000 - 2,500 eggs. Lethal control will be implemented as necessary and total numbers will be established'by the u.S. Fish and Wildlife Service Permit. Participants will receive a report on the number of eggs addled and geese euthanized in 2004. Committee Recommendation: Approve the 2004 Interlocal Agreement for Waterfowl (Canada Goose) Management Program and forward to full Council at the May 18 meeting for consideration to authorize the City Manager to execute the Interlocal Agreement. API'I~OVAL OF COMMITTEE JU-:POIH: COJJlmitlCl' Ch~lir , .. . Co/lllllil1l'c i\h'lIIbcr C'OIllIlJÍlICC J\i1t~lIIbcr -\-{- \ For Your Action 2004 Interlocal Agreement for Waterfowl (Canada Goose) Management Program Please Note: Final Form Ready for Your Submittal for Signature and Funding Authorization n :sta ffosp \db \ waterfw I\agreemnt \Inter2000 1 -\-l- L- 2004 INTERLOCAL AGREEMENT FOR WATERFOWL (CANADA GOOSE) MANAGEMENT PROGRAM WHEREAS, Chapter 39.34.040 RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services in a manner pursuant to forms of government. organization that will accord best with recreational, park and natural resources and other factors influencing the needs and development oflocal communities and WHEREAS, the various agencies, cities, counties, Washington State and agencies of the Federal Government listed in Exhibit A - Page 6 of this Agreement, desire to manage waterfowl, especially Canada Geese; and WHEREAS, all parties require assistance from the Wildlife Services Program of the u.S. Department of Agriculture, to reduce negative impacts on water quality, minimize resource damage, ensure safety from disease for park visitors, and enhance other property managed; and WHEREAS, information dating to a 1989 Waterfowl Research Project done by the University of Washington and current data indicates a large surplus of geese and other waterfowl species in the greater Seattle area; and WHEREAS, this program will be an ongoing resource management activity attempting to maintain a manageable number of birds on a year-to-year basis; and NOW, THEREFORE, in consideration of the covenants herein, it is mutually agreed as follows: SECTION I ,. PURPOSE The purpose of this Agreement is to provide joint funding for an egg addling program, lethal control, population monitoring and census; mainly of Canada Geese, within King County. This program will assist each party in maintaining and managing public and selected and approved private sites that are impacted by a surplus of waterfowl. n: staffosp \dh \ waterfwl\agreemnt \Inter2000 2 \-\-~ SECTION II - SCOPE OF PROGRAM Wildlife Services (WS) will receive funds from each participating member for the continuation of an egg addling program, lethal control and evaluation during spring and summer 2004. Using best management practices WS will carry out an egg addling program, seeking as many accessible nesting areas as possible and will make every effort to minimize damage to the surrounding environment. WS will also implement a program of "lethal control" as requested by the Waterfowl Management Committee, subject to the terms and conditions of a permit to be issued by the u.S. Fish and Wildlife Service. This will be done on a case by case basis in situations where an over population of Canada geese may result in an impact on human health and safety, such as potable water contamination, bird aircraft strikes, disease transmission or other situations as determined by WMC members. Agency and corporate participants acknowledge by approval signature (below) that their participation includes a request to WS for direct assistance through the removal of Canada geese, and will rely on the experience and expertise ofWS to identify locations where goose removal is appropriate. Participants may identify locations where control is not to be carried out. Approved by: for Agency Date: WS will provide an annual report to the members of the WMC which will include information regarding egg addling, the general location of nests and number of eggs addled, number of geese removed, difficulties encountered and whatever other information would be valuable to the WMc. 2004 will be the twelfth year of an egg addling program and the fifth year utilizing "lethal control". All methods and tools utilized to accomplish addling and "lethal control" activities in 2003 will again be used in 2004. A census of urban Canada Geese will be conducted during 2004, however as in 2003 these census counts will be expanded using staff ITom local agencies and participants at times and places to be specified. Where possible, educational programs will be initiated to inform the public about urban Canada Geese, the associated problems, and the efforts of this committee at addressing those problems. i-\,- ~ SECTION ill - RESPONSffiILITIES Each party, represented on the Waterfowl Management Committee, as shown on Exhibit "A", and incorporated by reference herein, will share in the ongoing review of the programs carried out by WS. Each party agrees that if necessary, an Oversight Committee will be appointed to monitor and report back to the general committee on a regular basis. Three members of the Committee will make up the Oversight Committee chaired by the City of Seattle representative. SECTION IV - COMPENSATION The total cost of the 2004 waterfowl management program shall not exceed Thirty one thousand, five hundred dollars ($31,500). Each party shall contribute to the financial costs ofthe program as shown in Table I. SECTION V - TERM AND EXTENSION The Term of this Agreement is from January 1, 2004 to December 31,2004. This