PRHSPSC PKT 06-14-2004
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City of Federal Way
CITY COUNCil,
; PARKS R}~CRI!~ATI0N JIlJMAN$ERVJCES;& PUHLICSA}'ETY COMMITTEE'
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Monday, June 14,2004
5:00p.m.
, City Hall
Mt. Baker Conference Room
1. CALL TO ORDER
2. PUBLIC FORUM
3. COMMISSION COMMENTS
4. APPROV AL OF MAY 10,2004 SUMMARY
5. COMMITTEE BUSINESS
A. Washington Conservation Corps Interlocal Agreement
B. CDBG Application for the Community Center
C. Motorized (Scooter) Vehicle Use Ordinance Revision
D. Jim Webster Field Memorial
E. "Pray Federal Way" Event at Saghalie Park
F. Interlocal Agreement for Jail Administration
G. Municipal Court Judge Election
H. Narcotics K-9 Ownership Settlement Agreement between
Washington State Patrol and Federal Way Police Department
1. 2004 Bulletproof Vest Partnership Grant
Action
Information
Action
Action
Action
Action
Information
Action
Action
6.
PENDING ITEMS
. Community Center
. Hylebos State Park Transfer
7.
8.
NEXT MEETING - July 12, 2004
ADJ OURNMENT
Ikerd
Faber
Reuter
Reuter
Reuter
Richardson
Richardson
Kirkpatrick
Kirkpatrick
2004 Committee Members:
Jeanne Burbidge, Chair
Jack Dovey
Jim Ferrell
Staff:
Donna Hanson, Interim Director
Mary Jaenicke, Administrative Assistant
661-4041
~
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
June 14,2004
To:
PRHSPS Council Committee
From:
Kurt Reuter, Park Operations Superintendent
anager
Via:
David
Subject:
ay" Event at Saghalie Park
Backeround:
"Pray Federal Way" (PFW) is an organization that was formed last year. They held their first
multi-denominational church picnic on Saturday August 17, 2003, at Saghalie Park. The event
was well received by the community. PFW has requested the use of Saghalie Park again this year
for a similar event. However, for 2004 the! event is being expanded from one day to two days. For
this reason staff has determined it prudent to draft a Memorandum of Understanding to clearly
outline the responsibilities of both parties. The M.O.U. has been reviewed and approved by the
legal department and is attached for your reference.
Because PFW uses the entire park for their event, they are required to complete a Special Event
Permit application and are assessed a fee for the use of the park. The fee being charged for the
2004 event will be $1,500.00. This reflects a small increase from the fee charged for 2003, due to
the extended amount of time the event will occupy the park.
Committee Recommendation:
Motion to recommend to Council a "do pass" to accept the 2004 Memorandum of Understanding
between the City of Federal Way and "Pray Federal Way" and to place this item before Councj]
on the July 6th, 2004 consent agenda.
AI)PI~OV AI. OF COMMITTIŒ RlœORT:
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Memorandum of Understanding
"The Gathering / Picnic & Praise @ SaghaJie Park" 2004
City of Federal Way and Pray Federal Way
THIS MEMORANDUM OF UNDERSTANDING ("MOU"), dated this I sl day of July, 2004, defines
. the respective responsibilities ofthe City of Federal Way ("City") and Pray Federal Way ("PFW") in
connection with the use of Saghalie Park.
Recitals:
A. PFW produces an annual outdoor event, known as "The Gathering / Picnic & Praise @
Saghalie Park", in Saghalie Park, Federal Way, Washington ("Event"). The Event includes
a picnic and live entertainment over a two (2) day period, July 31 and August 1, 2004, from
7:00am to 9:00pm.
B. PFW will serve as the producer of the Event. The City will provide location and services as
outlined in this MOD.
NOW, THEREFORE, the parties agree as follows:
I.
City responsibilities~ The City agrees as follows:
I. Event.
A. The City shall provide use of Saghalie Park and all amenities contained
therein. This includes baseball, softball, soccer, and football fields, tennis,
basketball and volleyball courts, children's play structure and picnic tables.
B. The City shall provide maintenance support consisting of site preparation,
cleaning and maintenance of restroom facilities, designated temporary
trailer parking, and logistical support.
II.
PFW responsibilities. PFW shall:
1. Provide a detailed site plan and final time line of the Event by July 16, 2004, to the
City liaison, Kurt W. Reuter, Parks Operations Superintendent.
2. Name the City as an additional insured on all certificates of insurance relative to the
use of Saghalie Park. Copies of all insurance certificates will be provided to the
City liaison, Kurt W. Reuter, Parks Operations Superintendent, by July 16, 2004 for
inclusion in the event. Without such certificates, the event may not be held.
3. Provide volunteer support at a level that ensures adequate supervision of event
activities and spectators before, during and after the Event.
4. PFW agrees to indemnify, defend and hold the City, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and
all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this
MOD to the extent caused by the negligent acts, errors or omissions of the PFW, its
partners, officers, shareholders, agents, employees, invitees, or volunteers, or by
PFW breach ofthis MOD. PFW waives any immunity that may be granted to it
under the Washington State Industrial Insurance Act) Title 51 RCW. PFW
indemnification shall not be limited in any way by any limitation ofthe amount of
damages, compensation or benefits payable to or by any third party under workers
compensation acts) disability benefit acts or any other benefits acts or programs.
This MOU contains the obligations of both parties for PFW and may not be changed or modified
except by written agreement by both parties.
Donna Hanson, Interim PRCS Director
P.O. Box 9718
Federal Way, WA 98063 - 9718
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
Ron Walker, Team Leader
Pray Federal Way
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Puhlic in and for the State of Washington.
My commission expires
City of Federal Way
'CITY ÇOlJNCIL
PARKS, RECREATION, BIJMAN SF~RVJCIΠ& l)lJHLIC SAFKfV COMMITTEI~~
Monday, June] 4, 2004
5:00 p.m.
Ci~y 11£111
Mt. Baker Conference Room
1.
2.
CALL TO ORDER
PUBLIC FORUM
3.
4.
COMMISSION COMMENTS
APPROVAL OF MAY 10,2004 SUMMARY
COMMITTEE BUSINESS
A. Washington Conservation Corps Interlocal Agreement
B. CDBG Application for the Community Center
C. Motorized (Scooter) Vehic1e Use Ordinance Revision
D. Jim Webster Field Memorial
E. Interlocal Agreement for Jail Administration
F. Municipal Court Judge Election
G. Narcotics K-9 Ownership Settlement Agreement be een
Washington State Patrol and Federal Way Police epartment
H. 2004 Bulletproof Vest Partnership Grant /
PENDING ITEMS
. Community Center
. Hylebos State Park Transfer /
NEXT MEETING-, July 12,2004 ~{ \ II
ADJOURNMENT .I
<, )/
J '
2004 Committee Members: ~",\,~" i/
Jeanne Burbidge, Chair ./
Jack Dovey /
Jim Ferrell i
\/
5.
./
¥tion
/1nformation
/ Action
I A.
I chon
Action
Infonnation
Action
Action
6.
7.
8.
Ikerd
Faber
Reuter
Reuter
Richardson
Richardson
Kirkpatrick
Kirkpatrick
Staff:
Donna Hanson, Interim Director
Mary Jaenicke, Administrative Assistant
661-4041
City. of Federal Way
City Council
PARKS, RECREATION. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, May 10, 2004
5 :00 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Jack Dovey; Council member
Linda Kochmar; David Moseley, City Manager, Pat Richardson City Attorney, Donna Hanson, Assistant City
Manager, David Tracy, Municipal Court Judge, Angelina Allen-Mpyisi, Human Services Manager, Jennifer
Schroder, Director, Parks, Recreation & Cultural Services, Kurt Reuter, Park Maintenance Superintendent, Mary
Faber, Recreation and Cultural Services Superintendent, B Sanders, Park Planning and Development Coordinator,
Mary Jaenicke, Administrative Assistant.
Guests: Bonnie Knight-Gnwes, Arts Commission, Iris Marshall, Arts Commission, CT. Purdom, Parks
Commission, Rick Agnew, Human Services, Ronald Secreto, Human Services, Nancy Robinson, Human Services,
Renee Tanner, 4 Culture, H. David Kaplan, Citizen
Chair Burbidge called the meeting to order at 5:05p.m.
PUBLIC FORUM
H. David Kaplan spoke regarding Jennifer Schroder. He stated that during the past 14 years she has worked very
hard for the City and for the community. She was open to new ideas. He appreciated her follow through.
COMMISSION COMMENT
Bonnie Knight-Graves updated committee on what the Arts Commission has been working on in relation to their
work plan. They have chosen the artist for the City Hall and Community Center 2% for Art project, support the
gallery hangings at City Hall and the Dumas Bay Centre, initiated a sign-up sheet for the Arts Commissioners to have
representation at Chamber meetings, Council meetings and other local art events.
Rick Agnew: Spoke in favor of the one time Human Services funding that will be presented at today's meeting.
APPROVAL OF SUMMARY
Council members Ferrell and Dovey motioned to accept the April meeting minutes as written. Motion passed.
BUSINESS ITEMS
Fundine: Allocations of Human Services one-time Allocation and 2003-2004 General Fund Balance
Ms. Allen-Mpyisi reported that there is a one-time allocation of $75,000. Four agencies were selected primarily
because they can provide services within the area. There has been a large increase in the demand for food, dental
care and family co,unseling and support. Ms. Allen-Mpyisi is requesting that Council Committee approve the
recommended amounts for funding for the following agencies: Multi-Service Center - Food Bank Program,
Community Health Center of King County - Dental Services Program, Institute for Family Development - PACT
Program and Federal Way Youth and Family Services - Family Support Program. These agencies fit into the top two
priority areas that were set by City Council. Council member Ferrell recused hirnselffrom voting due to the fact that
he is a board member on the Multi-Service Center. J)ovey moved to recommend to Council to authorize the use
of the one-time Human Services funding and 200312004 General Fund Balance, totaling $75,049, be allocated
to the Multi-Service Center, Community Health Center of King County, Institute for Family Development,
and Federal Way Youth and Family Services in support of their 2004 programs:
Multi-Service Center - Food Bank Program: $35,000
Community Health Center of King County - Dental Services Program: $20,000
Institute for Family Development - PACT Program: $10,000
Federal Way Youth and Family Services - Family Support Program (Laurelwood Gardens): $10,049
This motion will be placed before the full City Council on the May 18, 2004 consent agenda. Burbidge
seconded. Motion passed.
Community Center 2% for Art-Exterior and Interior Artist Presentation
Ms. Faber introduced Renee Tanner, the Public Art Consultant for the City Hall and Community Center 2% for Art
projects. The panel process for the selection of the artist was explained. Ms. Tanner complimented Federal Way for
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday May'10, 2004 Summary
Page 2 .
the integrity and the passion and the commitment of time that was put into the artist selection. Twelve people
committed approximately 20 hours of time in two days for this process. 25 artists applied for the artwork
opportunities. Six artists were selected for the interview. Three artists were for the exterior and three artists were for
the interior. The six artists were interviewed on the second day for approximately one hour. The artists also toured
the site and reviewed the plans. The selected artist are Bruce Myers for the exterior and Laura Sindell for the
interior. The arts commission unanimously voted to accept the panels' recommendations. Claudia Fitch is the
alternate for the exterior and Pam Beyette is the alternate for the interior. A short slide show was presented to show
both artists artwork. Ms. Schroder added that Council has the final decision in choosing the artist. Ferrell moved to
approve committee recommendations one through four and place before City Council on the May 18, 2004
agenda for approval. Dovey seconded. Motion passed.
The Committee recommendations are as follows:
1. Approve the Art's Commission recommendation for the selection of Bruce Meyers as the Exterior Artist and
Laura Sindell as the Interior Artist and place before City Council for authorization at the May 18, 2004 Council
meeting.
2. Approve the Art's Commission recommendation for the selection of Claudia Fitch as the Alternate Exterior
Artist and Pam Beyette as the Interior Artist should the artist selected decline the artwork commission and place
before City Council for authorization at the May 18, 2004 Council meeting.
3. Authorize staff to enter into an agreement with Bruce Meyers for the design of an artwork/s for the Exterior
Entrance/Water Element for a project budget of$114,500 and place before City Council for authorization at the May
18, 2004 Council meeting.
4. Authorize staff to enter into an agreement with Laura Sindell for the design of an artwork/s for the Interior
Entrance/Community Wing for a project budget of $90,000 and develop the opportunities for Artist Made Building
Parts for a project budget of $30,000 and place before City Council on May ,18, 2004 for authorization.
Kenneth Jones Pool Marketine: Update
Ms. Faber updated Council Committee on the Marketing campaign introducing the lowering of fees at the Kenneth
Jones Pool. 6,000 postcards were mailed to homes on the mailing list for Recreation and Cultural Services and
distributed to various locations in Federal Way. The reduced fees are also advertised on the front cover of the
Summer 2004 recreation brochure. The brochure is mailed to approximately 40,000 households in Federal Way.
