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PRHSPSC PKT 01-12-2004 (]í~föíì;Federal Way CITY COUNCIL N SERVICES & PUBLIC SAFETY COMMITTEE 1. 2. CALL TO ORDER PUBLIC FORUM 3. 4. COMM]SSION COMMENTS APPROV AL OF DECEMBER 8, 2003 SUMMARY COMMJTTEE BUS]NESS 5. A. Consolidated Planning Process Information B. 2004 Arts Commission Work Plan Action C. King County Developmental Disabilities Grant Action D. Cultural Development Authority of King County Arts Contract Action E. Dumas Bay Centre, Knutzen Family Theatre Janitorial Services F. Code Amendment Updating Chapter 6, Criminal Code G. 2004 Parks and Recreation Commission Work Plan A11en-Mpyisi Faber Faber Faber Action Action Action Faber Richardson Schroder 6. PENDING ITEMS . Community Center . Hylebos State Park Transfer 7. 8. NEXT MEETING - February 9, 2004 ADJ OURNMENT 2003 Committee Members: Linda Kachmar, Chair Jack Dovey Mary Gates Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant 661-4041 City of Federal Way City Council }}ARKS, RRCREATJON, HUMAN SEnVJCES & )}UnJJC SAFETY COtJNCJL COMMJTnm Monday, December 8, 2003 4:00 p.m. SUMMARY In attendance: Council Committee members Chair Linda Kochmar, Jack Dovey, Mary Gates, Mayor Jean Burbidge, Deputy Mayor Dean McColgan Staff: David Moseley, City Manager, Pat Richardson, City Attorney, Karen Jorgenson, Assistant City Attorney, Anne Kirkpatrick, Director Public Safety, Angelina Allen-Mpyisi, Human Services Manager, Jennifer Schroder, Director, Parks, Recreation & Cultural Services, ;Mary Faber, Recreation and Cultural Services Superintendent, B Sanders Park Planning and Development Coordinator, Aaron Moe, Senior Services Coordinator, Mary Jaenicke, Administrative Assistant. Guests: CT Purdom, Parks Commission, Donna Welch, Regina Bigler and Iris Marshall, Arts Commission, Caitlin Johnson and Kelsey Tyler, Youth Commission, H. David Kaplan, Citizen, Chris Carrel Friends of the Hylebos Chair Kachmar called the meeting to order at 4:03 p.m. Schroder requested to add the Olympic View Playground - Purchase of New Play Equipment to the agenda. Dovey moved, Gates seconded to add item G to the agenda. Motion passed. PUULIC FORUM Chris Carrel. Executive Director of the Friends of the I-lylebos: Mr. Carrel stated he was in support of agenda item number five. The Friends of the Hylebos have reviewed the agreement and is in support ofil. He stated they are very excited about the potential to preserve 33 acres of prime habitat and have it .as open space. COMMlSSlON COMMl!:NT None Al)l)ROV AL OF SUMMARY Council members Dovey and Gates motioned to approve the November meeting minutes as written. Motion passed. nUSINESS 1'J'l~MS Youth Commission Update Ms. Johnson and Ms. Tylcr presented a short presentation to update the Committee on the activities that they have done so far. Gates suggested that these presentations happen on a quarterly basis, and at events to increase interest in having citizens apply for positions on the various commissions. She would like all the commissions to do these types of presentations. Chair Kochmar requested that the Youth Commission attend a Council meeting, and give this presentation. 2004 Arts Commission Contract for Services Proeram Ms. Faber reported that the Cultural Arts Contract for Services Program is a program of the Arts Commission that funds local arts agencies who offer cultural programs within the Community. The local arts agencies complete an application, the commission reviews the application, and interviews are held. Faber reported that every organization that applied for funding is receiving funding. Council member Dovey requested that in the future Council receive information in their packet showing how much funding the organization applied for, and the àmount of funding that is being granted. Deputy Mayor McColgan asked how the organizations are contacted to let them know that funding is available. Faber stated they work with the Coalition of Perf om ling Arts. Gates moved to recommend to Council a do pass to approve the recommended funding for the 2004 Contract for Services l) 'ogram and place before Council on January 6, 2004. Dovey seconded. Motion passed. Community Center 2% for Art Opportunities Ms. Faber reported that the Art Commission conducted three workshops to develop the conceptual framework and to determine and prioritize art opportunities. The Arts Commission worked with a public art consultant from the Cultural Development Authority of King County. There is an option I and an option 2. Arts Commissioner MarshaIJ stated the Arts Commission is recommending Option I. They felt a welcoming entrance was most I}ARKS, RKCRKATJON, HUMAN SERVICES & I}UULIC SAFETY COUNCJL COMMJTTK)<: Monday, December 8, 2003 Summary Page 2 important. If the second option is incorporated which is the exterior entrance, the primary focus would be the idea of paths and a water feature. Council member Gates stated that it was a consensus that her colleagues wanted a water feature, although she was not sure that an interactive feature was necessary. Mayor Burbidge stated that she is concerned about the ongoing maintenance and location of a water feature. Dovey stated he would like to see more of an emphasis on the inside interior. Schroder suggested putting out a prospectus for both options, this would give the City Council time to decide which option they would like. After discussion it was decided that a prospectus for both options would be sent out, the top two for each option would be brought back for Council to decide. Gates move to motion to recommend to Council a "do pass" to accept the items listed below and place these items before Council on December 16,2003: ]). Approve the estimated project budget of$270, 000. 2) Authorize staff to develop an artist Iwospectus for the Lead Artist clement for a estimated project budget of $] 40,000 in either the Exterior Entrance Lobby/Community Wing, or the Exterior Entrance. Dovey seconded, motion passed. Third Amendment to the SeaTac Mall Police Services Agreement ChiefKirkpatTick stated that this is a request to extend the contract with the SeaTac Mall with the City to provide police services. Thc City will provide two full-time commissioned police officers to work at the Mall. In 2003 Úle contract was adjusted to reduce the amount of hours that were provided to the Mall because the Mall was not in the position to pay their 50% share. In 2004 the City will provide full service for the Mall. Deputy Mayor McColgan questioned whether or not the need for police services is re-evaluated during the tenure of the contract. Chief Kirkpatrick answered that the hours would bc adjusted of when the officers work. They may overlap the Officers hours. He requested that these discussions take place during the planning process. Dovey moved to approve the authorization for the City Manager to enter into the Third Amendment to the SeaTae Mall Police Service Agreement, and forward this amendment to City Council for app."oval at the December 16,2003 City Council Meeting. Gates seconded. Motion passed. Catholic Community Serviccs After-Hours Voucher/Emcrgency Assistant J'rog."ams Ms. Allcn-Mpyisi reported that Catholic Community Services has submitted a grant amendment request to shift funding from their after hours program to the emergency assistance program. There has been a large increase in the need for the Emergency Assistance Program. The funds were expended as of November 1. Gates moved to app'"ove the Human Se,"viccs Commission's recommendation to amend Catholic Community Services 2003- 2004 Human Services After-Hours )."ogram contract and their Emergency Assistance Program contract, that will allow the ageney in 2003 to reallocate $1,578 from the After-Hours l}rogram to the Emergency Assistance Program, leaving a balance of $] ,000 in the After-Hours l)rogram, and to reallocate from the 2004 After- Hours Program grant awat"d, $2,000 to the Emergency Assistance Program, whereby the new contract amount for the After Hours Program in 2004 will be $3,000 and for the Emergency assistance Program will be $7,000. The Catholic. Community Services After-Hours and Emergcnc.y Assistance Programs 2003-2004 contract amendment item is to be fonvarded on to full City Coundl for their review on December 16,2003. Dovey seconded. Motion passed. Coopcrative Agreement Amon!!. City of Federal Way, King County and the Commencemcnt Hay Natural Resource Trustees Ms. Schroder stated that this is a valuable resource for our Community to have and protect. The purpose of the Cooperative Agreement is to identify the rights and responsibilities of the Parties regarding the West Hylebos Acquisition Property. King County will purchase the property from two funding sources. Those sources are the King County Conservation Futures and the Commencement Bay Natural Resource Trustees. The ongoing responsibility for maintenance and operation will be the City of Federal Way. The agreement will continue to allow stream restoration, and allow a trail system in the future. The estimated maintenance cost is $1,000 per year. Gates moved to recommend to Council a "do pass" to authorize the City Manager t.o sign the Cooperative Agreement among the City of Federal Way, King County and the Commenc.ement Hay Natural Resource Trustees regarding the West Hylebos Acquisition Restoration Project and to place this item on Council's December] 6 Consent Agenda. Dovey seconded. Motion passed. Olympic View Playground - I)urchase of New 1)lay Equipment Ms. Sanders reported that the Parks and Recreation Commission met with the neighborhood residents to determine the type of equipmcnt and components prcfcrred by area residents. The kids in the neighborhood are older, so there is more of an emphasis on the 5-12 year old range. The budget for this project is $50,000. The neighborhood group selected Northwesfl'layground Equipment as their top choice. Sanders reported that the company has a sales price ]) ARKS, IŒCJŒATJON, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMJTTKK Monday, December 8, 2003 Summary })age 3 during December that will a]]ow them to purchase more elcmcnts for a comparabJe price, with a savings of $5,985.00. The neighborhood wi]] help insta]] the playground. Gates moved to recommend a "do pass" authorizing the purchase of Playworld Systems play equipment in the amount of $43,561.50 and forward to full Council on December 16,203. Dovey seconded. Motion passed. ANNOUNCEMENTS None NEXT MEETING January 12,2004,4:00 p.m. in the Mt. Baker Conference Room ADJOURNMENT - Meeting adjourned at 5:22p.m. 5.A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: CC: December 29, 2003 ~ Angelina Allen-Mpyisi, Human Services Manager Kathy McClung, Director Community Development Kelli O'Donnell, CDBG Coordinator David Mos~ Manager Consolidated '¥I~~~ng Process Via: Subject: Background At the June 18, 2002 City Council meeting, Council directed staff to initiate the process that will assist the City to determine if it should withdraw from the King County. Community Development Block Grant (CDBG) Consortium at the end of the 2003-2005 term and return to direct entitlement status. This report will brief you on the activities underway that will assist the City Council in making a final determination of whether to continue with the King County CDBG Consortium or for the City to return to direct entitlement status. Consolidated Plan Process The Consolidated Þlanning process is the first step that the City of Federal Way must undertake before considering to become a direct entitlement City. The Consolidated Plan (CP) is a planning document used by cities, counties and states to identify housing, homeless, human and economic development needs for low-and-moderate income residents and to develop the long-term strategies to address them. The U.S. Department of Housing and Urban Development (HUD) requires any city seeking funding under a group of federal programs or becoming a direct entitlement to submit a CPo The CP also serves as the plan and application for funding under four HUD formula programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA). The City of Federal Way is only eligible to receive CDBG funds directly. The remaining entitlements will still be accessed through King County. . The CP consists of a 3-to-5 year strategic plan, annual action plan and annual performance reports. The plan will also contain: 1 \\-\ . A description of community involvement in the devélopment of the Plan. . An analysis of housing for low and moderate-income communities, homeless, and other special need populations. . An analysis of the health, economic and human development needs of low-and- moderate income populations. . . Identify the resources to meet the full spectrum of needs. . Describe the City's priorities and strategies to address housing, homelessness, economic and human development needs in a comprehensive and coordinated fashion. . Outline specific activities through which the objectives will be addressed. Consolidated Plans are done and or updated every five years. Action Plans that describe the allocation of funds and list funded projects are submitted each year. . Solicitation of Consultants Back in September 2003, staff solicited proposals and statements of qualifications from qualified individuals and consulting firms to prepare a CP plan for the City. After an extensive interview process., the firm of HuckelllWeinman & Associates was selected. The firm has significant experience in Consolidated Plan development as well as housing and community development. Nikki Parrott is the Project Manager and will lead the project team, including other Huckell/Weinman staff -Jacquelyn Stoner and Alex Cohen, and Betsy Czark of Betsy Czark and Associates. Betsy has worked for over 10 years as an urban planner, specializing in housing and human services. With their combined experience, the team brings over 40 years experience working in King County jurisdictions on a wide range of housing, human service and community development issues and projects. Developing the strategies for the Consolidated Plan will require consideration of: . Population demographics . Household demographics (i.e. household size, renters vs. homeowners) . Income and employment . Housing development, which will include the age of housing . Housing affordability . . Assisted housing . Housing condition . Homelessness . Housing and service needs of people with special needs . Human services . Public facilities . Neighborhood revitalization . Economic development 2 {\- L- . Fair housing . Barriers to affordable housing . Available resources Neighborhood Revitalization Strategy and Annexation The Department of Housing and Urban Development (HUD) requires cities to follow specific criteria to determine if a neighborhood is designated as a Neighborhood Revitalization Area. Designation as a Neighbqrhood Revitalization Area allows CDBG Capital funds to be used for public services that address measurable strategies for revitalization. . The consultants, through the review of available data and interviews with stakeholders, will analyze the potential for the Westway neighborhood to be designated as such an area. Based on the data and results of the research, the consultants will advise the City about how to proceed with such a designation. The research will provide information necessary for the consultants to identify the tasks and cost associated with formalizing a designation and developing appropriate strategies to be included in the Consolidated Plan. The consultants will also collect and analyze the data from the potential annexation areas, and assess what are the needs in those areas. . The initial work of the Consolidated Plan process has begun. There are several steps in the process some of which consists of data collection, the development of a Citizen Participation Plan, implementation of the Human Services Forum to engage the community, and interviews with individuals and agencies who represent a broad range of community perspectives on the development of affordable housing, community needs and a variety of other issues. Citizen Participation Plan The Citizen Participation Plan (CPP) is a general document that states how citizens will be involved in developing the Consolidated Plan and encourages the participation of low-and-moderate income people living in affordable, public and assisted housing, who live in neighborhoods and areas where CDBG, HOPWA, ESG and HOME grant funds might be spent. The Department of Housing and Urban Development (HUD) requires that citizens, nonprofit organizations and other interested parties must be allowed adequate opportunity to review and comment on the plan. Refer to Attachment I for the proposed CPP schedule. The CPP encourages public participation by holding public hearings at all stages of the planning process. The Human Services Forum is seen as one of the public venues to encourage citizen involvement. The CPP must be made public and after public review/comment, the plan must be adopted by City Council. The CPP is expected to be presented for Council approval by the end of February or early March 2004. 