Agreement may be extended in time, scope or funding by mutual written consent ITom all parties referenced herein. SECTION VI - 1ERMINATION This agreement may be unilaterally terminated by any of the parties referenced herein or Wildlife Services upon presentation of written notice to the Oversight Committee at least 30 days in advance of the severance date shown in Section V. Should termination of this agreement occur without completion of the egg addling, each party shall pay only its' pro rata share of any expenses incurred under the agreement at the date of the termination, and each party shall receive copies of all products resulting from the addling activities up to the time of the termination. SECTION VII - DELIVERABLE Wildlife Services will make every effort to conduct a 1,000-2,000 egg addling program. Field conditions or changing conditions may increase or decrease these numbers. Lethal control will be implemented as necessary and the total numbers are established by the U.S. Fish and Wildlife Service Permit. Participants will receive a report on the number of eggs addled and geese euthanized in 2004. 4 t1-S SECTION VIII- FILING As provided by RCW 39.34.040, this agreement shall be filed prior to its entry and force with the City or County Clerks of the participating parties, the County Auditor and the Secretary of State, and, if found to be necessary, with the State Office of Community Affairs as provided by RCW 39.34.120. SECTION IX - LIABILITY Each party to this agreement shall be responsible for damage to person or property resulting ITom the negligence on the part of itself, its employees, its agents or its officers. No party assumes any responsibility to another party for the consequences of,any act or omission of any person, firm, or corporation not at party to this agreement. 5 t\-~ EXHIBIT A WATERFOWL MANAGEMENT COMMITTEE P ARTICIP ANTS City of Belle vue................................................ ..........................:................................. Pat Harris City of Federal Way................................................................................KurtReuter City of Kent......... ......................., """""""""""" ....,.... ...........,... .......RickWeiss City of Kirkland.............................................. .......................................................Mark Johnston City of Mercer Island .....................................................,...........................................Greg Brown City ofMountlake Terrace .............................................,..........................................Don Sarcletti City of Redmond............................................. .""""""""""""""""""""""""""'" Teresa Kluver City of Renton .....................................................,...............................................Terrence Flatley City of Seattle Department of Parks and Recreation .............................................Barbara DeCaro City of Seattle Department of Public Utilities......... "" ...........................................Mike Bonoff City ofWoodinville......... ......... .................. ..........................................Brian Meyer University of Washington .........................................................,......................Charles Easterberg U.S.D.A. Wildlife Services........ ... ...... ...... .,. """'" ......... ....., ...,.. .,.... ... ......Mik:e Linnel US.D.l Fish and Wildlife Service .......................................,....................................Brad Bortner 6 \-\-\ TABLE I AGENCIES CONTRIBUTIONS 2410 City of Bellevue City of Federal Way City of Kent City of Kirkland 2410 2410 2410 City of Mercer Island City of Mountlake Terrace 2410 2410 City of Redmond City of Renton City ofWoodinville 2410 2410 Seattle Department of Parks and Recreation 2410 3700 Seattle Public Utilities University of Washington 3700 2410 TOTAL $31,500 All checks will be made payable to the USDA-APlllS-ADC, eannarked for the Wildlife Services and sent to the following addresses: Mr. Roger Woodruff State Director -WildlifeServices Program U.S. Department of Agriculture 720 O'Leary Street Northwest Olympia, Washington 98502 (360) 753-9884 In case of procedural questions regarding this project, please contact: Maggie Rayls, Administrative Officer Wildlife Services Program (360) 753-9884 FAX: 753-9466 For questions regarding implementation of control measures and census, please contact: Keel Price (360) 337-2779 SECTION X. - SEVERABILITY .. If any section of this agreement is adjudicated to be invalid, such action shall not affect the validity of any section so adjudged. 7 t\-ß This agreement shall be executed on behalf of each party by its authorized representative. It shall be deemed adopted upon the date of execution by the last so authorized representative. This agreement is approved and entered into by the undersigned county and local government units, university and other private parties. City of BeUevue By: Patrick Foran, Director of Parks and Community Services Date: City of Federal Way By: David H. Moseley, City Manager Date: City of Kent By: John Hodgson, Director Date: City o(Kirkland By: David Ramsey, City Manager Date: City of Mercer Island By: Rich Conrad, City Manager Date: City of Mountlake Terrace By: N<Une!TitIe: Date: _City of Redmond By: Rosemarie Ives, Mayor Date: City of Renton By: Jesse Tanner, Mayor Date: City of SeaTac By: Calvin Hoggart, City Manager Date: CityofWoodinviUe By: Donald D; Rose, City Manager - Date: King County By: Craig Larsen, Director of King County Parks System Date: Seattle