Faber reported that there has been an increase in calls sínce the post cards were mailed. The fee reduction was also
advertised in the City Newsletter and website.
Red White and Blues Festival Update
The major sponsors for this year's event are The Commons, Banana Pages, Weyerhaeuser, DeVry University,
Federal Way Mirror and City of Federal Way Arts Commission. Sponsorship applications are mailed out in
February to businesses on the Chamber list, and past sponsors. The Arts Commission is involved with planning the
hands on arts and craft and dance activities. Entertainment Fireworks Inc. in Olympia provides the fireworks. The
show costs $15,000, and is 20-22 minutes. Approximately 12-15,000 people attend the event.
2004 Bulletproof Vest Partnership Grant
Ms. Richardson reported that the Department of Public Safety would be applying for a grant to replace bulletproof
vests. This will require a match from the general fund. The department has identified budget savings from 2003 for
the local match and included it during the 2003 carry forward process.
Addendum One to the Valley Special Response Team Interlocal Cooperative Ae:reementbetween the cities of
Auburn. Federal Way. Kent. Renton. Tukwila, and Port of Seattle
Ms. Richardson reported that this is an agreement between the South King County Cities for the Swat Team. It
became evident that the cities needed to work out an agreement on how to handle lawsuits. Addendum One to the .
agreement will establish a process to assist in processing and responding to claims and lawsuits that could be
coming. Council member Dovey moved to Authorize the City Manager to enter into Amendment One to the
Valley Special Response Team (SRT) Interlocal Agreement between the cities of Auburn, Federal Way, Kent,
Renton, Tukwila, & Port of Seattle. Ferrell seconded. Motion Passed.
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday May 10, 2004 Summary
Page 3
Kikaha 0' Ke Kai Outri!!:!!:er Canoe Club
Mr. Reuter made the following changes to the memo. The date of the memo should be May 10, 2004. The fees for
use of the park this year will total $922.50 instead of$624.37. Reuter would also like the agenda item to go to
Council June 1,2004. Council member Ferrell inquired how the people that live on Steel Lake feel about this event.
CT. Purdom lives on the middle of the lake and stated that it is a wonderful experience for those that live in the
middle. The closer you get to the end of the lake, the less enthusiasm there is due to the fact that a wake is created
when they turn the outrigger canoes. Parties are planned around this date. Several public meetings were held before
the fIrst event took place. The Canoe Club has received a grant from the Lodging Tax Committee. Council
Member Ferrell moved to recommend to Council a "do pass" to accept the 2004 Memorandum of
Understanding between the City of Federal Way and the Kikaha 0' Ke Kai Outrigger Canoe Club and to
place this item before Council on the June 1, 2004 agenda. Dovey seconded. Motion passed.
2004 Interlocal A!!:reement for Waterfowl Mana!!:ement Pro!!:ram
Reuter reported that this is the 4th year for this program. The success has been well received in the community. The
Metro Park District has joined the program this year so there has been a cost reduction. Council member Dovey
moved to approve the 2004 Interlocal Agreement for Waterfowl (Canada Goose) Management Program and
forward to full Council at the May 18 meeting for consideration to authorize the City Manager to execute the
Interlocal Agreement. Ferrell seconded. Motion passed. Council member Kochrnar asked how many of the
geese are controlled. Reuter responded that the first count will take place tomorrow, and there an~ three specific
dates that are set for counting geese within our park system. There has been a decline each year. The addling of
eggs helps control the geese.
Thompson Propertv Neil?hborhood Park: Approve 85% Desil?n
Ms. Sanders discussed both the Thompson and Armstrong property together. The site plans have remained the same.
The consultant is in the process of preparing a more detailed level design for both parks. The SEP A for Thompson
property will be submitted in the next few days, and SEP Á will be submitted on the Armstrong property the
following week. The design costs are higher than what was budgeted due to more environmental and engineering
work being requested. The construction costs are also higher. Sanders stated that in order.to stay within the total
project budget, the bid package will be structured with bid alternates on both projects. Staff is working within the
budget that has been approved for both parks. Both park sites have class 1 wetlands, so there is a 200 foot buffer. .
Trails, benches and footbridges can be in the buffer. Schroder stated that the process has been to provide a budget
without a design, and this process needs to change. Chair Burbidge stated that although the parks are small, they are
very important for the neighborhoods. Dovey moved to authorize Parks, Recreation and Cultural Services staff
to proceed with design of the Thompson property and return to the PRHSPS Committee atthe 100% design
completion stage for authorization to bid. Ferrell seconded. Motion passed.
Armstronl? Property Neil?hborhood Park: Approve 85% Desil?n
Dovey moved to authorize Parks, Recreation and Cultural Services staff to proceed with design of the
Armstrong property and return to the PRHSPS Committee at the 100% design completion stage for
authorization to bid. Ferrell seconded. Motion passed.
Community Center: 30% Desil?n Status Report
Sanders reported that this is a follow up to the Study Session that was held with City Council. Council member
Dovey asked when there would be a final ruling on the wetland issue. Is it worth it to move ahead to the 50% and
find out that we would not be able to continue the project? Schroder answered that staff has had these discussions,
and they feel that the cost of stopping and waiting for the environmental review, with the cost inflation, the best thing
at this time is to move forward to 50%. At this time they will have the envirönmental review, the SEP A checklist and
all the requirements needed to submit for the variance in the buffer. Staff will report to council at that time. Ms.
Hanson stated that we would receive a report from the Environmental Consultants that will go along with the
application. This will provide a better picture of where the City stands on the issue. With this information staff will
decide whether the cost of stopping out weights the cost of moving ahead. Weare lacking that information at this
time. If we stopped at this time, we will miss a year of construction, and the costs will continue to rise. A financial
analysis will be provided in July regarding the costs of stopping. This discussion is scheduled for July 6. Council
member Ferrell stated that since we have sold the bonds, doesn't that mean that the City is committed with going
forward with the project. Ms. Schroder would follow up with Iwen Wang, to have her provide a memo to Council
explaining the bond process (see attached memo). Dovey moved to recommend a "do pass" to place the
following item on the May 18, 2004 Council Consent Agenda: Authorize Parks, Recreation and Cultural
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday May 10, 2004 Summary
Page 4
Services staff to proceed with design oHhe Community Center and ret.urn to the PRHSPS Committee at the
50% design completion for authorization to continue. Ferrell seconded. Motion passed.
Amendment to the Conservation Futures Inter!!:overnmental Cooperation Al!:reement Between Kin!!: County
and the City of Federal Way for Open Space Acquisition Projects
Schroder stated that Council authorized staff to submit a grant proposal for conservation futures for the Lakota
Wetlands Acquisition. Conservation Futures will award the total amount of grant funds requested ($194,000). The
Legal Department has reviewed the document. Council member Ferrell moved to recommend a "do pass" to the
City Council to authorize the City Manager to sign the Amendment to the Conservation Futures Interlocal
Cooperative Agreement Between King County and the City of Federal Way for Open Space Acquisition
Projects, accèpting theOConservationFutures Grant of $194,000 for the Lakota Wetlands Acquisition. Dovey
seconded. Motion passed. .
Interl!:overnmental Land Transfer Al!:reement Between Kin!!: County and the City of Federal Way - Hylebos
Acquisition Prol!:ram
Schroder stated that the Friends of the Hylebos wetlands asked the City to consider a partnership of receiving /
properties within,the Hylebos basin. The City does not pay for the acquisition, but are, willing to be the owner and
stewards of those properties. There are three parcels that are in escrow. There is approximately 47 acres total. The
City Attorneys office has reviewed the agreement and approves the agreement. Council meinber Dovey moved to
recommend a "do pass" authorizing the City Manager to sign the Interlocal Land Transfer Agreement
Between King County and the City of Federal Way. Ferrell seconded. Motion passed.
PENDING ITEMS
. Hylebos State Park Transfer: The City Attorney's office reviewed the Governors Deed that will be signed
as a part of the [mal step in the transfer. The Caretaker Agreement is being developed at this time.
. May 25 is the Park Impact Fee workshop. Dumas Bay Centre 6:00pm.
NEXT MEETING
June 142004,5:00 p.m. in the Mt Baker Conference Room
ADJOURNMENT
Meeting adjourned at 6:27p.m.
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
YAJ
At the last PRHSPS committee meeting, a question was raised as to whether the City is required to use
the $15 million bond proceeds for the proposed community center.
While the bond prospectus clearly identifies the community center as the purpose for the bond issue, the
bondholders do not require the city to follow through with the project. This is true for all general
obligation bonds backed by the full faith and credit of the City.
However, according to state law and the City's own financial policies, there are restrictions that need to
be considered. Both state law and the City's own policies restrict long-term debts to capital purposes
only. In addition, the improvements must have a longer expected life than that of the debt incurred.
Therefore, while the City is not required to use the bond proceeds for the community center, it must use
the proceeds for capital improvement projects that have an expected life span oflonger than 30 years (the
life ofthe bonds). The bond proceeds cannot be redirected to operations or capital projects with a life
span of fewer than 30 years. '
Please do not hesitate to call me should you have any questions.
k: \finance \counc i I\bond. d oc
5.A
City of Federal Way
Parks, Recreation and Cultural Services Department
MEMORANDUM
Date:
June 14,2004
To:
PRHSPS Council Committee
Subject:
Steve Ikerd, Property Services Manager
David M~anager
Washington Conservation Corps Interlocal Agreement
From:
Via:
Back2:round
As part of the mitigation plan for Celebration Park the city is required to have a five-year plan in
which to establish an 80% cover of native vegetation within designated areas. Within this
mitigated area there can be no exotic plants such as Scot's broom or Himalayan blackberry. Early
on there was a wide spread outbreak of Scot's broom and other species which the Parks
Department has been attempting to eradicate with seasonals, volunteers, and contract support over
the past four years. We have been very successful in reaching the 80% native cover, but are still
battling a few of the exotics. . .
The city entered into an Interlocal agreement with the Washington Conservation Corps for the
2003-2004 growing season. WCC will provided a six member crew, which includes a supervisor,
transportation, equipment, tools and experience for an "at cost" rate. The interlocal rate for this
service and equipment is $3500 per week, which breaks down to approximately $14.58 and hour.
After accessing the site and the amount of workload remaining, I recommend allocating up to
four weeks oflabor, for a total of$12,800. Funding for these services will be covered out of the
2004 facility maintenance contract account. Parks will continue to use volunteers to supplement
related task.
Due to unforeseen circumstances the 2004 service could not be completed by the time the
agreement ended on April 30, 2004. I recommend extending the agreement until December 31,
2004 to give more time for the Corps to complete the task.
Recommendation
Staff recommends the PRHSPS Council Committee to place the following recommendation on
the July 6, 2004 Council Consent Agenda: To extend the interlocal agreement with the
Department of Ecology, Washington Conservation Corps until December 31, 2004 for the amount
of$12,800.
Committee Recommendation
. Motion to place this item on Councils July 6, 2004 consent agenda with a "do pass"
recommendation to accept the interlocal agreement with the Department of Ecology, Washington
Conservation Corps for the amount of$12,800, extending the term until December 31, 2004.
f\- \
IIIDI8
..
fSKIHIt.. SIAII
.lAlrllll 01
C 0 LOG Y
wee AGREEMENT NO. WCCO4-16-003
WASHINGTON CONSEHVATJON CORPS
SPONSOR CONTRACT
rHIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps,
1ereinafter referred to as the "DEPARTMENT, " and that entity whose name appears in item 1, below,
1ereinafter referred to as the "SPONSOR."
l.SPONSOR: City of Federal Way Parks 2. CONTACTS
L ADDRESS: 31130 28th Ave. S. DEPT. PROJECT LEADER Nicholas Mott (360) 407-6946
Federal Way, WA SPONSOR CONTACT Dàvid Leider (253) 661-4042
98003 CREW SUPERVISOR
OTHER
SPONSOR FISCAL OFFICER
4. PROJECT TITLE/DESCRIPTION: Celebration Park
5. PROJECT LOCATION: City of Fede~al Way
6. SCOPE OF WORK: Plant removal and other work as needed
7. PERIOD OF PERFORMANCE:
CONTRACT BEGINS: 6/1/04 CONTRACT ENDS: 12/31/04
8. MAXIMUM BUDGET REIMBURSED
to DEPARTMENT
Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST
ICC Crew Labor for 4 weeks $0 $ 12,800
Total DEPARTMENT Cost $0 Total SPONSOR COST $ 12,800
Above cost
Not to be
Exceeded
.0. Special Terms and
~ondi tions
ŒJ No 0 Yes (See
XVII.)