3 ~-~. Human Services Forum In 2002, the Human Services Commission sponsored a forum that brought together human services providers to discuss human services issues. This year, the Human Services Forum is linked to the Citizen Participation Plan and a broader audience will be invited (i.e. residents, faith-based community leaders, human services providers), to obtain their input regarding the housing, human services, economiç and community development issues affecting Federal Way's low-and-moderate income residents. The event is scheduled for Monday, February 23,2004 and will be held from 5:30 - 8:00 p.m. The location is still being determined. The format of the forum will consist of three key objectives: . Discuss what are the existing human-services, housing, economic and neighborhood issues effecting low-and-moderate income residents here in Federal Way. 4Þ Inform citizens of the Consolidated Plan development process and how their input can help sh~pe the plan. . Provide information regarding what services- are presently funded with Community Development Block Grant (CDBG) and Human Services General Fund monies and determine if the priorities actually reflect the current needs in Federal Way. - Questions will be designed around four broad topics: 1) Housing, 2) Neighborhood/Capital Facilities, 3) Human Services and 4) Economic Development. Discussion will be 20 minutes in length and people will have the opportunity to rotate to a different table at the conclusion of the 20-minute discussion. Human Services Commissioners will facilitate the discussion in small working groups and at the end of the forum will report the top 3-5 main strategies to consider for the Consolidated Plan. Staff is developing an attendee's list of people who will be invited to this event. "Save the Date" notices will be mailed out the week of January 12th asking people to hold February 23rd on their calendars. Formal invitations will be mailed the last week in January. - Moving forward Attachment" is the copy of the Entitlement Timeline for your review. It lays out for you the steps that will be taken over the course of the next couple of years. We expect to complete a draft of the Consolidated Plan in July 2004 and anticipate a final copy that would be presented to the full City Council in the fall of 2004. In the first quarter of 2005, staff will begin to evaluate the City's continued participation in the King County CDBG Consortium and/or recommend to the Human Services Commission and City Council that the City return to direct entitlement. If City Council approves the recommendation to move towards direct entitlement status, the City will need to notify King County and HUD by late spring 2005 and submit the adopted Consolidated Plan to HUD by November 15, 2005, in order for us to have a January 1, 2006 start date. However, if there is a determination that the City remains in the King County CDBG- 4 f,\-4 Consortium for another 3 years, this decision will also have to be made by May/June 2005. Should the City remain in the Consortium, the Consolidated Plan would be the guiding document that will assist the City in allocating our CDBG and Human Services General Fund monies because our existing Human Services Comprehensive Plan is out dated. The proposed new Human Services Consolidated Plan will provide information specific to Federal Way's needs while the King County Consolidated Plan will provide useful information on regional activities supported by the County. I look forward to briefing you further on this new activity. If you have any questions before your meeting, please contact me at 253-661-4039. 5 f\-5 ATTACHMENT I CITIZEN PARTICIPATION 2003-2004 SCHEDULE Late December 2003 Draft the Citizen Participation Plan January 5, 2004 Staff review of CPP January 26, 2004 Present draft packet to Human Services Commission Week of January 26th through mid -February 2004 Public Review of the CPP (Mail to non-profits, on web page, in library etc., notice in paper) Mid February 2004 PRHSPS Council Committee presentation Late February or early March 2004 Council presentation (and hopefully, adoption) Citizen Participation . Meetings! February 23, 2004 Humans Services Forum March 2004 Focus group meeting Summer 2004 Public hearing on the plan - this could be a separate meeting or a public hearing can be held when Council adopts the plan ~-~ All /J +- , 'f a GP1 fY\-ef1 _~{L Entitlement Time Line - Draft May 2003 Task 2003 2004 2005 2006 1 at atr 2nd atr 3rd atr 4th atr 1 at atr 2"u 3rd atr 4th atr 1at atr 2nd atr 3rd atr 4th atr atr Identify Citizen Oversight Committee Issue RFQ for Consolidated Plan Select Consultant Consolidated Planning Process/Citizen Participation Update CDBG Strategies following a Needs Analysis/Housing Assessment Review Updated K C Cons. Plan & Cont. Gathering Info Agencies/Com. Update Human Services Comp Plan in Consolidated Plan Format Adopt Human Services Comp Plan/Consolidated Plan Evaluate Participation in the King County CDBG Const. vs. Entitlement Notify King County/HUD in CDBG Consortium or Return to Entitlement Submit Consolidated Plan to HUD if Returning to Entitlement ~ Begin 2006 as Entitlement or Cont. in CDBG Consortium for 3 years I I &:' S.B CITY OF FEDERAL VýAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: January S~ 2004 PRHS}}S Council Committee á } Mary Faber, Recreation and Cultural Services Superintend~ r. David sel i Manager 2004 Arts Co miss on Work Plan To: From: Via: Subject: Baekground: The Arts Commission held a retreat in November to develop the proposed 2004 Work Plan and approved the Work Plan during the Decembcr 4,2003 Commission Meeting. Primary work elements of the Plan include managing the City I-la1l and Community Center 2% for Art programs; updating the Cultural Plan; developing a public art strategy for public art works and programs; and maintaining on-going programs. The Work Plan is reflective ofthe adopted 2004 budget. The proposed Work Plan and approved budget are attached for review. Members of the Arts Commission will be at the Council Committee meeting to provide additional information. Committee Recommendation: Motion to recommend to Council a "do pass" to authorize thc 2004 Work Plan and place before Council on January 20,2004 agenda for approvaL APPROVAL OJ" COMMITnm nEPORT: Committce Member Commit.tee Member Committee Chair i:/councilinfo/2004/acworkplanJ .04 ~-\ 1. City of Federal Way Arts Commission 2004 Work Plan Public Art Committee A. Maintain City Hall Exhibits and Knutzen Family Theatre Gallery. . Schedule artists for both galleries for 2004 City Hall Gallery: 5 shows. including the Arts Alive Juried Show Knutzen Family Theatre: 4 Shows Timeline: Artists scheduled by Jan. 15, 2004 (8 Organize volunteers to assist in installing and removing exhibits Timeline: On-going B. Sponsor Alive in the Arts Juried Art Show. . Develop Artist Prospectus Timeline: July, 2004 (8 Distribute Prospectus Timeline: August, 2004 . Install the Exhibit, Co-Host Arts Harvest Reception w/Programs Committee for participating artists, Contract for Services recipients and City Council. Timeline: October, 2004 C. Explore opportunities for a collaboration with the Diversity Commission to implement an art exhibit honoring diversity in 2005. . Time/ine: August, 2004 D. 2% for Public Art Program (8 Review and Recommend to Council conceptual design for City Hall 2% for Art Program Time/ine: March 2004 (8 Host dedication of City Hall Art work (may coincide w/Art Harvest Reception) Time/ine: October, 2004 . Convene selection panel for Community Center Project Lead Artist Timeline: February, 2004 . Recommend lead artist/s for Community Center Project to City Council Timeline: March, 2004 . Develop priorities and themes and concepts for Artist Made Building Parts Program for Community Center Project. . Time/ine: September, 2004 I ~-L 2. A. 3. E. Develop a Public Art Strategy . Review the outdoor gallery program implemented in 2000 to consider re-Iaunching the program in 2005 with revised guidelines, management and budget. Timeline: June, 2004 . Develop a proposal for the feasibility and potential implementation of an historical artwork project at Dumas Bay Centre. Timeline: October, 2004 Cultural Outreach Committee Knutzen Family Theatre Arts Community Feedback . Attend F.W.C.P.A. and get feedback from user groups concerning the facility, poli~ies and pricing Timeline: February, 2004 . B. Develop on-going advocacy with the Council abou~ Arts Commission programs and projects. . Update Council Committee during regularly scheduled meetings Timeline: Àttend Council Committee Quarterly C. Update annual informational Arts Commission brochure. Time~e:PootmMaæ~2004 D. Publish semi-annual newsletter. Timeline: Spring-Summer Edition mailed in March, 2004 Fall/Winter Edition mailed in September, 2004 E. Organize attendance Chamber meetings and bring promotional items for display. Timeline: Monthly as scheduled. F. Submit information for the cultural calendar page on a quarterly schedule for Recreation Brochure. (Requires access to pc and email) Timeline: Quarterly to coincide with the production of the Recreation brochure. G. Update the bulk mailing list for the Arts Commission,. Timelin€!: June, 2004 . . Programs Committee A. Sponsor Events at the Knutzen Family Theatre. . Co-host a Winter Concert. Distribute promotions, provide assistance with ticket sales and ushering. Timeline: Concert to be held in February, 2004 2 'ß -::3 4. II Co-Sponsor King County Performance Network Events at the Knutzen Family Theatre. Assist with promotions, ticket sales, ushering. . . Timeline: Two Concerts to be held March-April 2004 18 Assist with promoting events, ticket sales and ushering at the Knutzen Family Theatre. Timeline: Year round B. Co-Host Arts Harvest reception with Public Art Committee for Contract for Services Recipients, Artists and City Council. Timeline: October, 2004 C. Red, White and Blues Festival: . Review and develop new ideas for Artists in Action area. Timeline: Finalized by March, 2004 . II Develop the idea of an integrated public art project at the event. Timeline: Artists selected and ideas finalized by March,2004. D. 2004 Contract for Services Program. . Develop Update application guidelines. Timeline: Programs Committee review June, 2004 . Publish new guidelines. Timeline: August 2004 II Review applications and make recommendations for funding to Commission. Timeline: Review applications in October-November approve at Commission Meeting in December, 2004 E. Continue involvement and funding support of the Summer Sounds on the Beach Concert Series. Schedule Commission members to attend Concerts. Timeline: Summer, 2004 F. Partner with Knutzen Family Theatre and in offering drama/musical theatre summer programs for youth in Federal Way. Timeline: July, 2004 Special Projects A. Cultural Plan Update: ,. Schedule a retreat to draft the priorities of the cultural planning process. Timeline: January, 2004. II Identify consultant or firm to facilitate drafting the new plan. Timeline: February, 2004 ' ,. Review draft plan with Commission. Timeline: June, 2004 k:/artscom/retwkpln/wkplnO411.18.03 3iß-~ Part -Time Sta Office Supplies Books, Maps, Periodicals Operating Supplies Food & Beverage Consultants Per Diem and Meals Conference and Semina $550.00 $250.00 $75.00 $250.00 $200.00 $1,225.00 $400.00 $800.00 $300.00 $20Ú.00 001 7200 352 573 23 Summer Arts Alive Camp Exhibit Stipends & Materials King County Performance Network (Dance) Knutzen Family Theatre Concert Series New Program Contracts N ewsletter/FI iers/Promotion Public A Receptions Red,White & Blues Festival Scholarships Summer Sounds on the Beach Summer Muscial Theatre Outdoor Sculpture Exh. Cultural Plan Council Allocation/Contract For Services $500.00 $1,000.00 $500.00 $1,900.00 $1,000.00 $7,500.00 $7,000.00 $400.00 $8,450.00 $2,000.00 $1,000.00 $2,000.00 $5,000.00 N/ $2,700 4 ß-s S.C CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: January 5, 2004 ~... ~ PRHSPS Council Committee (' Mary Faber, Recreation and Cultural Servic S perintendent David Mose y, Ci Manager King Cou mental Disabilities Grant Back2round: The Parks, Recreation and Cultural Services Department applied for and received a grant for programs for individuals with disabilities !Tom the King County Developmental Disabilities Division. Funds !Tom this grant allow the City to offer programs specifically designed for individuals with disabilities, such as Horticulture, Swimming and Fitness programs. This is an opportunity for the City to help serve low-income families and promote health, fitness and wellness. ' The grant amount is $4,200 for the period of service between January 1, 2004 and December 31, 2004. The funds will be used either to offset program fees, or enable people to participate completely !Tee. They will also be used to pay necessary staff or one to one assistants, pay facility fees (for example, pool fees) and some program supplies. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the grant for $4,200 and authorize the City Manager to enter into an inter-local agreement with King County and to place this item before Council on January 20,2004. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member i:/councilinfo/2004/kcddgrantl.O4 L:-\ . ... .