Department of Parks and Recreation By: Kenneth R Bounds, SuJ?Crintendent Date: Seattle Public Utilities By: Chuck Clark, Managing Director Date: University of Washington By: Karen VanDusen Director of Env. Health & Safety Date: 8 \1-,\ City of Federal Way PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM 5.1 Date: To: May 3, 2004 PRHSPS Council Committee David Mo~Manager B SandGs, pJ ~lanning & Development Coordinator~~ Thompson Property Neighborhood Park: Approve 85% Design Via: From: Subject: Background: The 2.8 acre Thompson site is located near S. 333rd Street and 24th Avenue S. The site is undeveloped with the exception of a gravel access road off of S. 333rd Street and a concrete and asphalt slab near the center of the property. The property slopes gently to the east, toward a branch of the Hylebos Creek, which is just outside the east property boundary. The property will be developed as a neighborhood park, with a paved walking path, small basketball court, and children's play areas. Landscaping, irrigation, and drainage will be provided. Grading will be performed along the south edge to improve views in from the street. Several public meetings have been held with neighborhood residents, including with children, to detennine the needs and desires ofthe local community. This information has been incorporated into the design of the park. Residents wanted a hard surface trail, playground, and basketball court. The approved budget for design and construction of this project is $350,000. Design costs. are approximately $63,000. The Council reviewed preliminary plans for the project on February 17, 2004. At that time the construction cost of the preferred site plan was identified as $329,658, plus bid alternates for site furnishings for a total construction cost of$349,765. At 85% design, total design and construction costs are estimated at $387,201. In order to stay within the total project budget, the bid package will be structured with bid alternates. Cost Estimate: Construction-Year 2004 (Estimate) 12% Construction Contingency 8.8% Sales Tax Total Construction Costs $266,298 $ 31,956 $ 25,948 $324,201 $ 63,000 $387,201 Design Total Project Costs Potential Bid Alternates to reduce cost: 1. Site Furnishings $17,190 2. Tot Lot Equipment $31,500 Total Bid Alternates $48,690 ~-\ Thompson Property: 85% Design Staff Recommendation: Staff recommends placing the following item on the May 17,2004 Council Consent Agenda: Authorize Parks, Recreation and Cultural Services staff to proceed with design of the Thompson property and return to the PRHSPS Committee at the 100% design completion stage for authorization to bid. T-Z- Proposed Rockery . 10 Match Existing Wall ---- In Place of Type III -----~~-~ ~---------------- Landscapi~g Retain \ N:-~veJ).I~ 'tings \, - - '/ I I I i '\ i } i I / .' tJ / :! i' .. CD II! u ... .. I Enh;ance NaUv.. Plantings in Nalive Str..am Duffer Type III Landscaping. flowering Evergr..en Trees lor CPTED & Aesthetics '" Enhance Native Plantings in Native Stream Buffer Existing \ ~oC:k"ry ':, ' ",-&8" ,... CONCEPT A PARK ELEMENTS Biofilter Storm Drainage through Natural Vegetation Prior to Entering West Hylebos Creek -S' Wide Loop Asphalt Path (approx. 1200 Lf.) Walking I Running Roller Blading Bicycling -Play' Area -Structured Play Mound oj I) Half Court Basketball Court -~litigating View Scrl'Cning of lIouse Cedar Tr... planled 10-20ft on lenler -[mbonkmenl at "ark frontage removed to open ,'ie", into park. (tr... affecled by grading remond) - Curb and Side"alk New Deciduous Trees Existing Significant Evergreen Trees New 8' Wide Asphalt Trail New Evergreen Trees Existing Deciduous Trees New flowering Shrubs Existing Vegetation City of Federal Way Parks, Recreation & Cultural Services Thompson Property Park DESIGN DEVELOPMENT CONCEPT (,',tNj""'",.""""""',""""-"'". ~oo~ April 30th 2004 \\'OInllY ,\'\/) ASSOCIATES "'~'.~,..",=" .."..~"'~""~"'-" :î--5 5.,.,,""'- C<:M'1CN NAME T,- 0 ~;:.;;':':::!Cad" 0 ...,,~ """«~'" 'CN",IOI.~'! CNnUcl_' FI~lne F~, r:;'\ .."., oi,oin"~/ O\::J Vl~ Mopi. . "",~"",,,Iliil """,«n FI~~ine DceWOOd _b, ,"" "'""",,cov«, "IE!CONDITI""'" "'ACING. OTT. ,. Iok. Min. Corn. "'~ " '" Col. 6'" A,~ 18 ..1.0' ".ó' "'.C",,'. A.~ '" r,..... Mln I" c,,1.Conc A, """"""' ,." >It. Con, 4' o~" """9"1" ., 0"'.' 'poolne. "'". Cool. S' O~" "Ione"'" .. Min """"'" 0"'"' .",olne. . "".Con'. S' O~" """9"'" 'ó 0"'", 'P,cine. ó' ep. Corn. 18" O~"""'e"I" '8ØO 0"'.' 'p,olne. 24,1",",..r. - . , .). :'° 'EViSION '"""' """"" BW ! !Io",", I IiC"E"" SW i b:J"TE '/19/0' , '" '" 03-02 I 'TO" °' w,,""'" """"" """"'" "'""EOT T'I" . .~. ,,~" I . j,;-¡: I " I " -J" h 0 ""'dod""""", 'Clip_'.'! Cllpl_.. """dod~d,on ""'"" CEO'OE WORT", """IE",.'" "';' 10' ",. '" POI~""""" .",,""! ","o,d F~n NORTH ¡¡ :', 0 """", """0."'.'/ P~'ug" L",..I ",.Id""" ""'"00/ ."" ,", R.~....,. NORTf.< ~",¡¡ PRELIMIN AR Y oJ [g WORTHY AND ASSOCIATES ¡ CANOS"" ARCHITECTUSE ""'ATlO",L PLANNINO ANO DESION I I'" FIRST A VENdE SUITE NUMBER ." SEATTLE. WASHINoTON 98101 TEL."""'."" FA"-"'-"""'" SHEET Thompson Property Park I ~O. , of PLANTING PLAN ! 9 z; L'~ '."""9 C.\P,,¡,m\OJ-O2 "",O! W'y P"",\IO,O","'" ., ", 010"" R"E"ED REOPO"OT'ON '" ",' ""'R'" " ,po"""" w"oo" '"' OIRE" ","",'o' 0' wo"", ~O "'oc"'" NQIE~ I. r,.p. III L,"",c'p"e ,- !lØ) r.O' wId. " roqwlc"" "" d... Woo', Nor'" "d E." '"'°p"', 1100.. Tho Exi,,'oe V"9""""" N' b.on ,.","",,, '° ..., "'" 'oq."