1. Biennial Closures: In accordance with biennial closing procedures, the sponsor must REMARKS
'eimburse the DEPARTMENT no later than June 30 , 2005 for services or material
:upplied under this contract when submitted for payment on properly itemized voucqers
,Form A-19) -
AFRS ACCOUNT CODE
RANS APPN PROG PROJECT SUB PROJ ORG CO. OBJ SUB AMOUNT
'ODE FUND INDE INDE PROJ PHAS INDE OBJ
X X X
f\- 2-
CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT. THE PARTIES AGREE AS FOLLOWS:
I. All rights and obligations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in
the text of this contract instrument and Section XVII. 'SPECIAL TERMS AND CONDITIONS."
II. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in
the following order: (a) Applicable Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and
Conditions.
11. This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto.
IV. This contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so
approved. Only the authorized representative by writing (delegation to be made prior to action). shall have the expressed, implied, or apparent
authority to alter, amend, modify, or waive any clause or condition of this contract. Furthennore, any alteration, amendment, modification, or
waiver of, any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized
representative.
V. AUTHORITY AND PURPOSE:
A. Authority
The Legislature enacted Chapter 43.220 RCW which created the Washington Conservation Corps, hereinafter referred to as the "WCC,"
and named the DEPARTMENT as one of six state agencies having implementation authority. '
B. Purpose
The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the
project described in Section 7. "SCOPE OF WORK."
This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT
and the SPONSOR to their mutual benefit through a WCC project.
The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers,
including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits, nor in the
impairment of existing contracts for services. .
II. DEFINITIONS:
A. "SPONSOR Contact" shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties
concerned to promote successful completion of the project described in Section 7. 'SCOPE OF WORK.'
B. "SPONSOR Work Director" shall mean the person who specifies work to be performed onsite; outlines, describes, and delegates work to
be accomplished; supplies necessary orientation and training for use of special equipment and procedures; and is responsible for
directing WCC crew supervisor(s) regarding specific project tasks as described in Section 7. "SCOPE OF WORK"
C. "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as
liaison between the DEPARTMENT and SPONSOR. PROJECT LEADER assumes ultimate responsibility to ensure adequate
coordination of the project.
D. "Corps Member" shall mean an individual enrolled in the WCC program. Corps members shall not be considered regular state employees.
Provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement
plans. and vacation leave do not apply to the Corps members. However, medical aid and state industrial insurance will be provided by the
DEPARTMENT for each Corps member.
E. "Crew Supervisor" shall mean the person who is. responsible for matters relating to personnel administration and overall project direction.
He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew
safety, daily crew supervision and discipline, completes Corps member training plans, and provides a written evaluation of each Corps
member's job performance and skills acquired after two months and at termination of employment. ' ,
II. SCOPE OF WORK:
Both parties agree to compete in a satisfactory and proper manner the services described under the Section 7. "SCOPE OF WORK" of
this contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special
equipment required by special work conditions, and to procure any necessary pennits such as right of entry. The DEPARTMENT agrees
to provide Corps members who will be used to complete said work. All equipment provided by either the DEPARTMENT or the
SPONSOR shall be returned to the provider within fifteen (15) days after termination of this contract, unless otherwise specified in Section
XVII. "SPECIAL TERMS AND CONDITIONS." .
~-3
II. PERFORMANCE:
A. Time for Performance: Any work performed prior to the effective date of this SPONSOR CONTRACT, or continuing after the completion
date of same, unless otherwise agreed upon in writing herein, will be in violation of this contract and will be at the SPONSOR's expense.
B. Compliance With All Laws: The SPONSOR agrees to observe all federal and state laws, regulations, and policies affecting performance
under this contract.
C, Release of Information or Materials: The SPONSOR will not release any information or materials developed pursuant to this contract
without prior written authority from the DEPARTMENT.
D. Final Report Evaluation: Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written
evaluation of the project. At a minimum, the following shall be evaluated:
1. Benefit to Corps members
2. Environmental benefits
3. Department cooperation/coordination
4. Whether the overall goals and objectives of the project were obtained
5. Suggestions for program improvement
6. Revised estimates of altemate supplier cost and SPONSOR
cost/donation
K. TERMINATION OF CONTRACT:
A. Termination bv SPONSOR for Cause: If the DEPARTMENT fails to fulfill in a timely and proper manner its obligations under this contract,
or if DEPARTMENT shall violate any of the covenants, agreements, assurances, or stipulations of the contract, SPONSOR shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the DEPARTMENT at least seven (7)
days before such date.
B. Termination bv DEPARTMENT for Cause: If SPONSOR fails to fulfill in a timely and proper manner its obligations under this contract, or if
SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven (7) days
before such date.
C. Termination bv DEPARTMENT for Convenience: The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of
such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In that
event. all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review.
After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property.
D. Insufficient Fundin,,: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the after
the effective date of this contract and prior to normal completion, the DEPARTMENT may terminate the contract under Section IX.C.
"Termination by DEPARTMENT for Convenience" clause, subject to renegotiation under those new funding limitations and conditions.
K. LIABILITY:
A. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that wce members
working under this contract are agents of the DEPARTMENT,and therefore the DEPARTMENT shall be liable for personal injury or
property damage caused by WCC Corps member negligence.
B. When direct supervision is provided by the SPONSOR, the SPONSOR agrees that WCC Corps members working under this contract are
agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by wee eorps
member negligence.
C. To the extent that the Constitution and laws of the State of Washington permit, all parties to this contract shall be responsible for damage
to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. None of the parties
assume any responsibility to the other parties for the col"}~equences of any act or omission of any person, firm, or corporation not a party
to this contract.
:1. NON-DISCRIMINATION:
The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations, and policies against discrimination and
agree not to discriminate in employment, either directly or indirectly, because of a person's age, sex, sexual orientation, marital status, creed,
color, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification.
(\-~
II. DISPUTES:
Except as otherwise provided in this contract, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot
be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall
precede any action in a judicial tribunal. Either party's request for a dispute resolution must:
A. be in writing;
B. state the disputed issues;
C. state the relative positions of the parties;
D. state the SPONSOR's name, address, and WCC Agreement number;
E. be mailed to the DEPARTMENT within thirty (30) days after the party could reasonably be expected to have knowledge of the issue(s)
which are now in dispute.
III. INVOICE VOUCHERS:
Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein. The
SPONSOR shall reimburse the DEPARTME:NT for services performed when submitted on a properly itemized voucher (Form A-19) in
accordance with Section 9. "MAXIMUM BUDGET Reimbursement shall be made by the SPONSOR within thirty (30) days of receipt of
said voucher.
:IV. AMENDMENTS:
Changes in the scope of this contract which cause an increase or decrease in the cost of, or the time required for the performance of any
part of the scope of work under this contract, shall be accomplished by written amendment and executed by both parties prior to
implementation.
<V. SUBCONTRACTS:
The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written
approval of the DEPARTMENTS PROJECT LEADER.
VI. RECORDS RETENTION:
Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records
shall be subject at all reasonable times to inspection, review, or audit by duly authorized personnel for six years after the contract end
date.
III. SPECIAL TERMS AND CONDITIONS:
Special terms and conditions of this contract contained in the box below Œ] are not D are made a part of this contract (requires initials).
I . / I
Department Sponsor
III. ENTIRE CONTRACT:
This document contains the entire and integrated contract between the parties, and no statement, promise, inducement or agreement
made by the DEPARTMENT or its agents or employees that is not contained in this written contract shall be valid or binding. No
alteration, addition, or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the
authorized representatives of the SPONSOR and the DEPARTMENT
GNATURES:
)ONSOR
DEPARTMENT
(:
BY:
David H. Moseley
TLE: City ManaQer
TITLE:
Field Operations Coordinator
\IE:
DATE: 5/21/04
Pre-Approved as to form by the Assistant Attorney General
>proved as to Form:
~-5
Itricia A. Richardson, City Attorney
Jlogy is an Equal Opportunity and Affirmative action employer. For special accommodation needs, contact the Washington Conservation Corps at (206) 407-6947.
~ TDD number is (206) 407-6006.
~-{p
S.B
CITY OF FEDERAL WAY
PARKS, RECREATION AND ÇULTURA.L SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
June 7, 2004
PRHSPS Council Committee
Mary Faber Recrea .on and Cultural Services Coordinator
David Mos anager
Community e opm nt Block Grant Application for the Community
Center
Back2round:
Staff submitted a 2005 Application for a Community Development Block Grant for
funding equipment at the new Community Center. The Application was written for the
purchase of health and nutrition equipment that will be included in the new Community
Center. The City met eligibility requirements through provision of activities benefiting
low and moderate-income individuals of 62 and older.
The application included a request for the following items:
Item Price
Convection Oven, $8,752
Gas
Range, Gas $8,142
Steam table $2,426
Ice Maker/Bin $903
Stainless Steel $15,289
counters and sinks
Dishwasher $8,208
Ventilation System $23,404
Remgerators (2) $8,983
(150 sq feet)
Freezer $11,692
(150 sq feet)
Pool Lifts (2) $8,784
Therapy Table $695
$97,278
The Application is currently under review and the City will be notified of the funding status in
the Fall of 2004.
Committee Recommendation:
No action requested this is for information only.
i:1 councilinfo120041 cdbgapp6. 04
B-\
s.c
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
June 14,2004
PRHSPS Council Committee ,) p
Kurt Reuter, Park ÛJJ.erations Superintendent f\ '\
David Mos~anager
Motorized V e'tJJ.cl~ 'b~ Ordinance Revision
Background: Over the course ofthe last two years, I have received an increasing number
of calls ftom citizens who use or live along the B.P.A. Trail. They have voiced serious
concern about the increase in the use of motorized "vehicles" on the trail. Many have had
close encounters with these "vehicles". They feel that the motorized scooters and other
motorized apparatus pose a significant safety risk for pedestrians and cyclists on the trail.
They are capable of speeds in excess of 20 miles per hour, and those powered by a two-
stroke gas engine also generate a significant level of noise and air pollution. Based on
these and other considerations, staffwas asked to proceed with preparing an ordinance
reVISIOn.
The Parks and Recreation Commission reviewed and discussed this issue over the last
two months. They requested staff to prepare an ordinance revision for their review. Staff
researched other lotal jurisdictions and found relatively few that have similar laws on the
books. The information that was obtained was forwarded to our legal staff and they have
used this to assist in the preparation of a draft ordinance. It is attached for your review.
Commission Recommendation: The Parks and Recreation Coinmission reviewed the
draft ordinance revision at its May 6, 2004 meeting. They unanimously support the draft
ordinance revision and ask that it be placed on the June 14,2004 PRHSPS Council
Committee meeting agenda with a recommendation to approve.
Committee Recommendation:
Motion to recommend to Council a "do pass" to accept the amendments to Section 11-86
of Article III, Chapter 11 Park Regulations of the Federal Way City Code, and to place
this item before Council on the July 6,2004 Agenda for first reading.
:~~:::: ~:: C:M 11:-::::::::~~_C~~~_~EO~:iU~~ ~e~~er -~_: ,-~-~,J
c- \
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FED ERAL WAY, W ASHIN GTO N, AMEND IN G ARTICLE III
TO CHAPTER 11 OF THE FEDERAL WAY CITY CODE,
PARK REGULATIONS (Amending Ordinance No. 91-82)
WHEREAS, the City of Federal Way is a non-charter code city under the laws of the
State of Washington and, as such, has the power to enact ordinances for the protection ofthe public
health, safety and general welfare and for other purposes, and
WHEREAS, in 1991, the Federal Way City Council enacted Ordinance No. 91-82
establishing a park system, which is codified in .Chapter 11 ofthe Federal Way City Code; and
WHEREAS, since 1991, pedestrian use of Park properties has increased; and
WHEREAS, people have begun to operate motorized foot, scooters, motorized
bicycles and the like on Park, properties, causing a mix of uses that could pose a danger to
pedestrians; and
WHEREAS, RCW 46.61.710 restricts the use of mopeds, electric personal assistive
mobility devices, electric-assisted bicycles, and motorized foot scooters in certain areas; and
WHEREAS, RCW 46.61.710(5) specifically authorizes local jurisdictions to "restrict
or otherwise limit the access of electric-assisted bicycles and motorized foot scooters;" and
WHEREAS, Federal Way City Code Section 11-82 states that "[a]t all times and at all
locations within any park, pedestrians shall enjoy the right-of-way over any motorized or
nonmotorized vehicle, bicycle, tricycle, animal, skates or skateboard," thereby giving first priority to
pedestrian safety; and
c..... 1-
WHEREAS, the Federal Way City Code Section 11-86(a) currently prohibits persons
from operating any "bicycle, coaster, skates or skateboard in any area within any park where such
activity is prohibited by means of posted notice," but does not specifically address motorized foot
scooters, electric-assisted bicycles, or other apparatus employing an internal combustion or electric
engine on Park properties; and
WHEREAS, the City Council finds that use of motorized scooters, electric-assisted
bicycles, and any other such apparatus using an internal combustion or electric engine, in a City park
facility, trail, pedestrian corridor or any paved surface within the park, is likely to threaten pedestrian
safety and produce noise pollution that interferes with the intended use ofthe parks; and
WHEREAS, the City Council finds that it is in the best interest of the citizens to
amend Chapter 11 ofthe Federal Way City Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 11-86 of Article ill, Chapter 11 Park Regulations of the Federal Way
City Code is hereby amended to provide as follows:
11-86 Skateboarding, bicycling, coasters, motorized foot scooters, electric-assisted
bicycles, in-line skates and roller skating.