-./ RECEIVED BY CðMMUNrrY DEVELOPMENT DEPA~iMENT King County Contract No. DEC 222003 Federal Taxpayer ID No. D33263D 91-1462550 ".";~ . Department/Division Community and Human Services/Developmental Disabilities Division Agency City of Federal Way Project Title Developmental Disabilities Contract Amount $ 4,200 Fund Code January 1, 2004 To 0107 December 31,2004 Contract Period From: KING COUNTY AGENCY SERVICES CONTRACT - 2004 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Federal Way, whose address is P.O. Box 9718, Federal Way, WA 98063, (the "Agency"). WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY FEDERAL Federal Catalogue No. STATE $4,200 01/01/04 to 12/31/04 TOTAL $4,200 01/01/04 to 12/31/04 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 14797. This form is available in alternate formats for people with disabilities upon request. C:L City of Federal Way Page 1 of 18 2004 Contract NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: . I. II. III. IV. City of Federal Way EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ~ ~ ~ Certificates of Insurance/Endorsements General Requirements Family Support Community Service Grant Attached hereto as Exhibit I Attached hereto as Exhibit /I Attached hereto as Exhibit /II DURATION OF CONTRACT This Contract shall commence on the 1 st day of January 2004, and shall terminate on the 31st day of December 2004, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 10 workinq days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 45 days after a complete arid accurate invoice is received. B. C. The Agency shall submit its final invoice and all outstanding reports within I days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. . OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. &3 Page 2 of 18 2004 Contract V. VI. VII. VIII. City of Federal Way INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. C. AUDITS A. If the Agency expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County their response and corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan. B. If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VILA. . C. Additional audit or review requirements may be imposed on the County from time to time, and the Agency will be required to comply with any such requirements. VALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. Th~ COunty will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. c:-y Page 3 of 18 2004 Contract IX. . X. City of Federal Way B. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit. by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evatuation process. The results and records of said evaluations shall be maintained and disclosed in accordance 'with RCW Chapter 42.17. C. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: ' A. The County will notify the Agency in writing of the nature of the breach; The Agency shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; In the event that the Agency does not respond within the appropriate time. with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI. B; C. D. In addition, )he County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corr~ctive action has been taken or completed; and Nothing herein shall be deemed to affect or waive any rights the parties mç:Jy have pursuant to Section XI, Subsections A, B, C, D, and E. E. ASSIG N M ENT ISU BCONTRACTI NG A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. B. C--5 Page 4 of 18 2004 Contract XI. XII. XIII. City of Federal Way TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty (30) days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI. B. (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. C. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. If County expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. D. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. The Agency may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. HOLD HARMLESS AND INDEMNIFICATION A. In providing services pnder this Contract, the Agency is an independent Contractor, and neither it nor. its. officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and c..~ Page 5 of 18 2004 Contract City of Federal Way compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County and the State of Washington, their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any. reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Agency shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs s~a" be recoverable from the Agency. The County shall protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extends to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. D. E. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify King Count as detailed in Section XVII, Subsection B of this Contract, the Agency shall protect, defend, indemnify, and hold harmless King County it officers, employees and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from the negligent act or omissions of L-l Page 6 of 18 2004 Contract XIV. City of Federal Way F. the Agency's subcontractor its officers, employees, and/or agents in connection with or in support of this Contract. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this contract. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems ap.propriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions c~~ Page 7 of 18 2004 Contract City of Federal Way coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insuran'ce Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. 5. Stop Gap/Employers Liability C. Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: 1. General Liability: $1.000.000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2.000.000 aggregate limit. Professional Liability, Errors, and Omissions: $1.000.000 per claim and in the aggregate. 2. 3. Automobile Liability: $1.000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. Workers' Compensation: Statutory requirements of the state of residency, 4. 5. Stop Gap/Employers Liability: $1,000,000 D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions L-~ Page 8 of 18 2004 Contract City of Federal Way The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liabilitv Policies Except Professional and Workers Compensation a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. 2. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. All Policies c. F. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus sizeVlI1. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency.shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coveraqe H. The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each c.--\ 0 Page 9 of 18 2004 Contract xv. City of Federal Way subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. ,. Municipal or State AQency Provisions If the Agency is a Municipal Corporation' or an Agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self- . insurance shall be attached hereto and be incorporated' by reference and shall constitute compliance with this Section. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment and Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. B. Nondiscrimination in SubcontractinQ Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Compliance with Laws and ReQulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, KCC 12.17, RCW Chapter 49.60, Titles VI, VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoråtion Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("MIWBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including MIWBEs: &\\ Page 10 of 18 2004 Contract E. F. City of Federal Way 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses, attempting to do business in King County, including MIWBEs, on solicitation lists, and providing written notite of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including MIWBEs. 4. Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including MIWBEs. 5. Providing small businesses, including MIWBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including MIWBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified MIWBEs. Contact OMWBE office on- line through their web site at www.wsdotwa.Qov/omwbe or at 360-763-9693. Equal Emplovment Opportunity. The Agency will implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance. Fair Employment Practices. King County Code Chapters 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; (,-\2- Page 11 of 18 2004 Contract City of Federal Way G. 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; 3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4. Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 5. Employer, employment agency or a labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; . 6. Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. Record-Keepina Requirements and Site Visits The Agency shall maintain, for at least six (6) years after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and &15 Page 12 of 18 2004 Contract H. 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract, for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. . Reporting I. City of Federal Way 1. The Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this contract a Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. 2. Subject to the provisions of KCC Chapter 12.16.060, the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted. The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an affidavit of compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCG Chapter 12.16 in accordance with paragraph A of this Section XV. The Agency shall complete the affidavit of compliance provided by the County and attach the original, notarized, completed form to this Contract. Subject to the provisions of KCC Chapter 12.16.060, the Agency's affidavit of compliance shall be effective for two years after the date on which the report was submitted. If the Agency engages in unfair employment practices as .defined above, remedies as set forth in KCC Chapter 12.18 shall be applied. The Agency will complete all reports and forms (including Department of Social and Health Services non-discrimination forms, where applicable) provided by the County and will otherwise cooperated fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. C--)y Page 13 of 18 2004 Contract XVI. XVII. xv III. XIX: City of Federal Way SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the Americans with Disabilities Act ("ADA"). The Agency shall complete a 504/ADA Assurance of Compliance, and it is attached as an exhibit to this Contract and is incorporated herein by reference. SUBCONTRACTS AND PURCHASES A. The Agency will include the above Sections IV, V, VI, VII, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. A. The Agency covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. If the Agency violates the provisions of Subsection XVII. or does not disclose other interest required to be disclosed pursuant to KCC Chapter 3.04, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a material breach of this Contract and grounds for termination pursuant to Section XI. above, as well as any other right or remedy provided in this Contract or law. B. POLITICAL ACTIVITY PROHIBITED None of the'funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat. of any candidate for public office. vIS Page 14 of 18 2004 Contract xx. XXI. XXII. XX III. City of Federal Way EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $1,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. ' The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. C. D. The Agency will admit County staff to the Agency's premises' for the purpose of marking such property with County property tags. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. E. NOTICES Whenever this Contract provides for notice to be provided by one (1) party to another, such notice shall be: A. B. In writing; and Directed to the chief executive officer of the Agency and the director of the County department specified on page one (1) of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall hot apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. L-'~ Page 15 of 18 2004 Contract XXIV KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible. the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use . recycled/recyclable products wherever practical in the fulfillment of this Contract. XXV. ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44,69.54,70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVII. CONFIDENTIALITY The agency agrees that all information, records, and data collected in connection with this contract shall be protected from unauthorized disclosure in accordance with applicable state . and federal law. XXVIII.. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency L-)l City of Federal Way Page 16 of 18 2004 Contract City of Federal Way B. C. 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health information other than as provided for in this Contract. 2. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protect health information by the Agency in violation of the requirements of this Contract. The Agency agrees to report to King County any use or disclosure of protected health information not provided for by this Contract of which it becomes aware. 4. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164-526. 7. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County" compliance with the privacy rule. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 528. 9. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon 2. L-) <6 Page 17 of 18 2004 Contract notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY King County Executive FOR Date Authorized by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING A TIORNEY October 31, 2003 City of Federal Way CITY OF FEDERAL WAY Signature Name (Please type or print) Date L-1, Page 18 of 18 2004 Contract '", ,.. ':.. ",' ,c,'" ,::,:':'""":""';i,,,';,,':':"t:~:;;.,:,:,.{¡::,{;, ,. " ¡ ,," ,;" ',,~' '.:':~ '::":"+:::';'::::GIf;f':'Sf'" """"?~",,': :"GIQN' Exhibit I ê~ìtt ~~r;~~~~i¡t" , .'., , " i:,"". "C¥!\,.;~I~~~1e J¡jW,', """"""."',..,,...',:., "".~"....:"",~""""""""""/-"""¡,,,,"',,:,,,.,.",..':':' "::!::""'i":",',:,;'1,~~';!'.",';."",.":,,,"',:,,,":::':::" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT ~MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW. WASHINGTON INSURANCE SERVICES, INC. 18106 14Oth AVENUE N.E. ' V E D WOODINVILLE, WASHINGTON 98072-6874 '.' "'" ¡ ¡ '" "L' t ")M? PHONE (425) 482-6767 FAX (425) 482-2777')'¡ , ' .. ,.n GENERAL LIABILITY ST PAUL FIRE & MARINE INSURANCE COMPANY AUTOMOBILE LIABILITY ST PAUL FIRE & MARINE INSURANCE COMPANY PROPERTY ST PAUL FIRE & MARINE INSURANCE COMPANY CRIME I PUBLIC EMPLOYEE DISHONESTY I BOND ST PAUL FIRE & MARINE INSURANCE COMPANY CITY OF FEDERAL WAY A MEMBER OF CITIES INSURANCE ASSOCIATION OF WASHINGTON P.O. BOX 9718 33530 FIRST WAY FEDERAL WAY, WA 98003-6210 "" , . , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE'O'",'N"S"U"ft..tü;:"i=,' ':":"""p'o"t"'C'Y'N"U"'Y'"8't:'R";"""O"l"'C"y"E'E':a:C'T"VE"':'P"Ni""\~" """"""¡'¡u""'.":"')':'<'~:""'~"'::'£:;"";""'i','"""'I'TS""" ..", ".. .. ",r.: """~ooi:'~..l,::,)'~:..,:"",,' """,;:,',:I:,"",;""J!,,'" ,~"".",~",.',,;,,;I,~~~¡'i'/'~,,;::\;',¡,¡:,¡~;¡:,~:,,¡;"¡!:"~,:,:r:'<a¡,",:,,:~,";i','¡'\,:,'.', " ':" ¡;;:'¿';:.~i';,i:~;;:'{¡":K>;::":::':;::'::", <,"""';' ,,):':~~;;~:~,d:i;¡~~!:;::~:\;';",.~~I~::,';:::r;;:~(::i::": '~, ;!~:::'::,:;"){;;::,"",<');j~i't;~i;;:;j,;~¡::~~:;;;:~, ,::,;~~i:';,;:!~¿:L;:,'::;;;,;;;~, ',,;;'~::, '" '. GÈNÈRÄt.):i~Q!,"J~r:\\~'/i;:":,,;/T'"~ì'~!; ",: :~'}i';;~I/;:~;;';?';;':~~!',?,n;z:~~:;:.?'f.i~\':"":~'i~il~:~r:::~,,~y¡,',,\~~:::i;~~'p,'f!~Wi~:e,~~~~¡~i:;~!:{~':',"~~~\i:::t:;f~'::V~,": "~. " ' COMMERCIAL GENERAL LIABILITY GP06301432 9/1/2003 9/1/2004 GENERAL AGGREGATE $20,000,000. OCCURANCE FORM PERSONAL & ADV. INJURY $10,000,000. INCLUDES STOP GAP , EACH OCCURRENCE $10,000,000. 'Ii. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED BUT ONLY AS RESPECTS THE CONTRACT #D32540D INCLUDING THE FAMILY SUPPORT EXTENSION GRANT AND ARE SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS AND PER THE ATTACHED ADDITIONAL INSURED ENDORSEMENT. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. ' KING COUNTY - DEVELOPMENTAL DISABILITIES DIVISION 821 SECOND AVENUE. SUITE 400 SEATTLE, WA 98104 ITN: CLIFF FLOBERG &20 TheSt Paul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. . This endorsement changes your Public Entity Liability Protection Pooling Groups - Excess of Self-Insured Retention. How Coverage is Changed The following-is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person when required by a written contract for insurance. Any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person. But only for covered injury or damage arising out of: . premises you own,lease or borrow; or . your work for that person or organization. Any person or organization that you agree in a written contract of insurance to add as an additional protected person under this agreement is also a protected person for covered injury or damage arising out of your completed work for that person or organization. But only if the written contract for insurance specifically requires such completed work coverage for that person or organization and only for the period of time such completed work is required in the written contract for insurance However, no person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person for injury or damage arising out of its sole negligence. In addition, any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person only for the lessor of:. . . the limits of coverage required by the written contract for insurance; or . the limits of coverage available for this agreement. Written contract for insurance means that part of any written contract or agreement in which you agree to add a person or organization as an additional protected person under this agreement that: . was made before; and . is in effect when; Name of Insured Cities. Insurance Association of Washington Policy Number GPO6301432 Processing Date 8/27/2003 Effective Date 9/1/03 40502 Ed. 1-80 Printed in U.S.A. @St. Paul Fire and Marine Insurance Co. 1980 Customized Form Page 1 of 2 L-~\ 1heSt Paul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. This endorsement changes your Public Entity Liability Protection Pooling Groups - Excess of Self-Insured Retention. the bodily injury or property damage happens, or the personal injury or -advertising injury offense in committed. Additional protected person may also be called an additional insured in the written contract for insurance. . We explain the term your work and your completed work in the Products and completed work total limit section. Other Terms All other terms of your policy remain the same. Name of Insured Cities Insurance Association of Washington Poli~y Number Processing Date GP06301432 8/27/2003 Effective Date 9/1/03 40502 Ed. 1-80 Printed in U.S.A. @St. Paul Fire and Marine Insurance Co. 1980 Customized Form Page 2 of 2 &22- &23 EXHIBIT II CITY OF FEDERAL WAY General Requirements - Projects I. WORK STATEMENT A. Board of Directors B. 1. Operate in accordance with Section XX, Board of Directors of the Standard Contract. 2. The board's membership roster, copies of the bylaws and minutes of meetings of the past year shall be available for review. 3. The board shall approve the Agency's annual budget, and there shall be board oversight of fiscal operations. Aqency Administration 1. The Agency shall have current organizational charts describing administrative lines of authority and containing the position titles of program staff. 2. The Agency shall maintain a job description for each position within the organization, detailing duties and responsibilities. 3. The Agency shall have a written statement describing the mission of the organization. 4. Appropriate Agency representatives shall participate in meetings scheduled by the County concerning County or State requirements. 5. The Agency shall have on file all appropriate certificates and licenses in order for the Agency to operate as required by State or local law, rule or regulation. II. INDIVIDUAL HUMAN AND CIVil RIGHTS PROTECTION A. CITY OF FEDERAL WAY EXHIBIT II The Agency shall protect individual human and civil rights by its actions and by having written policies which address, at a minimum, the following: 1. If providing a direct service, there shall be an appeal/grievance process when a participant or his/her guardian disagrees with an Agency decision. This appeal/grievance process shall ensure that a. All conflicts are negotiated, b. A mediation process is available upon request using someone unaffected by the outcome, c. The individual may be represented by an advocate. 2. Protecting participants from exploitation, neglect, and abuse while receiving services. 10F6 2004 CONTRACT G-2, 3. 4. CITY OF FEDERAL WAY EXHIBIT \I " a. Comply with Washington State law requiring background checks as required by (RCW) 43.43.830 -:- RCW 43.43.845 and Washington Administrative Code (WAC) 388-06 on all employees and volunteers providing direct service to persons with development disabilities. The criminal background check shall be completed prior to any employee or volunteer having unsupervised access to participants except as provided for in WAC 388-06-0500 - WAC 388-06-0540 that allow the Agency, for any new hire for whom the results of the Federal Bureau of Investigation (FBI) background check are pending, a one hundred twenty-day provisional hire. A copy of the completed and current background inquiries on each employee and volunteer shall be maintained in the Agency's records. Criminal history background checks performed by DSHS/DDD expire in 3 years and Washington State Patrol checks expire in 2 years from the date the check was made. Either background check is acceptable. b. Policy and procedures for Mandated Reporters, which includes' all' staff and volunteers, shall be in accordance with RCW 46.44, RCW 74.34 and DSHS/DDD Policy 5.13 Protection from Abuse. a. Report any suspected instance of abuse, neglect or exploitation to local law enforcement and Children's Protective Services or Adult Protective Services as appropriate. Suspicion of abuse, neglect or exploitation that did not occur during the course of receiving services, shall be immediately reported. b. c. For any suspected physical or sexual abuse, or a potential life threatening situation, immediately call 911. d. If the Agency serves children, ensure that all staff and volunteers are aware of the special statewide phone number, 1-800-562-5624, for mandated reporters. e. If the Agency serves vulnerable adults as defined in RCW 74.34, the Agency shall ensure that all staff and volunteers are aware of the special statewide phone numbers for mandated reporters. Call 1-800-346-9257 if the individual lives in his/her own home or ,if the suspected perpetrator is a family member or visitor to a licensed living facility. For suspected abuse that occurs in a facility by a staff member, call 1-800-562-6078. Provide for staff intervention in the most dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. a. If the Agency serves children, it shall implement a policy to include the prohibition of any form of corporal punishment which includes biting, jerking, shaking, spanking, slapping, hitting, kicking or any other means of inflicting physical pain to the child being served. This policy shall be followed by procedure outlining appropriate staff interventions in the most dignified, age- appropriate manner necessary in all situations, including instances when a 20F6 &2::J 2004 CONTRACT CITY OF FEDERAL WAY EXHIBIT II 5. 6. 7. 8. participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. b. If the Agency serves adults, all interventions shall meet the requirements of DSHSIDDD policies 5.14, Positive Behavioral Supports, 5.15 Use of Restrictive Procedures, and 5.17 Physical/Manual Intervention Techniques issued under authority of RCW 71.A. Personnel policies shall include disciplinary consequences for staff members for violation of civil rights. . Ensure client confidentiality of records, including the provision of release of information and an employee oath of confidentiality. Policy should be in accordance with WAC 388.01 and DSHS/DDD Policies Client Rights 5.06 and Public Disclosure of Records and Safeguarding of Confidential Information 13.01, and Section XXIX Compliance with the Health Insurance Portability Act of 1996 of The Standard Contract. The Agency shall provide each client and/or family or advocate, as appropriate, who is receiving the service, an orientation or other informational material in which the following are explained: a. Participant rights b. Grievance/complaint procedures c. A description of what the recipient may expect through participation in the Agency's services. The Agency shall provide this information in a written document. The Agency shall agree to allow the Washington Protection and Advocacy System, Inc. (WPAS) access to investigate alleged incidents of abuse, neglect; and rights violations of persons with developmental disabilities as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 1975, 42 U.S.C section 6000 and 45 DFR 1385-86. a. To comply with laws and the DSHSIWPAS Access agreement of 2000, and DSHS/DDD Policy 1304 WPAS Access to Client Records maintained by ODD, by providing WPAS Access to the records of individuals. with developmental disabilities for the purpose of monitoring, advocacy, investigation of alleged violations of rights, abuse, neglect, abandonment, or exploitation. b. All participants shall be provided uncensored access to writing material, WPAS' address (315 Fifth Avenue, Suite 850, Seattle~ WA 98104) and toll- free telephone number (1-800-'562-2702 or 206-324-1521), a stamped envelope and/or access to a telephone for private conversations. c. Agree to notify King County Developmental Disabilities Division (KCDDD) within 3 working days, of any request from WPAS to access its programs, records or clients. 30F6 C-L..-lv 2004 CONTRACT B. 9. The Agency shall maintain documentation to demonstrate that all staff is knowledgeable of and trained in the implementation of items above. The Agency retains the right to turn down new referrals. The Agency also retains the right to terminate services to individuals for cause. 1. The Agency shall have written policies which reflect their referral acceptance policies and termination policies. 2. The policies shall describe reasons which may lead to rejection of a referral or termination of current service to an individual. 3. The policy shall contain procedures for appeal on behalf of existing or potential clients. III. SERVICE DELIVERY A. B. C. D. Services purchased by the County are restricted to King County residents who have been declared eligible by the State Division of Developmental Disabilities (DDD) Field Services in accordance with WAC 388. . Services shall be based on the values and principles of integration and increased independence, as stated in The County Guidelines, and the authorized service being purchased by the County. The Agency shall cooperate with Region 4 Field Services and the County in any efforts to increase access to services for communities of color and to deliver services in a culturally and lingUistically appropriate manner. The Agency shall coordinate services and resources, as appropriate, to meet the needs of individuals served by the Agency in order to complement and maximize available resources. IV. REPORTING AND EVALUATION REQUIREMENTS A. B. Attàchment B Family Support Community Service Grant Manual 1. Attachment B, which includes the billing invoice and participant activity sheets are due on or before the 10th working day after the close of the calendar month in which the services were delivered. However, the reports for the months of June and December are due on or before the 4th working day of the following month. 2. The invoice shall be submitted according to the process and format specified by the County. The Agency shall review the documents for accuracy and completeness prior to submitting them to the County. ' The Agency shall report any injury or accident, which requires more than simple first aid, and any extraordinary incident that requires intervention by the Agency, to the caselresource manager for the individual involved and to the County Developmental Disabilities Division Program' Manager. This includes serious physical or emotional harm or potential harm. 1. The initial report may be done through documented telephone calls to the County Program Manager and the DSHS/DDD case manager. CITY OF FEDERAL WAY EXHIBIT II 40F6 &~\ 2004 CONTRACT 2. The Agency shall submit a written follow-up report within 10 days to the County Program Manager and to the DSHS/DDD case manager. The report to the County Program Manager may be submitted by email, facsimile (FAX) to 206-905-1632 or by mail to 821 Second Avenue, Suite 400, Seattle, WA 98104. 3. Serious and emergent incidents shall be handled in accordance with DSHS/DDD Policy 12.01 Incident Management. C. If the Agency is providing direct services to an individual and/or family, a file shall be maintained for services billed to King County containing current medical information (medications, diet, allergies, etc.) needed during the hours of service. D. The Agency's attendance records and/or service delivery records shall document all services billed to King County. E. The Agency shall submit, when required by the County, Corrective Action Plans and Corrective Action Reports in accordance with time frames established by the County. F. Revenue, Expenditure, and Accounting Reports 1. The Agency agrees to cooperate with the County should revenue and expenditure information be required by the County in the future, and/or if the County seeks financial data related to specific service delivery costs. 2. The Agency shall include by insertion or attachment the following certification in its monthly invoice, with signature and date signed by Agency Director or designee: Vendor's Certificate. I hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, sexual orientation, or Vietnam era or disabled veteran status. By: Date: 3. Final Billing The Agency shall submit final billings for services provided during the period January 1 through June 30, 2004, including retroactive adjustments by July 8, 2004, to meet the State of Washington fiscal year-end close-out. The Agency shall submit final billings for services provided during the period July 1 through December 31, 2004, including retroactive adjustments by January 6, 2005, to meet the King County fiscal year-end close-out 2004. Should the Agency not provide the invoices by these deadline dates, the County shall be relieved of all liability for payment of amounts billed in said or in any subsequent invoice monthly reimbursement. & 2-lS CITY OF FEDERAL WAY EXHIBIT" 5 OF- 6 2004 CONTRACT V. SPECIAL'PAYMENT PROVISIONS - TEMPORARY CLOSURES OF PROGRAMS In order to qualify for reimbursement for any closure due to natural causes, disasters or other conditions beyond the provider's control, the Agency shall demonstrate that the closure was because of weather conditions or other natural causes necessitating the closure of the public schools in the Agency's catchment area. CITY OF FEDERAL WAY EXHIBIT II 60F6 &2-, 2004 CONTRACT EXHIBIT III CITY OF FEDERAL WAY Family Support Community Service Grant I. WORK STATEMENT The Agency shall provide services to enrolled participants in accordance with the terms and conditions described hereinafter and in accordance with Exhibit III. General Requirements. The total amount of reimbursement pursuant to this Exhibit shall not exceed Four Thousand Two Hundred Dollars ($4,200) from State and/or County Funds for the contract period January 1 - December 31, 2004. Of this amount $2,100 are only for services rendered January 1 - June 30, 2004. The remaining amount of $2,100 will be available only for services rendered July 1, 2004 - December 31, 2004. Funds reserved for services in the first half of 2004 shall not be used for services delivered in the second half of 2004. II. PROGRAM DESCRIPTION A. Goal B. C. D. CITY OF FEDERAL WAY EXHIBIT III Promote and support community opportunities for individuals (children and adults) with developmental disabilities who reside with their families. Obiectives 1. To be family focused 2. Increase inclusion of persons with developmental disabilities in their communities 3. Promote community collaboration 4. Expand horticultural skills, increase health and fitness opportunities for 20 to 30 individuals with developmental disabilities. EliQible Population Services funded by this Exhibit shall be provided to assist only children and adults with developmental disabilities as defined in Exhibit II, General Requirements, III Service Delivery, A and B. ProQram Requirements 1. Develop and implement community based service projects that benefit individuals (children and adults) with developmental disabilities and their families as stated in Attachment A, "Family Support Community Service Grant 2004 Contract Project Data Sheet (FSCSG)". 