-' f " " ~ ~ 1 5.J City of Federal Way PARKS, RECREA TI 0 NAND CULTURAL SER VI CES MEMORANDUM Via: May 3, 2004 PRHSPS Council Committee David Mosel~anager B Sanders, ~~~~ning & Deve10pment Coordinator ~ Date: To: From: Subject: Armstrong Property Neighborhood Park: Approve 85% Design Background: The Annstrong site is 20 acres in size, with about 5 acres in Pierce County. The site contains rights-of-way for overhead transmission lines and for a water line. The site is bounded on the north by SW 356th Street and on the east by 15th Avenue SW. The site has gently rolling topography and is undeveloped with the exception of the BP A transmis'sion towers and unpaved access roads and trails. A Class I wetland onsite is 3.5 acres in size, and has a 200' buffer that extends across most of the rest of the site. This project includes development of the remaining portion of the site that is not wet1and or wetland buffer, and is within the City limits. Development of neighborhood park features will include an extension of the BP A trai1, a p1ayground, and open play fields. The goal for neighborhood parks is that they are within walking distance of its primary users. Four parking spaces will be provided on 15th Avenue SW, however, for occasional use. A pedestrian safety refuge island will be provided on S 356th Street for those crossing over from Phase III ofthe BP A Trail. Other than these improvements, the site will remain in its existing condition. Several public meetings have been held with neighborhood residents, including with children, to detennine the needs and desires of the local community. This infonnation has been incorporated into the design of the park. Residents expressed a desire to eliminate the use of the site by off- road vehicles and to improve the vegetative cover on the site. There is also strong interest in the playground facility, since there are no playgrounds currently in this southern part of the City. The approved budget for design and constructionofthis project is $375,000. Design costs are approximately $88,000. The Council reviewed preliminary plans for the project on February 17, 2004. At that time the construction cost of the preferred site plan was identified as $324,027. At 85% design, total design and construction costs are estimated at $382,906. In order to stay within the total project budget, the bid package will be structured with bid alternates. Cost Estimate: Design Total ]>roject Costs: $242,235 $ 29,068 $ 23,603 $294,906 $ 88,000 $382,906 Construction-Year 2004 (Estimate) 12% Construction Contingency 8.8% Sa1es Tax Total Construction Costs Potential Bid Alternates to Reduce Costs: Site Furnishings $8,000 'j-\ Armstrong Property-85% Review Staff Recommendation: Staff recommends placing the following item on the May 17, 2004 Council Consent Agenda: Authorize Parks, Recreation and Cultural Services staff to proceed with design of the Annstrong property and return to the PRHSPS Committee at the 100% design completion stage for authorization to bid. APPROV AL OF COI\11\IITTKE .lmpORT: - n --- -- ---- -.----- -....- -- ---. - .. - --- - n____- "3=2- ~i "1~.....1 'Of", '.f;; i' """ \\ \ 3-5 ~~ .~~ ~~ ~ ~; ~'- ~ ~ ~ § ~~ .~~ ~~ ~~ ~~ N~- ~~ ~~ ~~ ~~ \-f! -L î j ! ~>.~.~, ---_.~~ ~;;.. I rROad \... ,'~^\ Widening """"",.....' , . ,X'» 3 Stalls ..... . \.,., '<iÔ."'.,'. . ""'.....'..../ ""ó<,. Parking ""'..... ..:' >:,'>;.:.... 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K City of Federal Way PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: May 3, 2004 PRHSPS Council Co mittee David Mos i a ger¡j() / Jennifer Schroder, Directo -iF Community Center: 0% Design Status Report To: Via: From: Subject: Background: The planning phase study conducted in 2003 formed the basis for the work completed during the schematic design phase. Completion of the schematic design phase is considered 30% completion of the entire design work. A presentation of the schematic design was made to the City Council at a special study session on April 20, 2004. The following items were addressed during the 8-week schematic design phase: . Building Floor Area . Road Alignment . Site Grading and Retaining Walls . Storm Drainage . Fire Access . Utilities . Wetlands . Landscape Design . Sustainable Design Strategies . Mechanical and Electrical Systems . Room Design . Cost Estimates Ongoing tasks will involve the continuing exploration and refinement of each of these areas. Attachments: . . City Council Presentation: 30% Design Update, , April 20, 2004-Includes cost estimate. Staff Recommendation: Staffrecommends acceptance of the 30% design and authorization to continue work based on the direction established in the schematic design. Committee Recommendation: Motion to recommend a "do pass" to place the following item on the May Ie , 2004 Council Consent Agenda: Authorize Parks, Recreation and Cultural Services staff to proceed with design of the Community Center and return to the PRHSPS Committee at the 50% design completion for authorization to continue. APPROVAL OF COMMITTEE REPORT: C()mmitte~ Chair Committee Member Committee Member ~~\ f( ~ " , ' (~~ City Council Presentation 300/0 Design Update April 20, 2004 City of Federal Way Community Center -- In association with Arai Jackson Ellison Murakami r' ~ Outline. . Site Plan . Building rendering . Floor Plans . Project cost summary . Project schedule summary City of Federal Way Community Center 8 In association with Arai Jackson Ellison Muraka.mi . " '" " s.- a.> a ~ "0 a :J ro N ro 0 . 0::: . ... ....! J;:;x--:,':.".. ..t', i' "w~~""~ .. .;::¿. '" . . , .,"c":~~~~¡:: 'i ~ /~(".Q.;, . í I ;';, ":.'~"'*~ ,._--".,~ II /, ...,~'Ji"'!> """C:;o-'r-", ~':~\f!:~ ' . " ; ¡¡JiB ¡ ! ~-L\ -----~.._--~---_._-~~------ ø: ~~ II) u I ~-l ~ co E E ~ en ... t/) 0 u ... (J <» .