(a) No person shall ride, drive or operate any motorized vehicle in any area within
any park, including City trails, parking lots, sidewalks, pedestrian corridors, and any
paved surfaces within City parks and facilities. For the purposes of this section,
"motorized vehicles" means any form of trans po ration powered by an internal
combustion or electric engine. This includes, but is not limited to, automobiles and other
motorized vehicles as referenced in other section's of Chapter 11, golf carts, mopeds,
motorized scooters and electric-assisted bicycles. This section shall not apply to
wheelchairs powered by electric motors, or authorized maintenance, police or emergency
vehicles.
(b) No person shall ride, drive, or operate any non-motorized bicycle, coaster,
ORD#
, PAGE 2
é.-S
skates or skateboard in any area within any park where such activity is prohibited by
means of posted notice. The park director is authorized to place the appropriate notice or
notices at such times, and/or with such areas, of any park which shall make it unlawful to
ride, drive or operate any bicycle, skates or skateboard within such designated areas,
according to the posted notice.
(c) Use of non-motorized vehicles referenced in sections (a) and (b) above are
allowed in a designated skate facility.
(1) No skateboards, coasters, in-line skates and roller skates shall be ridden in a
negligent manner but shall be operated with reasonable regard for the safetyofthe
operator and other persons.
(2) Bicycles and BMX bikes are not permitted in the designated skate facility.
(3) Additional ramps, jumps or other elements may not be brought into any park
or any designated skate facility. '
(4) No formal contests of any kind shall be held without prior written approval of
the director. .
(5) Use of a skate park facility is voluntary; users assume risks and dangers
associated and incidental to the skate fàcility. (Ord. No. 91-82, § 1(24), 1-8-91; Ord. No.
01-396, § 10, 7-3-01)
Section 2. 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, 9r the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from the time of its final passage, as provided by law.
Section 5. Effective Date. This ordinance shall be effective five days after its
passage, approval and publication as provided by law.
ORD#
, PAGE 3
C.-L.{
PASSED by the City Council ofthe City of Federal Way this
2004.
CITY OF FEDERAL WAY
MAYOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Revised 1/14/04
ORD#
, PAGE 4
&5
day of July,
S.D
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
June 14,2004
To:
PRHSPS Council Committee
From:
Parks and Recreation Commission
David ~anager
Jim Webster !(ld ~e~Orial
Via:
Subject:
Backl!round:
In March 2004, the city conducted a public process to name two neighborhood parks scheduled
for construction this year. One of the recommendations was to name a park after former council
rnember, Jim Webster. Mr. Webster was one of the city's first council members and was also a
profes~ional in the field of Parks and Recreation for more than thirty-five years. Mr. Webster
served on the City Council from 1990 - 1992. He passed away in October oflast year.
Although the Webster family appreciates the recommendation to name a park in his memory they
have asked that he be remembered by naming something that has a direct connection to his
involvement as a council member and one that relates to his years of service as a Parks and
Recreation professional. The Webster family has endorsed this proposal.
Staff Recommendation:
Staff recommends naming Celebration Park Ball field number one, "Jim Webster" field. Field
one has the scoreboard and is used as the "championship field" during tournaments. The City of
Federal Way, the Washington Recreation and Park Association and the International Northwest
Parks and Recreation Association have collected donations in Mr. Webster's memory. The City
desires to use these donations to purchase and install a new "Jim Webster Field" sign and to
provide an interpretive plaque.
Committee Recommendation:
Motion to recommend to Council a "do pass" to accept the recommendation to name Celebration
Park Ball field number one, "Jim Webster" Field, and to place this item on the consent agenda at
the July 6, 2004 meeting. .
A"I~ROV AI. OF COMI\IITn.:E RlœORT:
------. ---
Committee Chair
ConuiliUcc Mcmbc."
Committee Member
.---------.....-.--------........-........... -.... ""... ----..-. -'----"'------"'--- .-..-..-.....----.. .
- --. -.--.-----..---.---..-.--.-.-..-- "'. -- ___n.. . .--...---
\:)-\
5.E
CITY OF FEDERAL WAY
CITY COUNCIL PARKSIRECREATIONIHUMAN SERVICES!
PUBLIC SAFETY COMMITTEE
June 14,2004 Meeting
Subject:
May 27, 2004
Patricia A. Richardson, City Attorney fAfl
David' H. M~anager
Interlocal Agreem¥..t for Jail Administration
Date:
From:
Via:
Background:
The cities within King County have been working on developing a method to administer the King
County and Yakima County jail contràcts, and to plan for the future. The attached memorandum
from the City Manager highlights the provisions in the proposed Interlocal Agreement, which creates
three main groups.
Staff Recommendation:
Staff recommends that the Parks, Recreation, Human Services & Public Safety Committee approve
the proposed Interlocal Agreement for Jail Administration and forward it to full council for
consideration. .
Committee Recommendation:
The Parks, Recreation, Human Services & Public Safety Committee recommends approval of the
proposed Interlocal Agreement for Jail Administration and forward it to full council for
consideration at the July 6, 2004, City Council meeting.
K:\agnditem\PRHSPS committee\jag interlocal
E -\
CITY OF FEDERAL WAY
CITY MANAGER'S OFFICE
Memorandum
DATE:
May 17,2004
TO:
City Council
FROM:
David Moseley, City Manager
SUBJECT:
JAG- King County Interlocal Agreements
Purpose
This Interlocal Agreement for Jail Administration provides the framework for cities within King.
County to work together to manage the King County and Yakima County jail contracts, dispose
of property held for jail purposes by Bellevue and develop a planto manage the cities' inmate
, population after the termination ofthe King County Jail Contract in 2012. -
Background
For the past three years, cities within King County have discussed how best to provide jail
services to city inmates. Of the 39 cities within King County, 37 cities contract with King
County for Jail Services (Kent and Enumc1aw are not parties), 35 cities in King County contract
with Yakima County for Jail services, and 16 cities contract with the City of Renton- Several
other cities have contracts with other cities and counties.
For the past several months, cities have been working on many different issues related to the
requirement to phase out of King County jails and other treatment facilities. This new direction
places new burdens on the cities over the next several years. A policy summary follows this
memorandum that highlights the policy and program implications that have already been made in
existing interlòcal agreements and a summary of some of the future policy decisions that lay .
ahead of us (Attachment B)
This interlocal agreement specifically is created to do the following:
. Clarify Roles of Cities: in planning, implementation, operation and administration of
interlocal agreements related to-the provision of current jail services;
. Plan for the Future: of facilities and programs for municipal inmates; ànd,
. Establish Payment Method for Unused Beds: should the Cities collectively fail to meet
their estimated Minimum Bed Commitment with Yakima County.
It does this by creating a governance structure which:
. implements the administration group created by the King County Jail Contract;
K:\MEMO\JAG agenda brief 4-29-04 revise.DOC
Page 1
~-2-
.
creates a group in order to facilitate cooperation in the examination of policy issues,
questions and/or disputes involving the administration of the King County Jail Contract
and the Yakima Jail Contract; ..
disposition of the Jail Property proceeds; and,
and the planning for new misdemeanant secure jail facilities, non-secure alternative
facilities or prowams to create. additional misdemeanant capacity.
.
.
This interlocal agreement does not decide the outcomes of future planning efforts, nor does it
bind any city to participate in these efforts- It sets up a cooperative process to create the plan for
how these future efforts will be undertaken.
Governance Model
To accomplish these tasks, the Jail Administration interlocal agreement creates:
. three different committees with specific responsibilities - see below and Attachment A
. an annual budget and assessment method for all cities to pay for staff support
. a fiscal agent (currently Tukwila) to manage fiscal responsibilities
The three main groups created are as follows:
1. Oversight Group of Elected Officials - Assembly
Membership: An Elected Official from each participating city.
Purpose: The Assembly will meet at least once a year to provide guidance to the JAG and JOG.
This will include issues such as annual budget, assessment and work program, disposition ofjail
property, new misdemeanant facility, fiscal agent and other policies as necessary.
2. Administrative Entity - JAG- (Jail Administrative Group)-
Membership: A group of 6 City representatives with 1 from Seattle, 1 from Bellevue, and 4 other
contract cities, one of which will include an SCA city that is the largest jail user and is party to
both the King County and Yakima County ILAs.
Purpose: The JAG will administer this and other jail related agreements. This will include
making recommendations to the Assembly, working closely with the JOG, and supervising staff.
These 6 members will also serve as the city representatives to the King County JAG.
3. Operations Entity - JOG - Jail Operations Group
Membership: A representative from each ofthe cities
Purpose: Advise the Assembly and JOG on operational issues ofthe jail contracts.
Term: The agreement continues until December 31,2012 which is the termination date ofthe
King County Contract. It can be renewed.
Termination: Cities can terminate by written notice by the end of any given year, but remain
responsible for any budget expenses incurred for that year.
.Assessment: The annual assessment is based on city population and cities usage of the Yakima
County Jail. The assessment for each City is enclosed in Attachment C.
K:\MEMOIJAG agenda brief 4-29-04 revise.DOC
Page 2
E-S
Attachment A: Overview of Governance Structure
Interlocal Agreement on J ail Administration
39 Cities
Governance -Each City Council Ratifies
J ail Oversight Assembly (Assembly)
Elected Officials from all
39 Cities Represented
.
Legislative Elected Oversight
Policy; budget; work program
Siting; debt issuance; real estate; audit
.
.
Jail Administration Group (JAG)
Six King County ILA City Admin. Appointees
. Provides recommendations to Assembly
. Contract Adinin - Four (plus future) interlocals
. Manage work programlbudget
. Hire staff as provided by budget
. Fiduciary responsibility for bùdget administration
r
Jail Operations Group (JOG)
39 City Representatives
. Daily operations issues
. Advise JAG on contract
problems/solutions
. Develop operations procedures
with 39 member cities
K:\MEMO\JAG agenda brief 4-29-04 revise.DOC
Page 3
E-~
. .
Attachment B
Policy and Program Implications from Other Interlocal Agreements
Back~round
In 2000, the cities in King County used approximately 800 jail beds on a daily basis to house
misdemeanor inmates; 622 beds at King County jail facilities and 188 beds at other facilities
(e.g. city jailsl).
In 2002, 37 cities signed a new Interlocal Agreement for Jail Services with King County; 35
cities signed an Interlocal Agreement with Yakima County? The agreements signed with King
County and Yakima County will significantly change how and where j ail beds are used. 16
cities also signed agreements with Renton on coordination oftransportationand population
management. The three biggest changes resulting from these contracts are:
.
Cities will phase out use of King County's jails beginning 12/31/03 with a cap of 380
inmates and with full phase out by 2012. In the near term, jail caps require cities to
reduce their use of King County facilities to 220 beds by July 2005.
King County required and the cities agreed to stop using the King County Jail to house city
misdemeanor inmates by December 31, 2012. From January - September 2003, the cities
averaged 380 beds at the King County Jail. Population changes and annexations will likely
require cities to plan for facilities and services that will serve as many as 500 misdemeanants
per day by 2012 above those provided by Yakima.
Cities have agreed to build or contract for the development of new facilities to house the
misdemeanant beds needed (approximately 300-400 beds) to be available as the King
County contract caps reduce access to its jails. Cities are obligated to seek new facilities
or extend the Yakima agreement beyond 2010 to meet their capacity requirements.
The cities have agreed to pay for an estimated 440 beds at the Yakima County Jail to house
city misdemeanants effective October I, 2003. The cities are currently using between 265 -
275 beds at Yakima. The 440 beds in Yakima meet approximately half of the capacity
requirements the cities will have to provide in order to fully phase out of King County. The
Yakima contract does not guarantee that those 440 beds will be available beyond the year
2010. The Cities' JAG is negotiating with Yakima to resolve a number of contract
interpretation and implementation issues.
The Cities have agreed that the Bellevue land acquired by the County for future jail
needs is to be transferred to the cities as the initial equity that is to be shared by all
King County Cities in the development of future facilities for city misdemeanants. The
cities have agreed to accept the transferof property in Bellevue é,iS equity for developing
future secure capacity and/or building or contracting for alternative corrections facilities
.
.