2. Eligible participants are individuals (children and adults) who live with their families or independently. 3. Facilitate the use of generic community resources. PAGE 1 OF 2 2004 CONTRACT L-30 III. IV. 4. Build community partnerships within and outside of the developmental disabilities system. 5. Address the diverse needs of communities of color and limited or non-English speaking groups. 6. Administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. COMPENSATION AND METHOD OF PAYMENT A. The total reimbursement for the contract period shall not exceed the amount in I. Work Statement of this Exhibit. B. The Agency shall complete Attachment ß, the "Family Support Community Service Grant Manual" (which includes the billing invoice and the participant activity sheets) when billing for actual allowable expenditures and services rendered under this contract. C. The billing invoice and other required reporting documents serve as the Agency's invoice to the County for services rendered. The County may, at its option, withhold reimbursement for any months for which the required reports have not been received or are not accurate and/or complete. REPORTING AND EVALUATION REQUIREMENTS A. B. Submit with each billing a brief progress report, on the activities identified in the project. For the purposes of this contract administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. A report summarizing the results shall be submitted no later than with the December 31,2004 billing. C-3' CITY OF FEDERAL WAY EXHIBIT III PAGE 2 OF 2 2004 CONTRACT A IT ACHMENT A Family Support Community Service Grant 2004 Contract Project Data Sheet January - December 2004 1. Project Name: Swimming/Fitness & Horticulture. 2. Name of Agency/Organization: City of Federal Way & Highline CC. 3. Date project (services) will begin January 1,2004. (Cannot be earlier than January 1, 2004 ) 4. Date project (services) will end December 31,2004. (Cannot be later than December 31,2004) 5. Project goal or goals. What results are expected from project? (Limit your response to 50 words or less.) We desire to increase community involvement and awareness of and for people with developmental disabilities through inclusive programming of our two funded areas. We wish to help remove barriers for those with disabilities (physical, financial, mental), increase health and fitness levels, and increase horticultural skills and horticultural benefit recognition (mental, physical and environmental) for all involved. 6. Check the theme(s) that best describes your project: ~ Community Resource Development (Community activities, recruitment of volunteers, support to clients, etc.) - Parents Helping Parents (Support groups) - Provider Support Development (Respite) Information and Education Initiative (Gather, prepare and disseminate information, etc.) 7. How.many eligible (DDD enrolled individuals living with their families) participants will the project serve? 20 - 30 8. Identify service population: Adults Only Children Only X Both Adults and Children 9. What area(s) of the County will the project serve? South King County - mostly Federal Way 10. What are these funds being used for? (Limit your response to 50 words or less.) CITY OF FEDERAL WAY EXHIBIT III-ATTACHMENT A Page1of2 2004 CONTRACT L--3? ATTACHMENT A Family Support Community Service Grant 2004 Contract Project Data Sheet January - December 2004 The funds will be used to either offset program fees, or enable people to participate completely free. They will also be used to pay necessary staff or one to one assistants, pay facility fees (for example, pool fees) and some program supplies. 11. Briefly describe the project. (Limit your response to one page or less.) HORTICULTURE PROGRAM. An on-going community horticulture project held at Dumas Bay Centre, a City of Federal Way facility located in F~deral Way, Washington. People with developmental disabilities can work with their families and other members of the community to create a beautiful park that can be enjoyed by the entire community. By participating in this program, all people involved will realize the mental, physical and environmental benefits that stem from gardening, landscaping and caring for an outdoor facility. All involved will also be educated on different aspects of horticulture, which could possibly lead to a ca(eer in the field. SWIMMING & FITNESS PROGRAM. The purpose of this program is to help people with developmental disabilities access existing swimming lessons, water aerobics classes for health and fitness, therapy, social skills, enrichment and education. In most cases, the individual will attend class with a person who does not have a disability, therefore promoting inclusion. This program has expanded beyond water activities for fitness to include walking, Yoga, Tai Chi, aerobics and more. An individual plan is made for each person wishing to participate to facilitate individual needs to the highest degree. &33 CITY OF FEDERAL WAY EXHIBIT III-ATTACHMENT A Page2of2 2004 CONTRACT '* Project Participant Definition: . 1) List only participants with a developmental disability who live at home or on their own and who are enrolled in the developmental disabilities system. 2) You may no longer list participants who are not enrolled in the DD system. ATTACHMENT B FAMILY SUPPORT COMMUNITY SERVICE GRANT PARTICIPANT ACTIVITY SHEET ~gency Name: ~ddress : Month Program Name: relephone: # Last Name First Middle Initial Case Date of Birth Participation Days Describe Name Number* Activity 1 2 3 4 5 6 - 8 9 10 11 12 13 14 15 16 17 . 18 19 20 21 22 23 * The Case Numbers should be the same as the State DD Case Numbers. repared by: Date: PRINT NAME & TITLE C:-ð1 Page2of3 2004 CONTRACT CITY OF FEDERAL WAY EXHIBIT III-ATTACHMENT B ATTACHMENT B FAMILY SUPPORT COMMUNITY SERVICE GRANT Manual legend: Black Blue Red Submitted by: E-mail P-mail - For description and formulas. Don't change any black cells. - For monthly update areas. - For linking data from other sheet. Don't change any red cells. - "kc.chris@metrokc.gov"; send invoice with original signature by P-mail. - Attn: Esther Wu,XCDDD Address Forquestions about service programs, please contact Irma Hill @ (206) 296-2913. For questions about fiscal issues, please contact Esther Wu @ (206) 205-0681. CITY OF FEDERAL WAY EXHIBIT III-ATTACHMENT B e--3S Page 1 ot3 2004 CONTRACT ATTACHMENT B FAMilY SUPPORT COMMUNITY SERVICE GRANT BilLING INVOICE SHEET Agency Name: Address: Month: Program Name: Telephone: Describe Unit Total # Expenditures Price Quantity Amount Note 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total 2004 Budget Balance Available King County Vendor's Certificate I hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services fumished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin. handicap, religion, sexual orientation, or Vietnam era or disabled veterans status. Prepared by: Date: PRINT NAME & TITLE SIGNATURE CITY OF FEDERAL WAY EXHIBIT III-ATTACHMENT B Page30f3 v:3)...P 2004 CONTRACT S.D CiTY OF FEDE1{AL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: J an u ary S~ 2004 ,? PRHSPS Council ConHniHee ~ L Mary Faber,Recreation and Cultural s~stO'~rdinator David M, ty Manager CuJtura) })ev opn nt Authority of King County Arts Contract Back2,round: The Cultural Development Authority of King County, previously known as the King County Arts Commission, provides public art consultant and program management expertise to local communities. The City has utilized the services of this agency for the 2% for Art prograrn for the Knutzen Family Theatre project. Representative tasks included in the Scope of Services are art proposal deve1opment and authorization; assisting with the artist application materials and selection process; contract development for selected artists; construction document coordination; management of the art work fabrication and insta11ation; preparation of c1oseout documentation and art-work dedication assistance. There are two projects that currently under deve1opment. The new City Hall project is schedu1ed for completion in 2003. The new Community Center project is scheduled for completion in 2006. The consultant fecs wiJI not excecd $74,328 for both projects. The funds are budgeted through the 2% for Art budget for each project. A copy of the proposed contract and Scope of Services is attached. The Legal Department is currently reviewing the contract. Committee H.ccmnmenda(ion: Motion to recommend to Council a "do pass" to authorize the City Manager to enter into a Inter-local Agreement with the Cultural Deve1opment Authority of King County for a total of $74,328 to provide public arts consulting and management for the 2% for Public Art Program for City BaB and Community Center projects and to place before Council on the January 20,2004 agenda for approva1. APPROVAl-OJ? COMM]'J'TEE REPORT: Committee Member Commi1teeMcnibcr Committee Chair i :/councj]info/2004/cdaartcontractJ.04 1)-\ AGREEMENT HET\VEEN THE CITY OF FEDERAL \V A Y AND CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY FOR PUBLIC ART MANAGEMENT SERVICES This Agreement is made and entered into this 1 st day of November 2003, between the City of Federal Way, a Washington municipal corporation ("City"), and the Cultural Development Authority of King County ("CDA") for the public art program management services. The City and the CDA collectively shal1 be referred to as "the Parties." WHEREAS pursuant to RCW Chapter 35.21.730 and 39.34.020, thclnterlocal Cooperation Act, the City and the CDA desire to enter into a inter-local agreement for joint or cooperative action; WHEREAS the Federal Way City Council enacted Ordinance 94-217 effective July 23, 1994 establishing a art in public places fund; WHEREAS the City purchased property at 33325 8th Avenue South, Federal Way for a new City Ha11; WHEREAS the new City HaJl is a qualifying capital improvement project for the appropriation of2% of the construction budget for development of public art; WHEREAS the City Council selected Celebration Park for the construction of a new Community Center; . WHEREAS the new Community Center is a qualifying capital improvement project for the appropriation of2% of the construction budget for public art; WHEREAS the Cultural Development Authority of King County was enacted by Ordinance 14482 pursuant to RCW 35.21.730 on January 1,2003 as a public authority with a specific purpose and expertise to develop partnerships with municipalities to enhance the built environment and sense of place the of public art; NOW, THEREFORE, the Parties agree to the fo11owing terms and conditions: I. PURI}OSE The City of Federal Way seeks the tcmporaryprofessional art management services of the Cultural Development Authority of King County to facilitate the public art selection process and management of the 2% for Art Program for the City Hall and Community Center. 1)-2 II. TERM The duration ofthis Agreement shall be for an initial period ofthree years, fTòm November] , 2003 to December 31, 2006. 3.1 III. CDA RESl}ONSnULITIES Scope of Services. Subject to the terms of this Agreement, the CDA. shall provide those services described in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by this reference ("Services"), which Services shall be performed in a manner consistent with the accepted practices for other similar services, completed to the City's sat.isfaction, within the time period prescribed by the City, and pursuant to the direction of the City Manager or his or her designee. 3.2 Invoice. The CDA agrees to invoice the City monthly for services rendered. The invoice will provide an itemized account of work performed to date. IV. CITY RES]}ONSIUILITIES 4.1 Payment. In consideration of the CDA performing the Services, the City agrees to pay the CDA an amount not to exceed Seventy Four Thousand and Three Hundred and 28/100 Dollars ($74,328.00), for the Services performedduring the Term ofthe. Agreement. 4.2 Method of Payment. Payment by the City for the Services wil1 only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receìpt of such voucher or invoice. 4.3 Contractor ResQonsible for Taxes. The Contractor sha11 be solely responsible for the payment of any taxes imposed by any lawf1l1 jurisdiction as a result of the performance and payment of this Agreement. V. TERMINATION 5.1 Just Cause. The CDA or City may terminate this Agreement for "just cause" provided that it has provided thirty (30) days prior written notice to the other party. "Just Cause" shaH mean the party's failure to perform its obligations under this Agreement fo11owing notice from the other party of such failure and after an opportunity to cure or satisfy such obligations. 2 \)-3 6.] 6.2 6.3 VI. INDEMNU'ICATION Hold Harmless. The CDA agrees to protect, defend, indemnify, and hold harmless the City of Federal Way, and its officers, officials, employees, and agents, from any and all claims, demands suits, penalties, loses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising from, resulting fTom, or connected with this Agreement to the extent caused solely by the negligent acts, errors or omissions of the CDA, its partners, shareholders, officers, employees, agents, and/or subcontractors, or by the CDA's breach of the Agreement. CDA Obligations. Except for damages caused by the sole negligence ofthe City of Federal Way, the CDA's obligations under this section shall include, but not be limited to: 6.2.1 The duty to promptly accept tender of defense and provide defense to the City of Federal Way at the cDA's own expense; 6.2.2 Indemnification for such claims whether or not they arise from the sole negligence ofthe cDA, or the concurrent negligence oftheCDA and the City of Federal Way or another party; 6.2.3 The duty to indemnify and defend the City of Federa1 Way from any claim, demand, and/or cause of action brought by or on behalf of any of the cDA's employees, or agents. The foregoing duty is specifIca]]y and expressly intended to constitute a waiver ofthe CDA's immunity under Washingtòn's Industrial Insurance Act, Chapter 51 RCW, as respects City of Federal Way only, and only to the extent necessary to provide City of Federal Way with a fun and complete indemnity and defense of claims made by the CDA's employees. The parties acknowledge that these provisions were mutual1y negotiated and agreed upon by them.. Recoverable Fees and Costs. In the event that the City of Federal Way incurs attorney fees and/or costs in the defense of claims for damages within the scope of this section, such fees and costs sha11 be recoverable from the CDA. In addition, City of Federal Way shal1 be entitled to recover from the CDA attorneys' fees and costs incurred to enforce the provisions of this Section VI. ' 6.4 Surviva1. The provisions ofthis section shal1 survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 3 D,-L\ VII. OTHER CONDITIONS 7.1 cDA Compliance. The cDA assumes full responsibility for ensuring compliance with Sections III, V and VII and acknowledges that City of Federal Way is not responsible for ensuring compliance with these Sections. VIII. GENERAL I)ROVISIONS 8.1 Administration and Notice. The responsibility for overseeing the compliance with the provisions of this Agreement sha11 be handlcdjointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. The contract representative for the City shall be the City Manager or his or her designee, 33530 1st Way South, Federal Way, Washington 98003. The contract administrator on behalf of the CDA shall be the Director or his or her designee, Cultural Development Authority of King County, 506 Second Avenue, Suite #200, Seattle, WA 98104-2307. 