~ 0 J... D.. c: 0 .~ iJj c: 0 '" ..>: u '" -, .~ '" cS '~ c: .2 (¡¡ 'i'¡ 0 '" '" '" -" L- a> ..... t: a> U ~ ..... c: :J E E 0 u ~ (\ ~ (\ '- a> "C a> u. '+- 0 ~ ..... 'h-ß . . . . r::- ~ ~ . . Project Schedule April 2004: 300/0 design update presentation July 2004: 500/0 design update presentation August 2004: 850/0 design update presentation December 2004-January 2005 . , - 1 000/0 Design Acceptance - Authorize To Bid January 2005: Bid award Fall 2006: Construction complete City of Federal Way Community Center 8 In association with Arai Jackson Ellison Murakami S.L CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: To: From: Via: SUBJECT: May 10, 2004 ~ PRH.SPS Council C~mmittee ' . JennIfer Sc oder ector '- ' David Mos tar Amendment he Conservation Futures Intergovernmental Cooperation A reement Between King County and the City of Federal Way for Open Space Acquisition Projects Background: The City of Federal Way Parks, Recreation and Cultural Services department in partnership with Surface Water Utility Division, submitted application in 2004 for a Conservation Futures Grant in the amount of $194,000 for the Lakota Wetlands Acquisition Project. The acquisition of the Lakota Wetland will provide a significant recreational and open space opportunity within the City of Federal Way. First, this acquisition will protect currently functioning wetland habitat as open space. This wetland is part of a wetland, lake, and creek system that forms the headwaters of Lakota Creek, which is a salmonid bearing system. Second, the acquisition will provide an excellent passive use recreational opportunity as it is located adjacent to an actively used park. The close proximity to the park as well as a junior high and high school will also provide an opportunity for ongoing educational and stewardship activities. In addition, purchase of the wetlands conforms to the Lakota Park Master Plan and Surface Water Management Division's goals for the Lakota Creek watershed. Purchase of the wetlands will help protect the adjacent Lakota Park and upstream properties in the Mirror Lake and Fischer's Pond basins from flooding. Conservation Futures will award the total amount of grant funds requested ($194,000). The attached Intergovernmental Cooperative Agreement describes the conditions of the grant agreement. Staff Recommendation: The City Council authorized the purchase of the Lakota Wetland Acquisition parcel from Mr. Klouzal at its May 4th meeting. Therefore, staff recommends the City Council authorize the City Manager to accept the Intergovernmental Agreement as presented. Committee Recommendation: Move a "do pass" to the City Council to authorize the City Manager to sign the Amendment to the Conservation Futures Interlocal Cooperative Agreement Between King County and the City of Federal Way for Open Space Acquisition Projects, accepting the Conservation Futures Grant of $194,000 for the Lakota Wetlands Acquisition. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member L-\ AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Lakota Wetland Acquisition, and hereafter reads: . On November 24,2003 the King County Council passed Ordinance 14797, which appropriated a total of One hundred Ninety-four Thousand Dollars ($194,000) in Conservation Futures Levy proceeds to the City of FEDERAL WAY for the Lakota Wetland acquisition Project. On March 15,2003 The King County Council passed Ordinance 14852, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 14797. Amendment 2: Article V. Conditions of Agreement Section 5.1 is appended to include Attachment D, which lists a 2003 Conservation Futures Levy Allocation for the Lakota Wetland Acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are appended to include Attachment D, which lists a 2003 Conservation Futures Levy proceeds allocation for the Lakota Wetland Acquisition Project: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through D to be used for the Projects listed in Attachments A through D. The City may request Amendment D Annual CFT Interlocal ¡"EDERAL WAY-King County 2003 CFT proceeds -1- L-2- additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through D. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF FEDERAL WAY Ron Sims King County Executive City Manager Date: Acting under the authority of Ordinance 14852 Date Acting under the authority of Ordinance: Approved as to form: Approved as to form: NORM MALENG King County Prosecuting Attorney City Attorney Amendment D Annual CFT Interlocal ]'EDERAl, WAY-King County 2003 CFT proceeds -2- L-~ A TT ACHMENT D 2003 CONSERVATION FUTURES LEVY CITY OF FEDERAL WAY ALLOCATION Jurisdiction Project Allocation FED ERAL WAY Lakota Wetland Acquisition $194,000 TOTAL $194,000 Project Description: Lakota Wetland: The Lakota Wetlands Acquisition consists ofa 12-acre parcellocated along 21st Avenue Southwest in Federal Way, adjacent to Lakota Park. The project allows for the expansion of Lakota Park to include natural lands for environmental education and passive recreation. The central portion of the property is primarily wetland and is urban wildlife habitat. City of FEDERAL WAY - Lakota Wetland Acquisition $194,000 Amendment D Annual CFT Interlocal FEDF,RAL W ¡\ Y -King County 2003 CFT proceeds L-Y -1- 5.M CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: To: From: Via: SUBJECT: May 10, 2004 PRHSPS Council committeeyt- Jennifer Schr der irector L David osel anag Intergovern e al nd Transfer Agreement Between King County and the City of Federal Way - Hylebos Acquisition Program Background March 10, 2003, staff