1 Auburn, Enumclaw, Issaquah, Kent, Kirkland and Renton have their own city jails.
2 All cities except Kent and Enumclaw signed the agreement with King County; all cities except Kent, Enumclaw,
Hunts Point and Milton signed the agreement with Yakirna County.
K\MEMO\JAG agenda brief 4-29-04 revise.DOC
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sufficient to allow the cities to completely pull out of the King County Jail by December, 31
2012.
Kin2 County Interlocal A2reement
The cities have agreed to work as one group with King County in the development of
billing procedures, dispute resolution on common billing disputes or on behalf of a member
city with an unresolved billing dispute. The County interlocal also delegates to the JAG all
other administrative oversight responsibilities including population management. Finally,
the JAG is responsible for limited re-opening negotiations in 2006 and 2009 for jail charges
and med-psychholding procedures.
Some of the major provisions in the iilterlocal agreement with King County include:
. . Section 3.3 - the cities have agreed to work with the County to develop a proportional billing
system for inmates who are held on charges ITom multiple jurisdictions.
. Section 4.2 - either the County or a city may refer a disputed billing to the Jail Agreement
Administration Group (JAG) for resolution (JAG decisions may be subsequently appealed).
. Section 10 establishes the Jail Agreement Administration Group (JAG). This group is
authorized to act on behalf of all 37 cities to resolve issues related to administration,
implementation or interpretation of the agreement including inmate transportation, alternative
and community correction programs, coordination with the courts and law enforcement,
. mental health, drug and alcohol treatment, interpretation of the Jail Interlocal Agreement, and
any re'-opener of the contract as allowed in Section 7. '
. Section 10 also establishes the membership ofthe King County JAG: two representatives
ITom King County, four repr~sentatives ITom the suburban cities, one representative ITom
Bellevue, and one representative from Seattle.
Binding limits on overall jail population capacity are agreed upon with specific deadlines
for reductions. Separate medical and psychiatric population limits have been established.
JAG is responsible for management of prisoners and defining release procedures when
med-psych limits are exceeded. Absent procedures, the County may refuse to hold and
may release these prisoners to the booking city on "Iast-in-first-out" procedure regardless
of community risk.
. Section 11 establishes binding capacity limits that apply to all 37 cities. The cities must
reduce their jail population housed at King County to 380 inmates by 12/31/03; to 250
inmates by 12131/04; to 220 inmates by 7/1/05; and to zero inmates by 12/31/12. If the cities
exceed these limits, the County has the right to refuse city misdemeanant bookings. The
contract also establishes separate capacity limits for the medical and psychiatric units; should
these limits be exceeded, the County has the right to release city inmates in these units.
Cities have agreed to hold in common the Bellevue property equity for future city
misdemeanant jail purposes or to return the unused equity plus any income earned to the
County by 2012.
. Section 12 states that the County will transfer to the City of Bellevue, on behalf of all the
/ cities, property located in Bellevue (informally known as the Overlake property). The
/' property (or proceeds ITom the sale of the property) is to be used to contribute to the cost of
building or contracting for secure capacity and/or building or contracting for alternative
corrections facilities sufficient to enable the cities to completely end their use of the King
County Jail. Ifthe cities do not build/contract for additional secure or alternative capacity
K:\MEMO\JAG agenda brief 4-29-04 revise.DOC
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sufficient to pull out of the King County Jail, the cities must transfer the property (or
proceeds from the sale of the property) back to King County.
Yakima County Interlocal Agreement
Thirty-five cities have pledged to pay for an estimated 440 beds beginning 10/01103. The
cities have agreed to individual obligations for a certain number of bedS and to share or
"pool" the usè of the beds to assure optimal use of their facility investments thereby
reducing risk of paying for unused beds.
The major provision in the interlocal agreement with Yakima County is in Section 7.
Note: Some cities contract with the city of Renton to provide coordinated inmate transportation.
Future Policy and Pr02ram Issues and a Timeframe Estimate.
Given the population limits in key agreements with King County and Yakima, cities have
obligated themselves to plan for future misdemeanant jail and alternative program needs.
Cities have to figure out how to replace the capacity they will lose when the King County
agreement ends. Questions facing the cities about planning new jail facilities include: ,
. How should the cities replace the capacity that will be lost when the King County futerlocal
Agreement ends in 2012? Should the cities work collectively to address this capacity need?
. Should the cities build a new regional jail for misdemeanor inmates or should they build
several new local jails throughout the County?
. After the contract with King County ends, should the cities continue to send some of their
inmates to Yakima County - or if a new misdemeanor facility is built locally, would it be
more cost effective to house all inmates locally?
. Should a new jail facility be a full service jail-facility (similar to Yakima or King County) or
should it be a minimum 30 day holding facility?
. What decisions should be made and how soon should cities make the decisions about how to
extend or replace Yakima services after 201 O?
Timing: after a decision is made to build a jail or other facility(ies) and funding is in place,
it takes 4 - 6 years to go through the EIS, planning, design, and construction. An
optimistic schedule for the development of new facilities follows below:
2004 - 2006:
0 Complete population management implementation procedures, information systems and
transportation support for city misdemeanants
0 Forecast future jail use by the 37 cities
0 Identify treatment options, needs and types of facilities and locations support the 37 cities
depending on policy framework agreed upon by each city.
0 Establish financing mechanism - who issues the debt? Establish a PDA to use some
other interlocal arrangements such as contract arrangements for delivery of jail services
to cities
0 Negotiate long-term governance model for development and management of jail services
in King County as well as services provided outside of King County
2006-2008: fuitiate public siting process for the facilities
2008 to 2012: EIS, jail design, construction
2012: Testing and start-up operations for new jail and other misdemeanant facilities
Jan.l,2013: Contract with King County has ended; new facility(ies) opens -
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E-l
INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION
ESTABLISHING THE TERM, PURPOSE, MEMBERSHIP, GOVERNANCE,
JML OVERSIGHT ASSEMBLY (ASSEMBLY), JAIL ADMINISTRATION
GROUP (JAG), JML OPERATION GROUP (JOG), MEETINGS, FISCAL
AGENT, STAFFING, ANNUAL ASSESSMENT, TERMINATION, DISPOSITION
OF REAL PROPERTY, INSURANCE AND INDEMNIFICATION
REQUIREMENTS AND GENERAL PROVISIONS
This Interlocal Agreement ("Agreement") is dated effective November 1,2003
and is made and entered into between Algona, Auburn, Town of Beaux Arts Village,
Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des
Moines, Duvall, Enumc1aw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent,
Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Milton, Newcastle,
Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle,
Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and the Town of Yarrow
Point, Washington, municipal corporations organized under the laws of the State of
Washington (collectively the "Cities").
A. The Cities enter into this Agreement pursuant to and as authorized by the
Interlocal Cooperation Act (Chapter 39.34 RCW).
Some of the Cities have entered into a long tenD Interlocal Agreement with
Yakima County, as amended, for the purpose of housing the Cities' inmates in
Yakima County jail facilities ("YakimaJaíl Contract"). The Yakima Jail Contract
commits the Cities to deliver a certain number of inmates to Yakima County to
satisfy a Minimum Bed Commitment. The Yakima Jail Contract and any
addendums to it are incorporated herein by this reference. .
Previously, the Cities negotiated the terms of an agreement regarding the use by
the Cities of the Minimum Béd Çommitment, including the allocation of jail beds
among the Cities and the allocation of chärges for jail service under the Yakima
J ail Contract; however, that agreement never took effect.
Some of the Cities have entered into a Jail Services Agreement with King County
("King County Jail Contract") providing for the Cities' use of jail beds in King
County jail facilities for a limited time not to exceed ten years. The King. County
J ail Contract is incorporated herein by this reference.
The King County Jail Contract provides for the creation of a Jail Administration
Group to respond to any issue regarding the administration, implementation or
interpretation of the King County Jail Contract.
King County and the City of Bellevue have entered into a Land Transfer
Agreement pursuant to Paragraph 12 of the King County Jail Contract which
provides for the transfer of ownership of the eastside Jail site ("Jail Property") to
Bellevue on behalf of all of the Cities. The Land Transfer Agreement is
incorporated herein by this reference.
Interlocal Agreement for Jail Administration
Page I of23
B.
C.
D.
E.
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G.
The Cities desire to enter into this Interlocal Agreement for Jail Administration in
order to set forth the purpose, membership, governance, meeting fi-equency, fiscal
agent, staffing, term, annual assessment, termination, and insurance and
indemnification requirements, and regarding the use by the Cities of the Minimum
Bed Commitment under the Yakima Jail Contract, including the method for
allocating those jail beds as between the Cites, and to establish the formula for
payment for unused beds should the Cities collectively fail to meet their
Minimum Bed Commitment with Yakima County, as more specifically set forth
in this Agreement.
The Cities of Kent and Enumclaw are not parties to the Yakima Jail Contract or
the King County Jail Contract. Kent and Enumclaw are included as parties to this
Interlocal Agreement to clarify the City of Bellevue's authority with respect to the
Jail Property, and to provide for Kent's and Enumclaw's participation in. the
planning process for disposition of Jail Property proceeds and for future jail
facilities.
H.
1.
IT IS HEREBY AGREED AS FOLLOWS:
PURPOSE
This Interlocal Agreement is entered into by the Cities to further clarify the role of the
Cities and their representatives in planning, implementation, operation and administration
of interlocal agreements related to the provision of current jail services, and in planning
for future facilities and programs for municipal inmates, and to establish a formula for the
payment of unused beds should the Cities collectively fail to meet their Minimum Bed
Commitment with Yakima County. This Agreement implements the administration
group created by the King County Jail Contract and creates a group in order to facilitate
cooperation in the examination of policy issues, questions and/or disputes involving the
administration of the King County Jail Contract and the Yakima Jail Contract, the
disposition of the Jail Property proceeds, and the planning for new misdemeanant secure
jail facilities, non-secure alternative facilities or programs to create additional
misdemeanant capacity,
2.
CREATION OF THE ASSEMBLY, JAG AND JOG
To accomplish the purposes of this Agreement, the Cities hereby create an oversight
group of elected representatives called the Jail Oversight Assembly ("Assembly"), an
administrative entity called the Jail Administration Group ("JAG"), and an operations
entity called the JaH Operations Group ("JOG"), all as further described in Section 6 of
this Agreement.
3.
DEFINITIONS
Assembly means the Jail Oversight Assembly created pursuant to Section 6 of this
Agreement with the duties described herein.
Average Daily Population ("ADP") means that number of City Inmates confined in
Yakima County jail facilities for a year, divided by 365.
Interlocal Agreement for Jail Administration
Page 2 of23 E -~
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Cities means Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond,
Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, EnumcIaw,
Federal Way, HuntsPoint, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple
Valley, Medina, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific,
Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie,
Tukwila, Woodinville, and Town of Yarrow Point, Washington.
City means a Washington city or town that is a party to this Agreement.
City Member means any city or town that has signed this Agreement.
Estimated Average Daily Population ("EA.DP") means that number of City Inmates
that each City estimates it will confine in Yakima County jail facilities in a year, divided
by 365. -
Fiscal Agent means the "fiscal agent" selected by the Assembly pursuant to RCW
39.34.030. '
.~
JAG means the Jail, Administration Group created pursuant to Section 6 of this
Agreement, and the King County Jail Contract. -
JOG means the Jail Operation Group created pursuant to Section 6 of this Agreement
and with the duties described herein.
Jail, Property means that certain .real property located in Bellevue, Washington"and
commonly known as. 1440 116th Avenue NE and 1412 116th Avenue NE, Bellevue,
Washington, to be conveyed to the City of aellevue to hold on behalf of all King County
cities as third party beneficiaries consistent with the King County Jail Contract.
Minimum Bed Commitment means the bed commitment made by the Cities
colleCtively to maintain an Average Daily Population in Yakima County jail facilities
equal to 440 City Inmates from October 1, 2003 through December 31,2009, oras
otherwise set in the Yakima Jail Contract.
Overused Bed Commitment means the difference between a City's EADP and the
actual nmriber of City Inmates sent to Yakima County jail facilities by that City, where
the actual number is less than that City's EADP.
4.
TERM
This Agreement shall be dated effective November 1, 2003 and shall continue until
December 31, 2012, the date of the expiration of the King County Jail Contract ("Term").
This Agreement may be renewed for any successive periods, by written addendum, under
terms and conditions acceptable to all of the Cities. No City that is a party to this
Agreement at its inception or thereafter will be required to be a party to any renewal of
this Agreement.
5.
TERMINATION
5.1 Termination Unrelated to Yakima Jail Contract. Any City may terminate its
participation in this Agreement by delivering written notice to the Assembly, by
Interlocal Agreement for Jail Administration
Page 3 of23 E -rO
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December 31 in any year, of its intention to terminate effective December 31 of the
following year. Any City tenninating this Agreement shall remain legally and financially
responsible for any obligation incuÌTed by the City pursuant' to the terms of this
Agreement, including its obligation to pay its annual assessment for the current budget
year as described in Sections 8 and 9 of this Agreement.