8.2 Entire Agreement. This Agreement contains an ofthe agreements ofthe Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any . purpose. 8.3 Modification. No provision ofthis Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 8.4 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shallin no way affect, impair, or invalidate any other provision hereof and such other provisions shaH remain in fu11 force and effect. 8.5 Assignment. Neither the City nor the CDA shan have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder wHhout the prior written consent of the other Party. 8.6 Attorney Fees. Except for the provision in Section 6.3 of this Agreement, in the event the City or the CDA defaults on the performance of any terms in this Agreement, and the CDA or City places the enforcement of the Agreement or any part thereof, or the col1ection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shan pay an its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement sha11 be King County, Washington. 4 1)-5 8.7 8.8 8.9 8.10 8.11 8.12 No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shaH not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. Arbitration. Disagreements concerning the interpretation or application of the provisions of this Agreement are subject to arbitration provided that thc City Manager, or his or her designee, and the CDA Director, or his or her designee, have discussed and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt to resolve the matter. If the matter cannot be resolved, the Parties sha11 first attempt to select an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and the CDA agree to use the services ofthe American Arbitration Association for the selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall be borne equa11y by the City and by the cDA. The arbitrator sha11 determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both Parties. Captions. The respective captions ofthe Sections ofthis Agreement are inserted for convenience of reference only and sha11 not be deemed to modify or otherwise affect any of the provisions of this Agreement. Remedies Cumulative. Any remedies provided for under the terms ofthis Agreement are not intended to be exclusive, but sha11 be cumulative with a11 other remedies available at law, in equity or by statute. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shan be construed against any party upon a claim that party drafted the ambiguous language. Filing of Agreement. This Agreement shall be fi1ed with the City Clerk of the City of Federal Way, and the King County Records and Elections Division. 5 D-~ 8.13 Notices. Any notices required to be given by the Parties shan be delivered to the Parties at the addresses set forth below IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David. B. Moseley, City Manager 33530 1st Way South Federal Way W A 98003 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson APPROVED AS TO FORM: CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY By: Jim Kelly Its Director 506 Second Avenue Seattle, W A 98104-2307 (206) 296-7580 ---~------- Attorney for the CDA K:\ArtsCom\PubArt\P AProjects\JLACulDevAutl.5.03 6 D-l Federal Way City Hall Mgt Proposal Task/Service Hours Cost Task 1: Art Proposal Development 1.A. Review project, schedule, possible locations and types of artwork, Lead workshops with Art Commission 15 $1,200.00 1.8. Draft art opportunity proposals outlining conceptual framework for art budgets, timelines, artist selection methodology. 8 $640.00 1.C. Present art proposal and recommendations for approval 8 $640.00 Sub-Total Task 1 $2,480.00 Task 2: Artists Selection Process 2.A. Recommend members for one art selection panel; Contact panelists and confirm participation, set up meetings to review artists. 2.C. Prepare application materials for review; facilitate-artist selection panel including finalists' orientation and interviews includes panel fees and honoraria 8 $640.00 14 $1,120.00 42 $3,360.00 2.8. Facilitate invitational application process: compile a list of artists; write, and circulate project description 2.0. Make one presentation regarding panel reccomendations 10 $800.00 2.E. Return application materials; include a letter announcing outcomes 8 $640.00 Sub-Total Task 2 $6,560.00 - .dID.J..!8r!l!l ~ III Federal Way City Hall Mgt Proposal Page 1 D-~ Federal Way City Hall Mgt Proposal Task/Service Hours Cost Task 3: Contract Development 3.A. Develop contract model and circulate for review 3.B. Negotiate contracts and individualized scope of work for project artists during proposal; design development and implementation stages 8 $1,000.00 $800.00 10 Sub-Total Task 3 $1,800.00 Task 4: Proposal Development and Construction Document Coordination 4.A.. Work with artist and design consultants to review artists concepts and craft proposal Sub-Total Task 4 20 $1,600.00 8 $640.00 7 $560.00 10 $800.00 20 $1,600.00 $5,200.00 4.B. Present artists proposal to Arts Commission for review and comment 4.C. Work with artist to incorporate Arts Commission comments 4.0. Present concept to City Council for approval 4.E. Follow-up with project manager to review construction coordination Task 5: Artwork Fabrication and Installation 5.A. Monitor studio fabrication; Monitor and coordinate on-site installation and construction coordination for all artists' projects 50 $4,000.00 Sub-Total Task 5 $4,000.00 Federal Way City Hall Mgt Proposal D4 Page 2 Federal Way City Hall Mgt Proposal Task/Service Hours Cost Task6: Final Materials, Dedication and Opening 6.A. Develop and/or monitor close-out materials including maintenance manuals, and documentation. 6.8. Prepare Exit Report, including recommendations for next steps and lessons learned 1!11 Total Administrative Contingency Grand Total Federal Way City Hall Mgt Proposal 1).-)1) 8 $640.00 10 $800.00 $1,440.00 - $21,480.00 $2,148.00 $23,628.00 Page 3 Federal Way Community Center Proposal Task/Service Hours Cost Task 1: Art Proposal Development 1 .A. Review project, schedule, possible locations and types of artwork. Lead workshops with Art Commission 1.6. Draft art opportunity proposals outlining conceptual framework for art budgets, timelines, artist selection methodology. 8 $1,200.00 $640.00 15 1.C. Present art proposal and recommendations for approval 8 $640.00 Sub-Total Task 1 $2,480.00 Task 2: Artists Selection Process 2.A. Recommend members for one art selection panel; Contact panelists and confirm participation, set up meetings to review artists. 8 $640.00 2.6. Facilitate application process; write and circulate prospectus;research and place advertising; identify web sites for posting; interface with web manager for internet posting . 24 $1,920.00 2.C. Prepare application materials for review; facilitate artist selection panel including finalists' orientation and interviews includes panel fees and, honoraria 50 $4,000.00 2.0. Make one presentation regarding panel recommendations 10 $800.00 2.E. Return application materials; prepare letter to announce competition outcome for insertion in return packets 12 $960.00 Sub-Total Task 2 $8,320.00 Federal Way Community Center Proposal D-i\ Page 1 Federal Way Communitý Center Proposal Task/Service Hours Cost Task 3: Contract Development 3.A. Develop contract model and circulate for review 10 $1,000.00 $800.00 3.B. Negotiate contracts and individualized scope of work for project artists during proposal; design development and implementation stages 8 Sub-Total Task 3 $1,800.00 Task 4: Proposal Development and Construction Document Coordination 4.A.. Monitor development of artist's initial conceptual ideas 20 $1,600.00 4.8. Facilitate review of proposed ideas; Presentations to Arts Commission, City Council and as part of A&E presentations; document outcomes' 24 $1,920.00 4.C. Work with artists and design team to integrate artwork concepts into construction documents; review documents and spec sections 55 $4,400.00 Sub-Total Task 4 $7,920.00 - mil Task 5: Artwork Fabrication and Installation 5.A. Monitor studio fabrication; Monitor and coordinate on-site installation and construction coordination for all artists' projects 70 $5,600.00 Sub-Total Task 5 $5,600.00 Federal Way Community Center Proposal Page 2 tJ-\L.- Federal Way Community Center Proposal Task/Service Hours Cost Task6: Final Materials, Dedication and Opening 6.A. Develop and/or monitor close-out materials including maintenance manuals 7 $560.00 6.B. Prepare Exit Report, including recommendations for next steps and lessons learned 4 $320.00 $880.00 Total $27,000.00 Administrative Contingency $2,700.00 Grand Total (without Water Feature) $29,700.00 Addendum: Additional costs for inclusion of water feature Construction Infrastructure 21,000 Federal Way Community Center Proposal Page 3 .1) ~J5 Date: To: From: Via: Subject: 5.E CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM January 6,2004 I}RHSPS Council COJmniHcc Mary Faber, Recreation and Cultural Services Superintendent Rob Ettinger, Du as Bay Centre Coordinator David M t: Manager Dumas Bay tre, Knutzen Family Theatre Janitorial Services Backeround: On October 25, 2003 the Dumas Bay Centre and Knutzen Family Theatre issued a Request For Quotes for Janitorial Services. Bid packets were sent to five companies from the small works roster. We also advertised in the Federal Way Mirror on October 25,2003 and November] 2,2003. We had two responses to this Request for Quotes. American Janitorial Services submitted the lowest bid. They are the current vendor and are in good standing. Staff reconnnends accepting the low bid and awarding American Janitorial Services the contract. The total amount of compensation for this contract is $315,000 for a three year term. Bid Summary A Request for Proposals was sent to the foJlowing companies and the results are as foJlows: American Janitorial Services EDS Services Above and Beyond Janitorial Services West Coast Janitorial PCCI Complete Cleaning Services ----- - ----------- n__~_- --------- Shower Room Cleaning Per Day Bath Towel Linen Bed Blanket Cleaning Hourly Cleaning cost for Main BuildinL $20 Per Hour Single Retreat Room Set up-per room $4.00 $1.30 Twin Bed Linen Cost $30.00 $2.50 $3.65 No Response No Response No Response No Response No Response No Response ------- ~-- _m -- --- - - -- - --- --- --- -- -------- - ----- -- ---- No Response No Response No Response No Response No Response No Response ----- ------ -----_u_----- ------- _u ---------------- ----------- No Response No Response No Response No Response No Response No Response ----- ----- ---- - ----- ---- --- -- ---- - ----- ---- No No No Response Response Response $20per $fÒ~OO~ $25.00 hour No No No Response Response Response $~ -$15.00- -$3.00- ---~- ------ Committee Recommendation: Motion to recommend to Council a "do pass" to authorize staff to accept the bid from American Janitorial Services for Janitorial Services at the Dumas Bay Centre and Knutzen Family Theatre, and place before Council on January 20, 2004. AP}>ROV AL O)?COMM)'}"nm REPORT: Com m j tteê Ch ai r€órnmittêêMernbet i :/councilinfoI2004/dbejanitoria1con] .04 Committee Member Ë -\ JANITORIAL MAINTENANCE SERVICES AGREEMENT This J ani torial Maintenance Services Agreement ("Agreement") is dated effective this 1 Sl day of February, 2004. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and American Janitorial Services, a Washington Corporation. ("Contractor"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of performing janitorial services at the Dumas Bay Centre/Knutzen Family Theatre located at 3200SW Dash Point Road; and B. services. The Contractor has the requisite skill and experience necessary to provide such NOW, THEREFORE, the Parties agree as follows: 1. Services. 1.1 Services. Contractor shaH provide the services more specificaHydescribed in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, perfonned to the. City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. ' 1.2 Customer Service. Contractor and all of its employees, agents or representatives shaH provide and maintain the highest quality customer service and shall treat all persons at Dumas Bay Centre and Knutzen Family Theatre with courtesy and respect. 1.3 Employee Appearance. All of the Contractor's employees, agents, representative or licensees shall have a neat and clean and sanitary personal appearance and shall wear a uniform which distinguishes them as employees ofthe Contractor and include a badge with the first name of the employee. 1.4 Employee Background Check. All of the Contractor's employees, agents, representatives or licensees must complete a State Police background check pursuant to RCW 43.43.825 (1) (b) for all personnel assigned to the City. 1.5 Schedule. The City retains the right to submit reductions to cleaning and room set-up schedule seventy two (72) hours in advance of scheduled meeting, event or overnight retreat. Contractor shall honor all reasonable requests to add services for meetings, - 1 - (;-'L events and overnight rooms in advance of or during the scheduled use. All cleaning activities that involve any noise must be completed in the facility no later than 12:00 am (midnight). 2. Tenn. The tenn ofthis Agreement shall commence upon the effective date ofthis Agreement and shall continue for a period of three (3) years tenninating on January 31, 2007 ("Tenn"). This Agreement may be extended for additional periods oftime upon the mutual written agreement ofthe City and the Contractor. 3. Tennination. Prior to the expiration ofthe Tenn, this Agreement máy be tenninated immediately, with or without cause by the City. 4. Compensation. 4.1 Total Compensation. . In consideration of the Contractor perfonning the Services, the City agrees to pay the Contractor custodial charges as outlined in Exhibit "B" , attached hereto and incorporated by this reference ("Compensation Schedule") an amount not to exceed Three Hundred Fifteen Thousand Dollars ($315,000.00). 4.2 Method of Payment. Payment by the City for the Services will only be made after the Services have been perfonned, a voucher or invoice is submitted in the fonn specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or lllVOlce. 4.3 Cleaning Deficiencies. i. The city will notify the Contractor of any and . all cleaning deficiencies. The Contractor has two (2) hours to correct the deficiency if it affects services necessary for business that day, and up to one working day ifthe deficiency does not affect business that day or forfeit a portion of the applicable. charge. The city may deduct for any and all deficiencies and duties not prefonned or corrected pursuant to the contract. ii. The deduction fonnula will be five percent (5%) of total cost ofthe specific charge as outlined in Compensation Schedule for that service. The city will provide the Contractor written confinnation of all deficiencies on the last day of the month. 4.4 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. - 2 - t;-3 5. Compliance with Laws. Contractor shall comply with and perfonn the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding ofthe Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be perfonning professional services during the Tenn for other parties; provided, however, that such perfonnance of other services shall not conflictwith or interfere with Contractor's ability to perfonn the Services.. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers hannless 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 Agreement to the extent caused by the negligent acts, errors or omissions ofthe Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on 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. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the .Contractor, its officers, directors, shareholders, partners, employees, and agents hanDless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective - 3 - r;-1-\ agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival.. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. EQual Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any. disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but nc;>t be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VTIofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the R~habilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation ofthis provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, máy result in ineligibility for further City agreements. 10. Confidentiality. AU information regarding the City obtained by Contractor in performance ofthis Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. II. Insurance. The Contractor agrees to cany as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the .City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. - 4 - IC-S 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance as Exhibit "C", concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be tenninated or materiaHy amended during the Tenn ofthis Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period ofthree (3) years from the date this Agreement is actually tenninated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate tennination of this Agreement. The provisions ofthis Section shaH survive the expiration or tennination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 12. Bond. Contractor shall obtain a janitorial bond in the amount of not less than Ten Thousand Dollars and NOll 00 ($10,000.00) to insure against any theft/misappropriatìon of money or property during the Tenn of this Agreement as set forth in Exhibit "C". 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Prevailing Wages. 14.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages arid fiinge benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shaH not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as detennined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates which are in effect on the date when the bids, proposals or quotes were required to be submitted to the City. - 5 - ~-1D 14.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended providéd that the term ofthe Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the Increased prevailing wage. 14.3 Exemptions to Prevailin~ Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: a. Sole owners and their spouses; b. Any partner who owns at least 30% of a partnership; c. The President, Vice President and Treasurer of a corporation if each one owns at least 30% ofthe corporation. 14.4 Reporting Requirements. Contractor shan comply with an reporting requirements of the Department of Labor and Industries ofthe State of Washington. Upon the execution ofthis Agreement, Contractor shan complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Services, Contractor shan complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 14.5 . Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director ofthe Department of Labor and Industries ofthe State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 15. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 16. General Provisions. 16.1 Entire Agreement This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shan be effective for any purpose. - 6 - 1:;-, 16.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 16.3 Full Force and Effect. Any provision of this Agreement which is dec1ared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. . 16.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 16.5 Successors in Interest. Subject to the foregoing Subsections, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 16.6 Attornev Fees. In the event either ofthe Parties defaults on the perfonnance of any tenns of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 16.7 No Waiver. Failure or delay of the City to dec1are any breach or default immediately upon occuiTence shall not waive such breach or default. Failure ofthe City to dec1are one breach or default does not act as a waiver of the City's right to dec1are another breach or default. 16.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 16.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duiy authorized to execute and de1iver this Agreement on behalf of the Contractor or the City. 16.10 Notices. Any notfées required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 16.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. - 7 - E? ---~ 16.12 Performance. Time is ofthe essence ofthis Agreement and each and an of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 16.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with an other remedies available to the City at law, in equity or by statute. 16.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 16.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South P.O. Box 9718 Federal Way, W A 98063-9718 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney - 8 - E-~ AMERICAN JANITORIAL SERVICES INC. By: Robert J, Fritz Its: (Title) (Address) (Phone) STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day persona11y appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the fTee 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 G:\LawFormsVanitoriaIM aintenanceServicesAgreement 102802 - 9 - E' - '-0 JANITORIAL. STANDARDS - DUMAS BAY CENTREIKNUTZEN FAMILY THEATRE Sa Exhibit "A" - Score of rvices AREA STANDARD FREQUENCY FRONT ENTRANCE Camel Vacuumed: no clean and dusted weeldv wIndowsIdoor ;;¡;¡Uc:iean: finoømrints and mar1<s removed weeldY inhk Clean and free 01""'" to... IIImOVed weeIdv fumiIunt Clean and free 01 dust weeldv racIators Clean and free of dust weeIdv entrance mat Clean' -* and mar1<s removed weekJv trash cans down weeldv MEN'SIWOMEN'S 8A THROOM - 4 TOTAL RESTROOMS trash down .. Daft> countefS Dail sinks '",nl67M- tIxUes nnIi....... Call toilets base stool - tank sanillzed Da' doors doors clean and free 01 rnatI<S Ca! and mar1<s IIImOVed DaII tIoonI sanIti2:<MI: mar1<s and scuffs IIImOVed 1 DaII1. waIlS onnl cleaned n..u.. refilled as needed toilet refilled as needed towels dI"-'- refilled as needed RECEPTION AREA counlefs clean and free 01 dust 1- 1- rack dean and free 01 dust ~ W4IAIdv water tIountain sanitized SIaInless steel .. _Iv trash cans down weekIv windows ðiHs dea . and mar1<s IIImOVed weeklv "",.,. vacuum' no clean and dusted _Iv HALLWAYS I",.,,¡¡¡ ~.m no clean and dusted I_Iv 1- clean' free 01 Is and mar1<s IIImOVed IweetdV dean' free 01 dust . lmonthly lu<lht fixIUAIS Clean and free of dust bllllS removed lmonthlv or as needed CONFERENCE ROOM AND MEETING ROOMS-6 tables clean' disinfected weekb or as """""'ted Del" Coordinator Chairs dusliOtmWlten - Mas Coordinator camm vacuumed' no """15. edaes clean and dusted weekk Mas"""""'OO nAr Coordinalor Iedaes clean' free 01 dust - Mas CoordInator racIators clean' free 01 dust - Mas Coordinator - Clean and free 01 dust boos removed weekl M as .........,ted nAr CoordInator trash down weeklY M as """""'00 nAr Cooidinator .- bins down w~v or as ""'"ested Del" Cooidinator walls I""'" clean ......&dv Of as rAnuested nAr Coordinator aIass ""'" clean weeklY or as mauested Del" Coordinator fans . dustlcIean bi-annuallv VENDING AREA machines clean' free of dust weetdV tIoonI ~ mar1<s and scuffs removed weetdV counters clean' free 01 dust _Iv OVERNIGHT ROOMS The following wiU be completed as SeMœ 'non-dIeckout\ the Retreat Coordinator. bed~ -ten bed linens COUIIIefs. dnIssets. tables. window sftIs tadlators dust and clean hili Dn>nIv I...... vacuum - deanldisInfecI all bathroom IIxtunIs toilets sinks -- 1-- aU bath ~ SERVICE 'CHECK OUTSI The following will be completed as lreouested bY the Retreat CoordInator. bod- cha~ bed linens counters. dnIssets. window sHIs tadlators dust and clean hili Aiiii1Iv ~ vacuum - deanldlslnfect an bathroom IIxtunIs toiIeIs sinks -- I"""""" all bath linens - -- - The following wiD be completed daily durina aD ovemioht retreats SHOWERS 8A THS AND TOILET FACIUTIES IN BOTH WINGS FIRST AND SECOND FLOOR CLEANING BEFORE EACH RENTAL ~ disinfect and NIl water In all shower stalls "- for minimum of 1 minute 8-dean. disinfect and NIl water In aU bath tubs for -- minknum of 1 minute - 5-baSe stool sea tank sanitized _ond- sanitized: fixtutes "*- clean" -~Is 1IImOVed' no slreal<s ..- sanitized: mar1<s and scuffs removed RECREATION CLASS AREA ~-\\ STAIRS I I H- Iclean and free 01 dust IbI-weektv - I vacuum .Ibi-weektv ENTIRE BASEMENT AREA ...... sanitized' m3I1<s and saJIfs removed bi-weekJv -""'" clean' free 01 dust and debris bi-weekJv .... sanitized. DOIished bi-weekJv -... clean' free 01 dust bi-weektv 1rasII down bi-weekJv BATHROOM tnsI1 emotvIM"" down Da' cøunOer8 wtøeldisinfect Dai ..... sanitized' fixtwes ooIished Dai ..- base stool seat lank sanitized Da - doors dean and free 01 marl<s Da .- alass dean' finaernrints and marl<s removed Dal -- sanitized' mat1<s and saJIfs removed ,Da' .... soot deaned DailY refilled as needed toilet refilled as needed --- refiHed as needed THEATRE i:arneI v-. ......... - de- and - ""....- Seals-fabric: Clean. ..... .-...d 10£ -$led SeaIs.bocblftd...... Clean and floe ", dull, -- l11li - -- ""- """'" Mal oconœo 00.. and floe ", - "" -...$Ied T_cano EnW.-- ""- Glalla IComoI & Clean. -- and '........-...d ""-- W'" 00..l11li floe ", - 10£_- STAGe - ---- I>a_- THEATRE LOBBY IComet Vacwmod. ... ...... - - l11li - I>a-- -.moo.. Clean and_""""'¡ ""- L- Clean Iftd floe ", - I>a- CUMd waI Clean Iftd floe ", - I>a- T_cano EnW.-- ""....... 1Ce8na -- Clean Iftd he ", - ""........ LOBaYLOUNGE c.m.t V-."""", - de- and - ""- ~ CIean__",- ' ""........ -.moo.. 00.. and"""'",""'" ""....... GlaSs BIOdt 00.. Iftd ....... - I>a- T_cano E..-.-- I>a-$Ied REHEARSAl. SPACE Ic.m.t v-...._-_Iftd- I>a- - I-,.......andlallls- I>a-- -.moo.. Clean and-""""'¡ I>a-- - CIe.. and_- I>a-- '"""", Clean Iftd - ", - I>a- T_cano IEødv.wIDe- I>a- WORI<ROOM - -.-l11li_- I>a- T_cano IEmaIY.-- I>a........ SInk Clean. - I>a- STAGE OFFICE - -. -- and IaIIIs -- I>a- T_cano IEødv. wIDe - I>a-$Ied -- Clean alalia. -- and - - ""- HOlDING MEA - -. - and IaIIIs - I>a- DRESSING ROOMS 121 - -.-and-- I>a- T_cano IEInoIY.-- I>a- SInk 00... -.rea "" -$led - l>anoeded - Clean and_""""'¡ I>a- HAllWAYS - -. - l11li IaIIIs - ""-..-. """'" Clean and floe at - ""-- SA THROOIoi _I T_can IEmoIv.-- 0 CounIor !WIDe. - 0 SInk -.-- 10. T- Baoo. -. .... -........ 10. Door Doo<s _l11li - at - 0 G- 00.. and"""'- 0 - -. - and IaIIIs - 0 - -- 0 - l>anoeded T- - l>anoeded 1__- - l>anoeded lJaID 00.. and - at - - STAFF AAEA IC8n>eI V-.......... ...... - and - I>a- Troo/Icano EInoIY. - - I>a- -.moo.. 00.. l11li_- I>a- BOX OFFICE IC8n>eI V-...._-_and- 0 T_cano EmoIv. wIDe - WIo-.moor. Clean and_- CounIon 00..1ftd .... ", - 0 and oilier duties as r1!DtK!Sted on a "'" hour basis Comractor atneS to DI'DVIdE aa linens IoweIs for oven\ioht room se\uo. Retreat rooms cleaned moo oIv to Inctude: Deep cleaning. Clean toilets and sInI<s to pt8'JeIII RJst buildup, and remove dkt and dust. Dust ledges and other horizontal [-1'2- EXHIBIT "B" Compensation Schedule OVERNIGHT ROOM SERVICES A. Room cleaning: $4.00 per single person occupancy $6.00 per double person occupancy B. Cleaning of showers, baths and toilet facilities for retreat services = $30.00 per day of servIce. Provide bed and bath linens: 1. Twin bed/single occupancy - $3.65 1 flat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face towel (12xI2), I hand towel (15x25), I bath towel (22x48). . Twin bed/double occupancy - $7.30 2 flat sheet, 2 fitted sheet, 4 pillow covers, 2 mattress pads, 2 face towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48) Double bed/single occupancy - $4.35 I flat sheet, I fitted sheet, 2 pillow covers, 1 mattress pad, 1 face towel (12x12), 1 hand towel (15x25), 1 bath towel (22x48). Double bed/double occupancy - $5.10 1 flat sheet, 1 fitted sheet, 4 pillow covers, 1 mattress pad, 2 face towels (12x12), 2 hand towels (15x25), 2 bath towels (22x48). MinimUm linen order is linen for ten people. Maximum linen order is for linens for 90 people. C. 2. 3. 4. D. Bed blanket cleaning, (if machine washable): $2.50 per blanket GENERAL CUSTODIAL SERVICES A. Daily/weekly custodial services - $20.00 per hour. Services to be perfonned per Exhibit "A". Additional services may be contracted at $20.00 per hour, B. Floor scrubbing, stripping and waxing - $30.00 per hour with a minimum of 4 hours. - 11 - b-iS DEC-03-2003 05:05 AM .... ..; .;¡,;,;Exhibit "c" ...,'.'....;'~:~:"'.:'ëL'~... "'!fl.;;.II!f'-'";ø\";,.,,.}',r~ P.01 . . A.CORD. C E R TI Fie A1:i:fDf&U1AB I LITY INSURANC~ID-~ ~~(...~ -4. .. '... ""03/10/03 ~ THIS CERTIFICATE ISIStUED AS A MAneR or: JH~ORMATION HUB Dr ItJRARcJ: AaKNCY ONI.. Y ÞMD COM'ERS NO RIOtrTs uPON THE CElJTlflCATE. 1102 Bron8on W.y Korth ttOI..œR. THII ceRTFICATE DOE' NOT AMEHD;EXTI!ND OR P. O. Box 7i6 ALnR 11tE COVERAGE AFFORDED BY THE POUCtt!S BELOW. IlAÞnton 1Ol 9BO57-07i6 INSUReRS AFfORPlNG COVEAAGE Phonc:42S-255-2496 rax:425-23S-8S74 ~---- -~--_._-- . .. --, 1N&1JRet) INSUReR A: North Paoi.~i.CI %n.ura.noe Co IN8I.ÆR 8: W..t.:na _.~unty Company .Am8:dl¡ Jani, tori&! ØVce, Inè. ~~., h_~ INSURER c: Attn: Fr1tz ";:"~---_.._._---- ._-~-_...----,-- --"------n POBox 161 INSURER D; Kant 1Ol 4 .-- INSURER E: ~'..i " ~'1L COV!RAOES THE POlICES Of INSURANce USTED ELON 1il'VE: BeeN ISSUeD TO THE INSUReD NAAED MOttE FOR THE POlICY Pt!RIOO INQICATEP. NOTWmtSTNONO N« REWREMENT. TERM OR ~ 01" NIY c:oNTAACT Oft OTHER DCX:UIENT wmt RtSPfCT TO WHCH THIS ceRTFlCATE MAY BE IS6~D OR tM Y PeRTAIN. THE INSIAWa AFFORœD BY THE POlICES DESCRIBED HEREIN 18 SUBJECT TO All TH!! TERMS I EXCLUSIONS AM) CONDITIONS OF SUCH POUCIES. AOOMGATE LUTe SHOWN MAY ~VI!! llefN RfOUC!O BY P , D CLAMS. IMI TYPEorlN8OfWlé¡" -- ... Pä.1CY~ ~ ~!IW. LÑlun A 1~~ERCIAlOEN~UAÐIlI1Y 001-15-28-31 " ~ ClANS MACe ŒJ ocœR ---- .'--- ~ AGGR~ ~ A~S P!;A, I POLICY I I JECT i IlOC ~~OMOIIIlI! UABlI.ITY - ÞJ. Y"lITO 1-. -'ILL OWNeD AUTOS f-- SCIieOULED AIJ1'08 f-- Hlfl.EO-'l1JTO6 f-- NON.owNeD AutOS f-- .- ~~- -- 04/26/02 LlllllTI ElICH OCCURRéNCE . 1. 0 0 0 . a 0 0 04/26/03 ~GE~.!'"-ft~;" , 100,000 -...,- MEDEXPCAnronU>8IWonl S 5,000 ---- PERsorw. & MN INJURY ! 1 . 000 .000 GaiERAL AQQREGATE '3 , 000 , 000 PROOUCTS - COMPIOP AOG . 2 ,000 , 000__- CONBINED SINGLE UMIT lEe oooiftIwO s ---".--.----..--.-.. cg ~ » IF},17 BOOt\.. Y INJlmY (Pel p818Oft1 I ---- ÐODtI. Y INJURY ~f ICddenI) -""n-""-"~"~-""'. PROPERTY DAMAOE ~ acdd8nt) , _... . OAJU.O& LIABIlITY R ilK'( IlIJ1'O !XC!88 UABILItT ~ OCCUR D CLAIMS MADe 1.010 ONlY. EA ACCIOENT S -...----- <mER ~ AIJI'OONLY: ~~~ AOG/IeGA T1! .~$... AGG $ I' ---- $ S S $ I TORYUMITSI .IUÉR- ... n EAOI ACCIDENT S e.L. tII8EME - EA EMP\.OYEI , - ,----- -. E.L Dt8EAGE - POlICY UMI't . -------.---- .. .-...- ~:- oecucn9l.E : RETemON I WOAIUiIts COMI"I!HIATION AltO I!MPLOVliRa' UA8IUTY 1--..-.------.....-. .... - .--.--- -- -...... -.....- OTHIiR B BWPLOta: DISBONEln DEtCRlI'TION 01' OPOA TIOH8ILOCA ~CW8ION8 AOOeD BY Ð4OOI\8!MI!HTI8KCIIol "ft0Yl8l0N8 Certificate Hold8r i. an Additional In8ured wi~ x.~ot8 to ~. Lhbili ty aover..qea only 69328240 04/26/02 04/2~/03 BOND $10,000 General CERTIFICÁ TI! HOlDER I Y IIoÐOI1'tCINAI.IN8tMtiØ; ~ ~ l CITIFBD Ci ty of Fed6ral Way Attn: Rob I:tti.nger 33530 1at: Way South Federal Way WA ~8003 I CAHCI!UA TION 8HOUI.D ÞKf 01' !Me NJqVI! DE8CAl8IIo ~ 81! CANOI!LL!D 8eFOR1i TKII BXl'IItA TIOf DATE THøeo!'