presented to Council a letter received from the Friends of the Hylebos Wetlands expressing their interest for the City of Federal Way to accept the transfer of seven parcels identified within the West Hylebos Drainage Basin. The proposal was for the Friends to find the resources to purchase the parcels and for the city to be ,the owner. The Hylebos Drainage Basin is a significant local and regional environmental resource within the City of Federal Way. Federal Way has identified Hylebos Creek and the associated West Hylebos Wetland as resources in need of both protecting and restoring. Historically, Hylebos Creek has provided locally, significant habitat for many different aquatic species including salmonoids such as Chinook salmon. Council Committee moved a "do pass" authorizing the city manager to negotiate acceptance of the properties within the West Hylebos. The Friends of the Hylebos Wetlands were successful in partnering with King County to acquire three of the seven parcels within the Hylebos Wetlands. The three parcels are referred to as: South 359th Street Parcel (14.23 acres) Pacific Highway Parcel (.5 acres) School District #2 I 0 Parcel (32.8 I) The attached agreement will authorize the transfer of these parcels to the City of Federal Way. The agreement win allow for the stream restoration work to be conducted as needed and as funding allows. The City Attorneys office has reviewed the agreement and approves the agreement to form. Staff Recommendation The negotiations for the three parcels have been completed and the acquisition is in escrow. Acceptance of this agreement will expedite closing by the end of the month. Changes to the agreement will delay closing. Staff recommends the City Council accept the agreement as presented (Option 1), Committee Recommendation Option 1: Move a "do pass" authorizing the city manager to sign the Interlocal Land Transfer Agreement Between King County and the City of Federal Way. Option 2: Move a "do pass" authorizing the city manager to sign the Interlocal Land Transfer Agreement Between King County and the City of Federal Way as amended by Council. Option 3: Move to "not accept" authorizing the city manager to sign the Interlocal Land Transfer Agreement Between King County and the City of Federal Way. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member M-\ ATTACHMENT A 14858 Intergovernmental Land Transfer Agreement Between King County and the City of Federal Way Relating to the Ownership, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs This Agreement is made and entered into this day by and between the City of Federal Way, hereinafter called "City," and King County, hereinafter called "County." . WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS the County, under the authority ofRCW 36.89.050, King County Resolution 34571 and other federal, state and county laws, has acquired a substantial park, recreation and open space system that depends on the continued operation of individual properties and facilities in order to fully serve the needs of the residents of King County and the cities within it; and WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for parks, open space, recreational facilities and programs inside and near the City boundaries; and WHEREAS the County does not have a sufficient, stable source of revenue to continue to manage and maintain its parks, open space, recreational facilities and programs at current levels; and WHEREAS the County is legally restricted from converting many of these parks, open space, and recreational facilities from their current uses without expending funds to replace the converted facilities; and WHEREAS given the legal restriction regarding conversion of the properties, the marketability ofthe properties is limited and, as a result, the cost of operating the facility is approximately equal to the value of the property to the County; and WHEREAS it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; and WHEREAS the County wishes to divest its interests in three open space properties along the Hylebos Creek and the City wishes to obtain these three properties for open space purposes, including the protection and restoration of riparian habitat along the Hylebos Creek; 1 \'1\-2- A TT ACHMENT A NOW, THEREFORE, in consideration ofthe mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Conveyance of Title 1.1. Within sixty (60) days of execution of this Agreement or within the time otherwise specified in this Agreement, King County shall convey to the City by deed all its ownership interest, and/or, when possible, by assignment, any leasehold interest or shared use responsibility, in the following listed park/recreation site(s), which are described more fully in Exhibit A (the "Property"): South 359th Street Parcel Pacific Highway Parcel School District # 210 Parcel 1.2 All deeds shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit ofthe County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City, as required by RCW 36.89.050, covenants that the Property shall be continued to be used for open space, park, or recreation facility purposes or that other equivalent facilities within the County shall be conveyed to the county in exchange therefore." "The City acknowledges that the Property was purchased for open space purposes with funds from the Conservation Futures Program. The City covenants to abide by and enforce all terms, conditions and restrictions in King County Ordinances 9071,10750 and 13 717, including that the City covenants that the Property will continue to be used for the purposes contemplated