5.2 Termination for Cause - Yakima Jail Contract. In the event any City's
participation in the Yakima Jail Contract is terminated for cause, as defined in the
Yakima Jail Contract, such City shall remain legally and financially responsible to
Yakima County for its EADP until December 31, 2009, or the end of the then existing
term if the Yakima Jail Contract has been extended before the termination for cause;
provided, that the terminated City may be entitled to a credit under Section 10 of this
Agreement. '
6.
6.1
GOVERNA.NCE
Jail Oversight Assembly (Assembly).
(a) Membership. Each City Member shall appoint one elected official to be a
member of the Assembly. The initial Assembly member for each City shall be
the elected official designated by the City in the space provided below the City's
signature on this Agreement. In the event that a City's initial Assembly member
becomes unable to serve as an Assembly member, the City shall designate a new
or alternate Assembly member.
(b) Assembly Powers. The Assembly shall make policy determinations
necessary to guide and direct the administration of this Agreement, and to guide
JAG and JOG in the performance of duties UIlder this Agreement, the King
County Jail Contract, the Land Transfer Agreement, and the Yakima Jail
Contract. The Assembly shall have the following duties and powers:
(i) Annual Assessment. Budget and Work Program. The Assembly
shall receive recommendations fÌ'om JAG regarding the annual budget pursuant to
Section 8 of this Agreement, the amount of the annual assessment pursuant to
Section 9 of this Agreement, and an annual work program. On or before July 151
of each year, the Assembly shall submit to the legislative body of each City a
recommendation for the annual assessments, the. annual budget, and the work
program for the next year.
(ii) Disposition of Jail, Property. The Assembly shall receive
recommendations from JAG and/or JOG regarding use of any proceeds of the sale
or transfer of the Jail Property, and then either approve, reject or approve with
modification such use of the proceeds.
(iii) New Misdemeanant Facilities. The Assembly shall receive
recommendations fÌ'om JAG and/or JOG regarding alternatives for assessment
and planning for new misdemeanant secure jail facilities, proposals to site or
create jail facilities, options for non-secure alternative facilities or programs and
issuance of long term debt for construction of such facilities and then either
approve, reject, or modify the recommended alternative.
Interlocal Agreement for Jail Administration
Page 4 of23 1; - \ \
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(iv) Amendments. The Assembly shall receive recommendations from
JAG and/or JOG regarding any amendments to this Agreement, including the
amendment of the annual assessment formula set forth in Section 9 of this
Agreement, or the other interlocal agreements referenced by this Agreement and
incorporated herein, and then make a recommendation to approve, reject or
modify such amendment to the legislative bodies of each City or return the
recommendation to the JAG or JOG. .
(v) Fiscal Agent. The Assembly shall appoint a Fiscal Agent for the
purposes of carrying out and recording financial transactions pursuant to RCW
39.34.030.
(vi) Policy Determinations. The Assembly may make such policy
determinations as are necessary to guide the administration or implementation of
this Agreement, the King County. Jail Contract, the Yakima Jail Contract, and the
Land Transfer Agreement, including but not limited to policy regarding the hiring
of employees or contracting with consultants, purchasing of goods or services,
and adoption of procedures for the administration of this Agreement.
(c) Meetings. The Assembly shall meet at the times convened by its officers,
but at least once each year. For any meeting held in addition to one annual
meeting regarding the annual budget, assessments, and work program, the
Assembly may meet by telephone, electronically, video conferencing, or any
other communications mechanism that' ällows 'simultaneous communication
between all persons in attendance; provided, that at least fourteen days notice of:
the meeting is provided to all Assembly members. A quorum shall consist of
Assembly members representing sixty percent (60%) of ,the total residential
population of all City Members. Decisions shalf be made or action shall be taken
by the affinnative vote of Assembly members from Cities having, sixty percent
(60%) of the total residential population of all City Members. For purposes of
this section, each Cities' residential population shall be deemed to be the most
recent population estimate available from the State of Washington's Office of
Financial Management. If an Assembly member will be absent from a meeting,
the Assembly member may, but is not required to, designate by written proxy
another person to attend the meeting and vote on behalf of the Assembly member.
The Assembly may seek a straw vote for informational purposes only.
(d) Assembly Officers. The Assembly members shall select up to four
officers, including a chairperson and vice-chairperson to serve as the executive
committee; provided, that if representatives are not selected ftomeach of the three
largest jail users among the cities that are parties to both the Yakima and King
County jail interlocal agreements for housing misdemeanant inmates, such
representatives shall be included as additional members of the executive
committee. "Largest jail user" is determined by the swn of the jail inmate
populations in the King County and Yakima jail facilities from the prior calendar
year. The officers serving as the executive committee shall (1) convene meetings
of the Assembly as the officers determine, appropriate, but at least once a year, (2)
establish the agenda for each meeting, (3) act as,spokespersons for the Assembly,
and (4) convene and make assignments to Assembly subcommittees, as
Interlocal Agreement for Jail Administration
Page 5 of23
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6.2
appropriate. The chairperson shall preside over the Assembly's meetings, and the
vice-chairperson shall preside in the chairperson's absence.
Jail Administration Group (JAG).
(a) Membership. The JAG shall be composed of six (6) members as follows:
City of Seattle Representative (1)
City of Belle vue Representative (1)
Suburban Cities Representatives (4)
The Mayor of Seattle shall appoint the City of Seattle representative, and shall
also appoint an alternative Seattle representative to serve in the event that the
original representative is absent or becomes unable to serve. The Bellevue City
Manager shall appoint the City of Bellevue representative, and shall also appoint
an alternative Bellevue' representative to serve in the event that the original
representative is absent or becomes unable to serve. The Suburban Cities
Association ("SCA") shall select three (3) representative cities through a process
defined by the SCA, and a fourth representative among the SCA cities shall be
selected by the Mayor or City Manager of the SCA city that is the largest jail user
and a party to both the King County and Yakima interlocal agreements for
housing misdemeanant inmates. "Largest jail user" is determined by the sum of
the jail inmate populations in the King County and Yakima jail facilities from the
prior calendar year. For eaéh city representative selected by SCA, and the
suburban city selected based upon largest jail ,population, the Mayor of a
mayor/council city or the City Manager of a manager/council city shall appoint
that City's representative, as well as an alternative representative to serve in the.
event that the original representative is absent or becomes unable to serve. The
Seattle, Bellevue, and Suburban Cities membérs of the JAG created in this
Section shall be the ,same as the members of the JAG created under the King
County Jail Contract.
(b) JAG Powers. The JAG shall administer this Agreement pursuant to the
terms of this Agreement, the Yakima Jail Contract, the King County Jail Contract,
and the Land Transfer Agreement and pursuant to any procedures adopted by the
Assembly or JAG. The JAG shall have the following duties and powers:
(i) Act as the Cities' representatives to the King County Jail Contract
and perform all duties assigned to JAG under that Contract,
consistent with policy direction provided by the Assembly under
this Agreement;
Make policy recommendations as defined in Section 6.1 of this
Agreement to the Assembly including, without limitation,
recommendations on the disposition of the Jail Property proceeds
(subject to Section 7 of this Agreement), alternatives for
assessment and planning for new misdemeanant secure jail
facilities, proposals to site or create jail facilities, options for non-
secure alternative facilities or programs and issuance of long term
debt for construction of such facilities, and contract language
(ii)
Interlocal Agreement for Jail Administration
Page60f23 ~-\~
(iii)
associated with any re-opener of the provIsIOns described in
Section 7 of the King County Jail Contract;
Make recommendations to the Assembly on the appointment of a
Fiscal Agent for the purposes of carrying out and recording
financial transactions pursuant to RCW 39.34.030;
Evaluate JOG recommendations regarding the interpretation of the
King County Jail Contract or Yakima Jail Contract and issues
relàted to inmate transportation, alternative and community
correction programs, coordination with the courts and law
enforcement, mental health, drug and alcohol treatment, alternative
facilities within or,outside of King County or other related issues;
After consultation with JOG, 'develop and recommend .a budget,
induding annual assessments, and work program to the Assembly,
and implement the budget and work program, subject to the Cities'
obtaining legi,slative body approval of each City's individual
annual assessment, the annual budget, and the work program in
accordance with Section 8 of this Agreement;
. Following budget and work program approval by the Assembly
and City Members in accordance with Section 8 of this Agreement,
and subject to the .availability of funds, theJAG, acting through its
chairperson, will have the following additional powers:
(1) Hire and supervise any staff, consultants or private
vendors consistent with the annual budget, work
program, and any human resource policies and
procedures of the Fiscal Agent;
(iv)
(V)
(vi)
(vii)
Negotiate and enter into any contracts or
agreements with third parties for goods and services
consistent with the annual budget and work
program;
Approve or disapprove expenditures consistent with
the annual budget and work program;
Make purchases or contract fòr services consistent
with the annual budget and work program; and
(5) . If an annual budget becomes effective under
Section 8.1, but insufficient Cities approve and pay
assessments to fund the entire work program for
that budget year, then JAG has the authority to
assign priorities to various items in the work
program and to determine which items or portions
of items will be removedftom the work program
for that budget year.
Adopt procedures for the conduct of JAG's meetings;
(2)
(3)
(4)
Interlocal Agreement for Jail Administration
Page 7 of23 E.... \'1
(viii) Uniformly inform and consult with the Assembly and JOG for
contract disputes, operational policy issues, hiring and supervision
of staff, creation of the work program, creation of the budget,
revisions to the cost allocation formula to establish the annual
assessment set forth in Section 9 of this Agreement, disposition of
the Jail Property proceeds and any decisions regarding assessment
and planning for new misdemeanant secure facilities,
misdemeanant non-secure alternative facilities or programs;
(ix) Mediate disputes or issues presented to JAG by a City or Cities
regarding the interpretation of or otherwise arising out of this
Agreement, the Yakima Jail Contract, or the King County Jail
Contract. In the event that any City or Cities present a dispute to
JAG and JAG is unable to resolve the dispute in a manner
acceptable to the Cities involved~ the Cities shall submit the
dispute to mediation prior to initiating any action in a court; and
Conduct any and all other business . allowed by applicable law and
necessary to carry out the purposes of this Agreement.
(c) Meetings. The JAG shall meet as often as it deems necessary, but not less
than quarterly. A quorum shall consist of a simple majority of the JAG's
members or alternates. Decisions will be made by consensus of all the JAG
members in attendance at a meeting. The JAG may seek a straw vote for
informational purposes only.
(d) Chairperson, The JAG members shall select a chairperson and vice-
chairperson ftom among the JAG members to pres}de over JAG's meetings.
Jail Operation Group (JOG).
(x)
6.3
(a) Membership. Each City Member shall appoint one representative to be a
member ofthe JOG. The initial JOG member for each City shall be designated by
the City in the space provided below the City's signature on this Agreement.
(b) JOG Powers. The JOG shall advise the Assembly and JAG on operational
issues regarding the King County Jail Contract or the Yakima Jail Contract,
including without limitation, issues or disputes among the City Members related
to contract interpretation, contract disputes, inmate transportation, alternative and
community correction programs, coordination with the courts and law
enforcement, mental health, drug and alcohol treatment, alternative facilities
within or outside of King County, and any other related issues. The JOG shall
, consult with JAG regarding recommendations for the annual budget, assessments,
and work program. .
(c) Meetings. Tþ.e JOG shall meet as often as it deems necessary, but not less
than quarterly. A quorum at any meeting of the JOG shall consist of a simple
majority of the JOG members. Decisions will be made by consensus of all the
JOG members in attendance at a meeting. The JOG may seek a straw vote for
informational purposes only.
Interlocal Agreement for Jail Administration
Page 8 of23 ~ -15
(d) ChairPerson. The JOG members shall select a chairperson' and vice-
chairperson from among the JOG members to preside over JOG's meetings.
7.