. TI1e IHUIHO IH8URIiR M,~ IMDPYOII TO MAIL -3L OAYS WRITTeN NOTa TO!M ! oeft11l'1CAJe ItOI.D&R HAMI!D TO TH! l!I'T. BUT 'AIlURIõ TO DO so SAALL ØiIPOM 110 08U0ATION 011. LIA8IUTY 01' AJ(Y ICIND UI'OtI THI! IHIURGR. ITI AGI!NT$ 01\ ltIi",e$I!NT A TM" A\1THCIRìœ) "~A TIV£ I Ruth Hubbard. CISR ~ -1,,\ ,.,,-:' ',r1:~JL' ,",",""¡," ,,'/"'" "~'::"~.':;".¡,:""""'~f'i!"":'t"""-:.Ò , . 'S?tnVd~~lfuYEFS ~ ~~~1L~~çt~i~ c~~~~,. ":~~;~~::'=¿~~~~sJ'llo~f' , :"'.~.,. '," .., PO Box«540,OIyn1p~~ WA:98504-4540 - ' ,It. , , IaJOOllOÒ4 Page I of4." Washington State Prevailing WageR-ates for Public Works Contracts The PREVAILING WAGES listed here Incfude both the hourly wage rate and the hourly fáte of fringe benefits. On pubf.c W9fks projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements Is provided by dickiôgontbebene'fit code.' , Exhibit'.'D" BUILDING SERVICE EMPLOYEES' Effective 8/3112003 Benefit Code Key Prevailing Overtime' Holiday Note Wage Code Code Code Counties Covered: ADAMS, FERRY AND LINCOLN $7.82 $7.98 $7.98 $10.96 Counties Covered: . ASOTIN, COLUMBIA, ISLAND, SAN JUAN, SKAMANIA AND WAHKIAKUM JANITOR $7.01 1 S~POOER $7.01 1 WAXER $7.01 1 WINDOW CLEANER $7.01 1 Counties Covered: BENTON Classification JANITOR SHAMPOOER WAXER WINDOW CLEANER JANITOR SHAMPOOER WAXER WINDOW ClEANER $7.74 $11.14 $8.39 $8.67 Counties Covered: CHELAN JANITOR SHAMPOOER WAXER WINDOW CLEANER $7~29 $11.14 $8.14 $9.14 Counties.Covered: CLAlLAM ,'. Ë1S http://www.lni.wa.gov/prcvailingwagc/jwagesnOO32/BUIL.htm 1 1 1 '1 1 1 1 1 1 1 '1 1 IIIosnOO3 , . 1:l/0~/2003:11::32 FAX 2536614075 City of..FëderalJVay ,'" ':-.,., """',,'" """"~""'---"""'" ';:,;~UILH~,9 SERVICE r 1>LO YEES - Effective: '8jjï~~~f':,.~ ,":)ðNJ,TQtt' .';~.:~:, ,', ,$~.~! 'StlAMPOOER ' $8.97 WAXER $8.97 " WINDOW CLEANER $13.22 Counties Covered: CLARK IaJ 002/004 Page 2 of 4 1 1 1 1 JANITOR $10.61 1 SHAMPOOER $12.55 '1 WAXER $12.55 1 WINDOW CLEANER $16.49 1 Counties Covered: COVVlITZ JANITOR $10.04 1 SHAMPOOER $12.55 1 WAXER $12.55 1 ,- WINDOW CLEANER $15.89 1 Counties Covered: DOUGLAS JANITOR $7.29 1 SHAMPOOER $11.14 '1 WAXER $8.39 1 WINDOW CLEANER $9.14 1 Counties Covered: FRANKLIN AND KITTITAS JANITOR $7.29 1 SHAMPOOER $11.14 1 WAXER $8.39 1 WINDOW CLEANER $9.14 1 Counties Covered: GARFIELD AND WHITMAN JANITOR $7.24 1 SHAMPOOER $11.14 1 WAXER $8.14 1 WINDOW CLEANER $8.14 1 Counties Covered: GRANT JANITOR $7.24 1 SHAMPOOER $11.14 1 WAXER $8.89 1 WINDOW CLEANER $9.14 1 Counties Covered: GRAYS HARBOR JANITOR $7.25 1 SHAMPOOER $11.25 1 WAXER $8.97 1 £ --I t, hup:llwww.ln i. wa.gov Iprcvai I ingwagc/jwagcs12003 2IB UIL. htm 11/0512003 , ""h,"""""", 11/05/2003 11: 33 FAX 2536614075~,::',:' "'L",~.,C1ty of Federal Way 'F~~~"; ~~;'¡:.., . . BUILDING SERVICE t"jLß'¿;:;'~¿::Q:,,:.crtive: 8/3111003 WlNDOWCLEANER"""""':~~.c:';' .. $13.22 -..,,', :~,;C()unties Covered: JEFFERSÖN/KiTSAP, LEWIS, MASON AND PACIFIC $8.47 1 $8.97 1 $8.97 1 $13.22 1 Counties Covered: KING of " JANITOR SHAMPOOER ; WAXER WINDOW CLEANER JANITOR TRAVELING WAXERl5HAMPOOER WINDOW CLEANER (NON-SCAFFOLD) WINDOW CLEANER (SCAFFOLD) , JANITOR 8HAMPOOER WAXER WINDOW CLEANER $14.04 $14.5.3 $18.76 $19.65 Counties Covered: KLiCKIT AT AND SKAGIT $10.00 $7.01 $7.01 $7.01 Counties Covered: OKANOGAN JANITOR 8HAMPOOER WAXER WINDOW CLEANER $7.24 $10.00 $8.14 $9.14 Counties Covered: PEND OREILLE JANITOR SHAMPOOER WAXER WINDOW CLEANER $7.01 $8.50 $7.01 $9.00 Counties Covered: PIERCE JANITOR 8HAMPOOE~ ' WAXER WINDOW CLEANER $9.37 $10.08 , $10.08 , $13.22 Counties Covered: SNOHOMISH $8.73 $9.23 $9.23 $13.48 Counties Covered: SPOKANE , [;--, -, http://www.lni. wa.gov /prevail ingwage/j wages1200 3 2m UILhtm JANITOR SHAMPOOER WAXER WINDOW CLEANER 1 2F 2F 2F 2F 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ':;~, ,,;'::þ:- '.>~~~;~OO4 :',..;,;.",:,~,,"" ...-- un.. -... 58 55 58 5S 11/05/2003 . " lY,:~~l;9.~:~?ill : 33 FAX 2536614075. Cl ty of;.~~ã~~;iFi,u,. '1~~g!~~~G SERVICE.F ~LOYEES - Effective: 8n:[i~îi:;~~~i.:@ .:::;¿~JANlrQR'~ ;;':';:,-::$1 0.30 - c~SHAM(:)OOER . .1jr..~;;C:.j'-ëi.73 WAXER $10.73 WINDOW CLEANER $12.32 . Counties Covered: STEVENS JANITOR SHAMPOOER WAXER WINDOW CLEANER $7.82 $8.50 $7.98 $10.96 Counties" Covered: THURSTON JANITOR SHAMPOOER . WAXER " WINDOW CLEANER $8.47 $10.32 $8.97 $10.84 Counties Covered: WALLA WALLA JANITOR SHAMPOOER WAXER WINDOW CLEANER $7.14 $11.14 . $8.14 $9.14 Counties Covered: WHA TCOM JANITOR SHAMPOOER WAXER WINDOW CLEANER $7.01 $7.01 $7.01 $8.50 Counties Covered: YAKIMA JANITOR SHAMPOOER WAXER WINDOW CLEANER $7.14 $11.14 $8.39 $9.14 . E-\~ http://www.lni.wa.gov/prevailingwage/jwages/20m21B UJ Lhtm 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ 004/004 .~<:~: Page 4 of 4 - . QQ 50 50 ~ :" :'~. 11105/2003 S.F CITY OF FEDERAL WAY CITY COUNCIL P ARKS/RECREA TIONIHUMAN SERVICES! PUBLIC SAFETY COMMITTEE January 12, 2004 Meeting Date: January 5, 2004 Patricia A. Richardson, City Attorney ~ ~ From: Via: David H. Moseley, City Manager Subject: Code Amendment Updating Chapter 6, Criminal Code Background: The Law Department is requesting adoption of an ordinance to amend the City of Federal Way Code under Criminal Code Chapter 6. The Washington State Legislature has modified state law regarding various crimes and the consequences thereof. The proposed amendment to Chapter 6 reflects the changes in state law. The modifications are necessary to ensure consistent enforcement of the laws. Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public Safety Council Committee approve the proposed amendment to Chapters 6 of the Federal City Code and forward to full Council for consideration. Committee Recommendation: Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and forward to full Council for consideration at the January 20, 2004 City Council meeting. Al)PROV AL OF COMMITTEE REPORT: '. Committee Member Committee Chair Committee Member , . K:\AGNDITEM\PRHSPSCOMMITfEE\Criminal update 2003 v-\ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 91-89, 99-362, 00-367, 00-374, 01-401, 02-429) WHEREAS, the City Code is at variance with state law with respect to the existence, substance, description, and procedure of certain crimes and consequences, WHEREAS, the State legislature has modified state law regarding various crimes and the consequences thereof, WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to update the City Criminal Code, the Licenses And Business Regulations Chapter and the Traffic and Vehicle Chapter of the City Code to be more in accordance with state law in order to ensure more consistent and effective enforcement and prosecution of criminal activity within the City, NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: SECTION 1. Chapter 6, Article I, Section 6-4 ofthe Federal Way City Code, is hereby amended to read as follows: 6-4 Defenses. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: ORD# ,PAGEl ç: -- 2-- (1) RCW 9A.12.010, Insanity. (2) HCW 9A.16.01 0, Definition. (3) RCW9A.16.020, Use offorce-When lawful. (4) RCW 9A.16,O60, Duress. (5) RCW 9A.16.070, Entrapment. (6) RCW 9A.16.080, Action for being detained on mercantile establishment of premises for investigation - "Reasonable grounds" as defense. (7) RCW9A.16.090, Intoxication. (8) RCW 9A.16.120. Outdoor music festival. campQround - Detention. SECTION 2. Chapter 6. Article II, Section 6-36 of the Federal Way City Code, is hereby amended to read as follows: 6-36 Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference and wherever the word "title" or words "this title" are used therein. the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: (1) RCW 66.04.010, Definitions. . (2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (3) RCW 66.20.210, Licensee's immunity to prosecution or suit - .Certification card as evidence of good faith. ORD# , PAGE 2 ~-3 (4) RCW 66.20.300, Alcohol servers -- Definitions. (5) RCW 66.20.310, Alcohol servers - Permits - Requirements - Suspension, revocation - Violations - Exemptions. (6) RCW 66.28.090, Licensed premises open to inspection - Failure to allow. (7) RCW 66.28.200. Keg reQistration - Special endorsement for Qrocerv store license - Requirements of seller. (8) RCW 66.28.210. KeÇl reÇlistration - Requirements of purchaser. (9) RCW 66.28.220. KeQ reQistration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. (71Q) RCW 66.44.01 0, Local officers to enforce law - Authority of board - Liquor enforcement officers. (811) RCW 66.44.040, Sufficiency of description of offenses in complaints, 1nformations, process, etc. (912) RCW 66.44.050, Description of offense in words of statutes - Proof required. (1~O) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (1~) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content. (1§é) RCW 66.44.080, Service of process on corporation. (1~) RCW 66.44.090, Acting without license. (1Z4) RCW66.44.100, Opening or consuming liquor in public place - Penalty. (1!!á) RCW 66.44.120, Unlawful use of seal. ORD# , PAGE 3 r-'1 (1 ~9) RCW 66.44.130, Sale of liquor by drink or bottle. (4+20) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal- Unlawful operation, possession of still or mash. (~1g) RCW66.44.150, Buying liquor illegally. (4-922) HCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (2Q~) RCW 66.44.170, Illegal possession of liquor with intent to sell - Prima facie evidence, what is. (2~) RCW 66.44.175, Violations of law. (22§) RCW66.44.180, General penalties - Jurisdiction for violation. (23§.) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (24D RCW 66.44.210, Obtaining liquor for ineligible person. (2á!!) RCW 66.44.240, Drinking in public conveyance - Penalty against carrier ~ Exception. (29~) RCW 66.44.250, Drinking in public conveyance - Penalty against individual - Restricted application. (2730) RCW 66.44.280, Minor applying for permit. (2831) RCW 66.44.290, Minor purchasing liquor. (29) RC'N 66.44.291, Penalty for minor purchasing or attempting to purchase liquor. (3Q~ RCW 66.44.300, Treating minor, etc., in public place where liquor sold. ORD# , PAGE 4 t=~5 (3~~) RCW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age. (321) RCW 66.44.320, Sales of liquor to minors a violation. (3ð§) RCW 66.44.325, Unlawful transfer to a minor of an identification card. (34§) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification card. (3áZ) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees. (3ê~) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees. (37m RCW66.44.370, Resisting or opposing officers in enforcement of title. SECTION 3. Chapter 6, Article IV, Section 6-86 of the Federal Way City Code, is hereby amended to read as follows: 6-86 Statutes adopted. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 69.41.020, Prohibited acts -Information not privileged communication. (2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order prohibited - Exceptions. (3) RCW 69.41.050, Labelinq requirements - Penalty. (3) RC\^! 69.41.070, Penalties. ORD# , PAGE 5 t:: ~lo (4) RCW69.41.350, Penalties. (4§) RCW 69.43.010, Report to state board of pharmacy - List of substances- Modification of list - Identification of purchasers - Report of transactions - Penalties. (á§) RCW 69.43.020, Receipt of substance from source outside state - Report- Penalty. (~Z) RCW 69.43.030, Exemptions. (7ID RCW 69.43.035, Suspicious transactions - Report --: Penalty. (ß~) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance-- Exemptions - Application for permit - Fee - Renewal "- Penalty. (910) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions - Penalty. (110) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine- Possession of more than fifteen grams - Penalty - Exceptions. (1~~) RCW 69.50.101, Definitions. (1~~) RCW ß9.50.204(d)(13), Schedule 1- Marijuana. (113) RCW 69.50.309, Containers. (14) RC\lV69.50AO1(e), Prohibited acts: ^ Penalties. (15) RCW 69.50.4014, Possession of forty Qrams or less of marihuana - Penalty . (1§5) RCW 69.50.412, Prohibited acts: E - Penalties. (1Zê) RCW 69.50.505, Seizure and forfeiture. ORD# , PAGE 6 'Ç-l (1§-7) RCW 69.50.506, Burden of proof. (1~g) RCW 69.50.509, Search and seizure of controlled substances. (+920) RCW 69.50.425, Misdemeanor violations - Minimum imprisonment. SECTION 4. Chapter 6, Article VII, Section 6-161 of the Federal Way City Code, is hereby amended to read as follows: 6-161 Frauds and swindles. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.04.010, False advertising. (2) RCW 9.12.010, Barratry. (3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy. (4) RCW 9.45.060, Encumbered, leased or rented personal property. (5) RCW 9.45.070, Mock auctions. (6) RCW 9.45.080, Fraudulent removal of property. (7) RCW 9.45.090, Knowingly receiving fraudulent conveyance. (8) RCW 9.45.100, Fraud in assignment for benefit of creditors. (9) RCW 9.26A.120, Fraud in operating coin-box telephone or other receptacle. (10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin. (11) RCW 9.60.010, Definitions. ORD# , PAGE 7 \==-~ (12) RCW 9A.60.040, Criminal impersonation in the first deQree. (13) RCW 9A.60.045, Criminal impersonation in the second deQree. (1ðÐ RCW 9A.60.050, False certification. SECTION 5. Chapter 6, Article IX, Section 6-211 of the Federal Way City Code, is hereby amended to read as follows: 6-211 Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.26A.110, Fraud in obtaining telecommunications service -- Penalty. (2) RCW 9A.56.010, Definitions. (3) RCW 9A.56.020, Theft - Definition, defense. (4) RCW 9A.56.050, Theft in the third degree. (5) RCW 9A.56.060(1), (2), (3) and (5), Unlawful issuance of checks or drafts. (6) RCW 9A.56.096. Theft of rented. leased, or lease-purchased property. (6Z) RCW 9A.56.140, Possessing stolen property '- Definition, credit cards, presumption. (7ID RCW 9A.56.170, Possessing stolen property in the third degree. (Sf!) RCW 9A.54.130, Restoration of stolen property - Duty of officers. (9.1.Q) RCW 9A.56.220, Theft of cable television services. ORD# , PAGE 8 ~-\ (1Ql) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (1+~ RCW 9A.56.260, Connection of channel converter. (1~~) RCW 9A.56.270, Shopping cart theft. (14) RCW 9A.56.280, Credit, debit cards, checks, etc. - Definitions. (15) RCW 9A.56.330, Possession of another's identification. SECTION 6. Chapter 6, Article XII, Section 6-292 of the Federal Way City Code, is hereby amended to read as follows: 6-292 Riot - Failure to disperse - Obstruction. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 91.84.010(1), (2)(b), Riot. (2) RCW 9A.84.020, Failure to disperse. (3) RCW9.27.015, Interference, obstruction ofç¡nycourt, building or residence- Violations. SECTION 7. Chapter 6, Article XIII, Section 6-318 of the Federa1 Way City Code, is hereby amended to read as follows: 6-318 Injury to animals. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: ORD# , PAGE 9 \=~)\) (1) RCW 9.08.020, Diseased animals. (2) RCW 9.08.030, False certificate of registration of animals - False representation as to breed. (3) RCW 9.08.065, Definitions. (4) RCW 9.08.070, Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. (5) RCW 9.08.072, TransferrinQ stolen pet animal to a research institution - Penalty . (6) RCW 9.08.078, IlIeQal sale, receipt, or transfer .of pet animals - Separate offenses. (§I) RCW 16.52.207, Animal cruelty in the second degree. SECTION 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 10. Effective Date; This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this - day of ,2004. ORD# , PAGE 10 \=-q CITY OF FEDERAL WAY MAYOR, ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA ARICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. / K:\ORDIN\Criminal update '03 ORD# ,PAGE 11 ~-\L-