by these Ordinances, which prohibit both active recreation and motorized recreation such as off-road recreational vehicles but allow passive recreation, and in strict conformance with the uses authorized under RCW 84.34.230, that the Property shall not be transferred or conveyed except by agreement providing that the Property shall continue to be used for the purposes contemplated by these Ordinances and in strict conformance with the uses authorized under ~CW 84.34.230, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or the City shall be received in exchange therefore." "The City covenants that it will not limit or restrict access to and use of the Property by non-City residents in any way that does not also apply to City residents. The City covenants that any and all user fees charged for the Property, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non-City residents as for the residents of the City." 2 t"l -3 ATTACHMENT A "The City covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." "The City covenants that it shall place the preceding covenants in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses." 1.3 The deed for the School District # 210 Parcel shall also contain the following additional, specific covenants pertaining to use, which covenant shall run with the land for the benefit of the Natural Resource Trustees for Commencement Bay and for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the Natural Resource Trustees for Commencement Bay and the County shall have standing to enforce this covenant, which shall be set forth as follows: "Notice is hereby given that the School District # 210 Parcel is subject to use restrictions and other obligations enforceable by the Natural Resource Trustees for Commencement Bay (enumerated in the Cooperative Agreement described below and attached hereto) and King County. The purpose of these restrictions and obligations is to ensure that the School District # 210 Parcel provides habitat value to the public in perpetuity in the Commencement Bay environment. These restrictions and obligations are described in Section IV of the Cooperative Agreement for the School District # 210 Parcel Restoration Project (Cooperative Agreement), attached hereto and incorporated herein. Potential purchasers and lessees are further notified that, pursuant to the Cooperative Agreement, the School District # 210 Parcel may not be disturbed in any manner that would impair or interfere with the integrity of the habitat restoration, except as provided in paragraph IV E. The restrictions and obligations described above are intended to run with the land and are intended to be binding on any and all persons who acquire an interest in the School District # 210 Parcel. This restrictive covenant may be removed from the School District # 210 Property only in the manner provided for in the Cooperative Agreement" 1.4 The conveyance of the South 359th Street Parcel is contingent on King County obtaining title to this Parcel by deed pursuant to a King County Local Improvement Assessment Certificate of Purchase dated November 15,2002. The conveyance of this Parcel as provided for in Section 1.1 of this Agreement shall occur within thirty (30) days after the deed conveying this Parcel to King County is duly executed and recorded. 3 \V\ --l.\ ATTACHMENT A 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions, and covenants of title at the time of conveyance and/or in the deed of conveyance. 2.2 The City acknowledges and agrees that a billboard is located on the South 359th Street Parcel and that it takes the parcel subject to this encroachment, and the rights, if any, of the owner of the billboard to locate it on this Parcel. 3. Condition of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 3.1 The City has inspected and knows the condition of the Property and agrees to accept the Property in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, improvements of, and provision of recreational services at, the Property. 3.2 King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of King County is authorized otherwise. 3.3 The City acknowledges and agrees that except as indicated in paragraph 4.2, the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County. 4. Environmental Liability 4.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 4.2 Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the Property, or changing the use of the Property. 4 M-S ATTACHMENT A 4.3 Ifthe City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. Such notice shall in no event be provided more than 30 days after discovery. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. The parties acknowledge that if hazardous materials on the Property pose an imminent threat to human health or the environment emergency response may be required before the parties can agree on the responsibility for remediation. 4.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 5. Indemnification and Hold Harmless 5.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of King County, its officers, agents and employees in performing its obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred prior to the effective date of conveyance of the Property to the City, except to the extent that indemnifying or holding the City harmless would be limited by Section 4 ofthis Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. 5.2 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 5.3 The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred on or after the 5 fV\-~ ATTACHMENT A effective date of conveyance of the Property to the City, except to the extent that indemnifying or holding the County harmless would be limited by Section 4 ofthis Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. 