JML PROPERTY
. 7.1 Land Transfer. Pursuant to the terms ofthe King County Jail Contract and the
Land Transfer Agreement, King County will convey the Jail Property to the City of
Bellevue prior to July 1, 2004. Bellevue will hold the Jail Property on behalf of all cities
in King County as third party beneficiaries. Bellevue shall act as the fiscal agent of the
cities for purposes of taking action with respect to the Jail Property. Any disposition of
the Jail Property shall also be consistent with the terms and provisions of Section 12 of
. the King County Jail Contract, which provides in pertinent part as follows:
"The Property will be used to contribute to the cost of building secure
capacity, or contracting for secure capacity, and, at the sole discretion of
the Contract Cities, building or contracting for alternative corrections
facilities, sufficient to enable the Contract Cities to meet the final step
(occurring on December 31, 2012) of the population reduction schedule as
detailed in SeCtions 11.3 and 11.4 of this Agreement. The parties
understand that the Property may be sold or traded and the proceeds and/or
land acquired from such sale or trade used for the purposes detailed in the
preceding sentence. The parties further agree that in the event the cities do
not build secure capacity, or contract for secure capacity, and, at the sole
discretion of the Contract Cities build or contract for alternative,
corrections facilities, sufficient to enable the Contract Cities to meet the
final step (occurring on December 31, 2012) of the population reduction
schedule as detailed in Sections 11.3 and 11.4 of this Agreement the City
of Bellevu.e. shall transfer title to the Property back to the County if such
Property has not been sold; or if such Property has been sold, pay the
County an amount equal to the net sale price of the Property, plus
investment interest earned; or if the Property has been traded, pay the
County the appraised value of the Property at the time of the trade,' as
determined by an MIA appraiser selected by mutual agreement of King
County and the City of Bellevue, plus investment interest earned."
7.2 Expenses. The City of Bellevue is authorized to sell the Jail Property for no
less than fair market value. Fair market value shall be determined by an MIA appraisal
commissioned by the City. The City of Bellevue is authorized to deduct from the gross
proceeds customary expenses necessary to dispose of the property and costs incurred to
perform due diligence studies necessary to exercise the option to take possession of the
property from the County including, but not limited to, tests inspections, survey,
appraisal, expenses resulting from any legal challenge, maintenance activities during the
time the City of Bellevue has possession of the property. The total deductions shall not
exceed five percent (5%) unless approved by the Assembly.
If the Jail Property is sold and Cities fail to meet the terms set out in Section 12 of the
King County Jail Contract referenced in Section 7.1 above regarding use of the proceeds,
Cities are responsible for their proportional share of the amount required to reimburse
Interlocal Agreement for Jail Administration
Page 9 of23 Ë -,~
King County as referenced in that section. This responsibility will be met collectively by
requiring the fiscal agent to invest the sale proceeds in investment instruments that will
preserve the full value of the capital assets, assure liquidity for funding future
misdemeanant jail facilities and achieve the best rate of investment return. Until these
conditions can be met, the fiscal agent shall retain the sale proceeds in the State Local
Government Investment Pool.
8. FINANCE AND BUDGET
8.1 Budget. The budget year for jail administration and operations shall be January 1
to December 31 of any year. On or before July 1 5t of each year, a recommended budget,
assessments, and work program for the next budget year shall be prepared by JAG,
reviewed and recommended by the Assembly, and transmitted to each City's legislative
body for approval or disapproval. Approval of the budget by a City's legislative body
shall obligate that City to pay the assessment budgeted for that City for the next budget
year; if a City's legislative body disapproves the budget that City shall not be obligated to
pay the assessment budgeted for that City for the next budget year. An annual budget,
including assessments, and work program shall not become effective unless the annual
budget is approved by the legislative bodies of Cities representing sixty percent (60%) of
the total residential population of all City Members. If an annual budget becomes
effective under this Section, but insufficient Cities approve and pay assessments to fund
the entire work program for that budget year, then JAG has the authority to assign
priorities to the various items in the work program and to determine which items or
portions of items will be removed from the work program for that budget year.
For budget year 2004, the Cities shall make a good faith effort to accomplish the budget,
assessment, and work program approval process by December 31, 2003. In the event that
the Cities are unable to complete the process by that date, the Cities agree that the
assessments for the year 2004 shall be as stated in Exhibit A to this Agreement, and the
budget and work program approval for the year 2004 shall be completed by March 31,
2004 and shall be consistent with the assessments stated in Exhibit A.
8.2 Authority. The JAG, acting through its chairperson, and consistent with the
budget, assessments, and work program approved by the City Members, is authorized to
(1) apply for loans or grants in order to accomplish the purposes of this Agreement
consistent with Chapter 39.34 RCW, (2) seek and negotiate partnerships with public and
private corporations or entities as allowed by law, and (3) apþrove expenditures and
direct the Fiscal Agent to make payments. The Fiscal Agent is empowered to receive all
annual assessments received from the Cities and to make disbursements as approved by
the JAG chairperson. If grants or other unbudgeted funds become available, budget
amendments will be referred to the Assembly for its review and recommendations to City
Members.
8.3 Fiscal Agent. The City of Tukwila shall act as the Assembly's initial Fiscal
Agent pursuant to RCW 39.34.030 until the Assembly approves another Fiscal Agent.
8.4 Intergovernmental Cooperation. The Assembly and JAG will cooperate with
state, county, and other local agencies to maximize use of any grant funds or other
Interlocal Agreement for Jail Administration
PagelOof23 ~-Il
resources and enhance the effectiveness of the programs and projects created or
implemented pursuant to this Agreement.
9.
ANNUAL ASSESSMENT
Funding for the activities under ,this Agreement shall be provided solely through the
budget process described in Section 8 and collection of the annual assessment described
in this Section 9. No separate dues or assessments shall be imposed or required of the
Cit~es except upon unanimous vote of all of the Cities. The annual assessment shall be
paid to the Fiscal Agent on a quarterly basis at the beginning of each quarter. Each City
shall be assessed an annual assessment fee equal to Two Hundred and Fifty Dollars and
NoI100 ($250.00) or equal to its proportional share of the approved budget based upon
the following cost allocation formula, whichever is greater:
(i) 50% of the annual fee shall be based upon the percentage calculated by
dividing each City's residential population into the total residential
population of all City Members, multiplied by one-half ofthe total amount
of the annual budget; and
50% of the annual fee shall be based upon the percentage calculated by
dividing a City's EADP into the actual total annual jail bed usage by the
Cities in the Yakima jail facilities, multiplied by one-half of the total
amount of the annual budget.
(ii)
The cost allocation fonnula is expressed as follows:
(City's res. populatiòn)
(Total of all Cities' res. population) multiplied by (~oftotal annual budget)'
plus
(City's EADP)
(Total Annual Jail Bed Usage of all Cities) multiplied by (~oftotal annual budget)
in Yakima County jail facilities)
equals
City's Total Annual Assessment
10. DEFICITS IN USAGE OF YAKIMA JAIL BEDS
Each City has generated an EADP. Attached hereto as Exhibit B, and incorporated by
this reference, is the EADP of each City. In the event the Cities collectively fail to meet
their Minimum Bed Commitment for any year during the term of the Yakima Jail
Contract, the EADPs set forth in Exhibit B shall be used by the Cities to calculate the
proportionate share owed by any individual City to Yakima.
Interlocal Agreement for Jail Administration
Page 11 of23 E "'lß
Each City will be responsible for its bed commitment to Yakima. Only those Cities that
did not meet their EADPs and have unused bed commitment for the year will be
responsible for paying Yakima for such unused bed commitment.
However, if some cities exceed their. EADP, their overage will be distributed as a credit
to the cities whose jail use was less than their EADPs. Each City's credit will be based
upon its percentage share ofthe total EADP.
A City whose actual jail use equals or exceeds its EADp will pay Yakima an amount
equal to its actual jail use. A City whose actual jail use is less than its EADP will pay
Yakima an amount based on its EADP less the credit as described in this section.
For purposes of this section, "credit" shall mean the product resùlting from multiplying
the (Beds in excess of Cities' EADP) by the quotient obtained by dividing the (EADP of
a City with Unused Bed Commitment) by the (Sum of EADPs of all Cities with Unused
Bed Commitment.) The calculation of a City's credit is expressed in the formula below:
City Credit = (Sum of amount over the EADP X (EADP of a City w/Unused Bed Commitment)
of All Cities Which Exceed Their EADPs) (SumofEADPs of Cities w/Unused Beds)
For a City whose actual jail use was less than its EADP, its "credit" will be subtracted
from the number of unused city beds. The difference is the amount that shall be paid to
Yakiina as expressed in the formulas below: '
City's unused beds = City's EADP - City's actual bed use
Amount owed to Yakima = City's unused beds - city credit
Exhibit C, attached hereto and incorporated by this reference, provides an example of a
hypothetical application of this formula.
11.
SURPLUS USAGE OF YAKIMA JAIL BEDS
The Cities acknowledge that the Yakima Jail Contract does not require each City to
maintain ajail usage equal to that City's EADP. Overused Bed Commitment by one City
may inure to the benefit of the other Cities. However, Overused Bed Commitment in
excess of five percent (5%) may create a hardship for the other Cities. Therefore, prior to
usage in excess of five percent (5%) of its EADP, a City must obtain consent from
another City or Cities to use a portion of the other City's or Cities' EADP.
12.
NEW MEMBERS
Any city or town may become a member to this Agreement so long as such city or town
has entered into contracts for jail services with King County or Yakima County, executes
an Addendum to this Agreement agreeing to comply with the terms and provisions ofthis
Agreement, as now existing or hereafter amended, and obtains approval of the current
budget by its legislative body. The Assembly shall detennine what, if any, funding
obligations such additional member city shall pay as a condition of becoming a member
city to this Agreement.
Interlocal Agreement for Jail Administration
Page 12 of23 E" --l,
13.
MAILING ADDRESSES
All notices and correspondence to the respective parties to this Agreement shall be sent to
the City Manager or Mayor for each City. All notices and correspondence to the
Assembly shall be sent to the office ofthe Fiscal Agent. .
14.
INSURANCE
14.1 Evidence of Insurance Coverage. Each City agrees to provide the other Cities
with evidence of insurance coverage, in the form of a certificate of insurance from a
solvent insurance provider and/or a letter confirming coverage from a solvent insurance
pool or self-insurance program which is sufficient to address the insurance and
indemnification obligations set forth in this Agreement.
14.2 Minimum Liability Limits. Each City shall obtain and maintain throughout the
term of this Agreement coverage in minimum liability limits of one million dollars
. ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its
liability exposures, including comprehensive general liability, errors and omissions, auto
liability and police professional liability. The insurance policy shall provide coverage on
an occurrence basis; except that insurance on a "claims made" basis may be acceptable
with prior approval from JAG. If coverage is approved and purchased on a "claims
made" basis, the City Member providing such, insurance warrants continuation of
coverage through policy renewals or the purchase of a tail, and/or conversion from a
"claims made" form to an "occurrence" coverage form.
15.
HOLD H.ARMLESS/IND EMNIFICA TI 0 N
Each City shall defend, indemnify and hold harmless all other Cities, their officers,
agents and employees, from and against any and all claims, including third party claims,
costs, judgments or damages, including attorney's fees, arising out of the negligent acts
or omissions of the City, its officers, agents and employees, in connection with this
Agreement.
The Cities hereby waive, as to each other only, their immunity from suit under industrial
insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
Cities.
The provisions of this Section shall survive any termination or expiration of this
Agreement.
16. GENERAL PROVISIO~S
16.1 This Agreement contains all of the agreements of the Cities with respect to any
, matter covered or mentioned in this Agreement. No provision of this Agreement may be
amended or modified except by written agreement authorized by the legislative bodies of
all of the Cities and signed by all of the Cities.
Interlocal Agreement for Jail Administration
Page 13 of23 e -LV
16.2 Any provIsIon that is declared invalid or illegal shall in no way affect or
invalidate any other provision.
16.3 In the event any City defaults on the perfonnance of any tenDS of this Agreement
or any City places the enforcement of this Agreement in the hands of an attorney, or files
a lawsuit, the prevailing City or Cities shall be entitled to an award of all its/their attorney
fees, costs, and expenses.
16.4 Failure of any City to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection therewith, shall not
constitute a waiver of such breach or default.
16.5 Any action, suit, or judicial proceeding for the enforcement of this Agreement
shall be brought and tried in the Superior Court or the State of Washington in King
County. Presenting disputes to the JAG and to a mediator consistent with this Interlocal
Agreement shall be conditions precedent to the commencement of any judicial process to
enforce the terms of this Agreement.
16.6 This Agreement may be executed in any number of counterparts.
16.7 The laws of the State of Washington shall govern this Agreement.
16.8 This Agreement shall be recorded with the King County Department of Records.
THIS AGREEMENT has been executed by the undersigned Cities and shall be dated
effective November 1,2003. '
CITY OF ALGONA, W A Approved as to Form:
By:
Glenn Wilson, Mayor George Kelley, Algona City Attorney
Initial Assembly Member:
ImtiaI JOG Member:
CITY OF AUBURN, W A Approved as to Form:
By:
Peter B: Lewis, .Mayor Daniel B. Reid, Auburn City Attorney
Initial Asse~bIy Member:
Initial JOG Member:
TOWN OF BEAUX ARTS VILLAGE, W A Approved as to Form:
By:
Charles R. Lowry, Mayor Wayne Stewart, Town Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 14 of23 ~- 2\
CITY OF BELLEVUE, W A Approved as to Form:
By:
Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BLACK DIAMOND, W A Approved as to Form:
By:
Howard Botts, Mayor Loren D. Combs, City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BOTHELL, W A Approved as to Form:
By:
Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BURIEN, W A Approved as to Form:
By:
Gary P. Long, City Manager Lisa Marshall, Burien City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF CARNATION, WA Approved as to Form:
By:
Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF CLYDE HILL, W A Approved as to Form:
By:
George S. Martin, Mayor Clyde Hill City Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
. Page 15 of23
¡; -2-- L--
. .