5.4 Each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Property. 5.5 Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 6. Audits and Inspections 6.1 Until December 31, 2009, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. 8. Entire Agreement and Modifications 8.1 This Intergovernmental Agreement and its Exhibits sets forth the entire agreement between the parties with respect to the subject matter hereof. It may be supplemented by addenda or amendments, which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 6 tV\-l ATTACHMENT A 9. Duration and Authority 9.1 This agreement shall be effective upon signature and authorization by both parties. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance, but shall survive the conveyance and shall continue in force unless both parties mutually consent in writing to termination. 10. Notice 10.1 Any notice provided for herein shall be sent to the respective parties at: King County City of Federal Way King County Office of Open Space 201 South Jackson Street, Suite # 600 Seattle,WA 98104-3855 City of Federal Way Attn: Jennifer Schroder, Parks Dept 33530 First Way South PO Box 9718 Federal Way, W A 98063 IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Federal Way King County Executive City Manager Date Date Approved as to Form: Approved as to Form: King County Deputy Prosecuting Attorney City Attorney Date Date 7 1"\-1) ATTACHMENT A STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. name printed Notary Public in and for the State of Washington, residing at City and State My appointment expires STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. name printed Notary Public in and for the State of Washington, residing at City and State My appointment expires 8 M-t EXHIBIT A Legal Descriptions 1. South 359th Street Parcel f14.23 Acres]: That portion of the Southwest quarter of the Northeast quarter of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, lying Southeasterly of State Highway (Pacific Highway South) and Northeasterly ofM.E. Neal County Road (South 359th Street); EXCEPT that portion thereof described as follows: Beginning at the point of intersection of the Easterly line of State Highway and the Northerly line of said subdivision, which point is North 21°10'00" East 1,427.00 feet and North 89°43'00" East 53.62 feet from the center of said Section 29; Thence North 89°43 '00" East along said Northerly line of said subdivision a distance of 375.43 feet; Thence South 21°10'00" West parallel with the Easterly line of said Highway, 470.65 feet; Thence North 65°20'00" West 350 feet to said Easterly line of State Highway; Thence North 21 ° 10' 00" East along said Easterly line of State Highway, 312 feet to the point of beg inning. 2. Pacific Hh!hway Parcel [1/2 Acre]: The Southwesterly 65 feet of the following described property: Beginning at the point of intersection of the Easterly line of State Highway and the Northerly line of said subdivision, which point is North 21°10'00" East 1,427.00 feet and North 89°43'00" East 53.62 feet from the center of said Section 29; Thence North 89°43'00" East along said Northerly line of said subdivision a distance of375.43 feet; Thence South 21 °10'00" West parallel with the Easterly line of said Highway, 470.65 feet; Thence North 65°20'00" West 350 feet to said Easterly line of State Highway; Thence North 21 °10'00" East along said Easterly line of State Highway, 312 feet to the point of beginning. 3. School District # 210 Parcel [32.81 Acres]: That portion of the Southwest quarter ofthe Northeast quarter of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, lying Southeasterly of State Highway (Pacific HighwaySouth) and Northeasterly ofM.E. Neal County Road (South 359th Street); 9 fV\-lù EXHIBIT A EXCEPT that portion thereof described as follows: Beginning at the point of intersection of the Easterly line of State Highway and the NOliherly line of said subdivision, which point is North 21 °10'00" East 1,427.00 feet and North 89°43 '00" East 53.62 feet ITom the center of said Section 29; Thence North 89°43'00" East along said Northerly line of said subdivision a distance of375.43 feet; Thence South 21 °10'00" West parallel with the Easterly line of said Highway, 470.65 feet; Thence North 65°20'00" West 350 feet to said Easterly line of State Highway; Thence North 21 °10'00" East along said Easterly line of State Highway, 312 feet to the point of beginning. 10 M-H ~ King County IEJmDlIEm8 ~ ~ III!m8 0 Sele~1ed Features // Slreets Legend R,\ :: 5 ' Rn. ..."'. ,...,,:F.J :>'"'-' 5 .>:"~, "8 ""'f<>rO:d ,."'<=, c:'i u""""'-="'o" "'..,Ou,,,,' 5,>,"'" II . . . R8 R,>~m.:. ;¡.r~m....' 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'1 2" R=,:I-~'<" 2" OJ :e' .>:'" \~ \1 '.:,' .< "" '1""<1':",,, -'-'JJJ :':',"'" '>cor: ,formation included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice, ~ounty makes no representations or warranties. express or implied. as to accuracy, completeness, timeliness, or rights to the use of such lation, King County shall not be liable for any general, special, indirect. incidental, or consequential damages including, but not limited to. ,venues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on a is rohibited exce t b written ermission of Kin Count King County I GIS Center I NeINs I ~erviçg~ I <:;omments I ~arçt¡ By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site, 1h.Q._d"'J<J.iI~ f\/l-12-