CITY OF COVINGTON, W A Approved as to Form:
By:
Andrew D. Dempsey, City Manager Duncan C. Wilson, Covington City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF DES MOINES, W A Approved as to Form:
By
Tony Piasecki, City Manager Des Moines City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF DUVALL, W A Approved as to Form:
By:
Becky Nixon, Mayor Bruce Disend, Duvall City Attomey
Initial Assembly Member:
Initial JOG Member:
CITY OF ENUMCLA W, W A Approved as to Form:
By:
John Wise, Mayor Michael J. Reynolds, Enumc1aw City Attorney
Initial Assembly Member:
Initial JOG Member:
CiTY OF FEDERAL WAY, WA Approved as to Form:
By: By:
David H. Moseley, City Manager Patricia A. Richardson
Federal Way City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF HUNTS POINT Approved as to Form:
By: By:
Fred McConkey, Mayor Hunts Point City Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 16 of 23
{; - 2..3
,. .
CITY OF ISSAQUAH, W A Approved as to Form:
By: By:
Ava Frisinger, Mayor Wayne D. Tanaka
Issaquah City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF KENMORE, W A Approved as to Form:
By: '
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
Initíal Assembly Member:
Initial JOG Member:
CITY OF KENT, WA Approved as to Form:
By:
Jim White, Mayor Tom, Brubaker, Kent City Attorney
lnitialAssembly Member:
Initial JOG Member:
CITY OF KIRKLAND, W A Approved as to Form:
By:
David H. Ramsay, City Manager Gail Gorud, Kirkland City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF LAKE FOREST PARK, W A Approved as to Form:
By:
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
, City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MAPLE VALLEY, W A Approved as to Form:
By:
John F. Starbard, City Manager Lisa Marshall, Maple Valley City Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 17 of 23 E"-1>\
CITY OF MEDINA, W A Approved as to Form:
By:
Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney
Initial Assembly Member:
Initial JOG Member:
,
CITY OF MERCER ISLAND, W A Approved as to Form:
By:
Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MILTON Approved as to Form:
By: By:
Katrina Asay, Mayor Milton City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NEWCASTLE, W A Approved as to Form:
By:
Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NORMANDY PARK, W A Approved as to Form:
By:
Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park
City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NORTH BEND, W A Approved as to Form:
By:
Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 18 of23 E - 2-5
. .
CITY OF PACIFIC, W A Approved às to Form:
By:
Howard Erickson, Mayor Bruce Disend, Pacific City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF REDMOND, W A Approved as to Form:
By:
Rosemarie Ives, Mayor James E. Haney, Redmond City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF RENTON, W A Approved as to Form:
By:
Jesse Tanner, Mayor Lawrence J. Warren, Renton City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SAMMAMISH, W A Approved as to Form:
By ,
Ben yazici, City Manager Bruce Disend, Sammamish City Attorney
Initial Assembly Member:
Initial JOG Member:
CITYOFSEATAC, WA . Approved as to Form:
By:
Bruce A. Rayburn, City Manager Robert L. McAdams, SeaTac City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SEATTLE, W A Approved as to Form:
By:
Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 190f23 G-]"'(P
" ' .
CITY OF SHORELINE, W A Approved as to Form:
By:
Steven C. Burkett, City Manager Ian Sievers, Shoreline City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SKYKOMISH, W A Approved as to Form:
By:
Skip Mackner, Mayor Jeffrey Ganson, Skykomish City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SNOQUALMIE, W A Approved as to Form:
By:
Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF TUKWILA, W A Approved as to Form:
By:
Steve Mullet, Mayor Robert F. Noe, City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF WOODINVILLE, W A Approved as to Form:
By:
Pete Rose, City Manager Jeffrey L. Taraday, Woodinville City Attorney
Initial Assembly Member:
Initial JOG Member:
TOWN OF YARROW POINT, W A Approved as to Form:
By:
Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 20 of23
G-2l
. .
..
EXHIBIT A
2004 ANNUAL COST PER CITY FOR THE JAIL ADMINISTRATIVE GROUP (JAG)
Yakima
Estimated 2002 Average of city pop. & jail
. Bed Population beds; $250 minimum
Commitment
Total 440.1 1,327,706 $88,000
Auburn 88.5 43,970 11.9% $10,056
Bellevue 27.0 117,000 7.6% $6,462
Bothell 2.0 16.264 0.9% $728
Burien 4.0 31.810 1.7% $1,432
Covington 2.4 14,395 0.8% $705
Des Moines 17.0 29',510 3.1% $2,622
Federal Way 29.0 83.850 6.6% $5,571
Issaquah 2.0 13.790 0.8% $647
Kenmore 3.0 19.180 1.1% $921
Kirkland 12.5 45,790 3.2% $2,717
Lake Forest Park 2.5 12.860 0.8% $665 "
Maple Valley 15,040 0.6% $493
Mercer Island 4.0 21,955 1.3% $1.109
Newcastle 8,205 0.3% $269
North Bend 2.0 4,735 0.4% $350
Redmond 20.0 46,040 4.1% $3,456
Renton 27.0 53,840 5.2% $4,393
Sammamish 1.5 34,660 1.5% $1.282
SeaTac 4.1 25,320 1.5% $1,229
Seattle 155.0 570,802 40.0% $33.793
Shoreline 18.0 53,250 4.1% $3,497
Tukwila 11.0 17,270 1.9% $1.637
Woodinville 1.5 9,830. 0.6% $468
Algona 3.0 2,525 0.4% $250
Beaux Arts Village 295 $250
Black Diamond 4,0.15 $250
Carnation 0.0 " 1,905 $250
Clyde Hill 0.0 2,895 $250
Duvall 1.0 5,190 $250
Hunt's Point 455 $250
Medina 0.7 3,010 $250
Milton 815 $250
Normandy Park 0.4 6,395 $250
Pacific 5,405 $250
Skykomish 215 $250
SrìOqualmie 1.0 4,210 $250
Yarrow Point 1,010 $250
Estimated Annual Cost (salary/benefits) for JAG staff position = $88,000
Interlocal Agreement for Jail Administration
Page 21 0£23 t;:-2~
..
. .
EXHIBIT B
TO INTERLOCAl AGREEMENT BETWEEN
THE CITIES CONTRACTING WITH YAKIMA
City or Town 2003 EADP
Algona 3.0
Auburn 88.5
Beaux Arts Village 0.0
Bellevue
Black Diamond
Bothell
27.0
0.0
2.0
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
4.0
0.0
0.0
2.4
17.0
1.0
Federal Way
Issaquah
Kenmore
29.0
2.0
3.0
12.5
2.5
0.0
Kirkland
Lake Forest Park
Maple Valley
Medina
Mercer Island
Newcastle
0.7
4.0
0.0
Normandy Park
North Bend
Pacific
0.4
2.0
0.0
Redmond
Renton
Sammamish
20.0
27.0
1.5
SeaTac
Seattle
Shoreline
4.1
155.0
18.0
" Skykomish
Snoqualmie
Tukwila
Woodínville
Yarrow Point
0.0
1.0
11.0
1.5
0.0
TOTAL
440.1
í
i
I
I
. I
,
¡
I
I
Interlocal Agreement for Jail Administration
Page 22 of 23
E - 2--,
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EXHIBIT C
TO INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION
Hypothetical Example - formulas for distributing unused bed capacity at Yakima
Scenario: 3 cities contract with Yakima for a minimum of 130 beds. The cities are under their collective commitment
by 20 beds; 2 cities are under and 1 city is over its bed commitment.
Total Bed Commitment Actual Unused
Contract Cities (EADP) Bed Use Beds
City A 80 70 (10)
CityB 40 25 (15)
CitvC 10 15 5
Total 130 110 (20)
Amount Owed to Yakima Under Formula Stated in Section 10 of
this Agreement -
Each city pays for its unused beds but then receives a credit based on its
% share of the total bed commitment. For example, City C exceeded its bed commitment by 5 beds.
City A's share of this 5 bed overage (aka the "credit") is calculated by taking City A's % share of the total bed
commitment (67%) times the overage of 5 beds = a credit of 3.3 beds. City C owes Yakima for 76.7 beds
(EADP of 80 beds less the credit of 3.3 beds).
Cities with Unused Bed Total Bed Commitment % Share Actual Unused
Commitment (EADP) (EADP) Bed Use Beds
City A 80 67% 70 + 10
CitvB 40 33% 25 + 15
Subtotal 120 100% 95 + 25
CityC 10 15 + 0
Total 130 110 + 25
Interlocal Agreement for Jail Administration
Page 23 of 23
¡;: -3D
Amount
Owed to
Credit Yakima
3.3 = 76.7
1.7 = 38.3
5.0 = 115.0
0 15
5 = 130
5.F
CITY OF FEDERAL WAY
CITY COUNCIL PARKS/RECREATION/IIUMAN SERVICES!
PUBLIC SAFETY COMMITTEE
June 14, 2004 Meeting
Subject:
May 27, 2004
Patricia A. Richardson, City Attorney ~~
David H. ~ Manager
Municipal Court Judge Election
Date:
From:
Via:
Backeround:
Information was requested concerning the possibility'of changing the Municipal Court Judge ftom an
appointed position to an elected one.
Within FWCC 2-311 (b), there lies authorization to make such a change. Consequently, if Council
decided to change ftom an appointed to an elected position, there would be no reason to amend the
CUITent Code.
The attached comparison between an elected and appointed position shows that there are two main
differences: wages and accountability. Ifthe position becomes an elected one, the City Council can
adjust the salary ofthe position only at the commencement ofthe elected term and an elected judge
is held accountable only to the Commission on Judicial Conduct or the electorate at election.
Staff Recommendation:
Information only.
K:\AGNDITEM\PRHSPSCOMMITfEE\Municipal Court Judge Election
F-\
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE:
May 7, 2004
TO:
David H. Moseley, City Manager
FROM:
Patricia A. Richardson, City Attorney
SUBJECT:
Election of Municipal Court Judge
After the last Parks Recreation, Human Services and Public Safety Council Committee meeting
you requested an analysis of converting the existing Municipal Court Judge position from an
appointed to an elected position. The following analysis provides an overview of judicial
authority, the statutory scheme under RCW 3.50 et seq. and Federal Way City Code ("FWCC")
concerning the Municipal Court Judge position, and a comparison ofthe effect ofappointment
versus election. I
OVERVIEW
Under the State Constitution the governmental authority is established in three separate branches:
legislative, executive, and judicial. State v. Bramme, 115 Wn. App. 844,850,64 P.3d 60
(2003). The three branches provide a cheèks and balance system, as each core function is
independent of the other branches. At the same time, however, "harmonious cooperation" and
some of the operations must overlap among the branches in order for government to function.
Zylstra v. Piva, 85 Wn. 2d 743, 750, 539 P/2d 823 (1975).
All courts act under Article IV of the State Constitution and have the power to maintain control
over the inherent functiöns of its operations. Washington State Council of County and City
" Employees v. Hahn, 2004 WL 524930 (Wash. March 18,2004). Yet the Court cannot function
in a vacuum. Consequently, at the same time, "the responsibility over the administrative aspects
of court-related functions is shared between the legislative and judièial branches." ld. In Hahn
the Yakima County Superior and District Court judges refused to negotiate collective bargaining
agreements asserting that the working conditions in the court was exclusively under the purview
of the presiding judge pursuant to GR 29(f)? The Hahn Court noted that the Court already
1 Iwen Wang, the Director of Management Services, reviewed the contract and the effect of converting the position
to an employee. She has indicated that the conversion would not have any fmandal impact because the City Council
can control the number of hours worked.
2 The Supreme Court of Washington adopted General Rules. General Rule 29(f) begins as follows: "The judicial
and administrative duties set forth in this rule cannot be delegated to persons in either the legislative or executive
branches of government" GR 29(f)(5) specifically addressed the daily operations of the Court, i.è. the working
F-2..
David Moseley
Election of Munìcipal Court Judge
May 7, 2004
Page 2 on
-
determined that "the responsibility over the administrative aspects of court-related functions is
shared between the legislative and judicial branches. Id (citing Wa.sh. State Bar v. State, 125
Wn.2d 901, 908,890 P.2d 1047 (1995)). The Hahn Court further noted the statutory obligation
to bargain working conditions did not usurp the independence ofthe judiciary and did not
conflict with GR 29(f)(5)(b), which requires the judge to supervise all court personneL Hahn, at
3. Accordingly, the Court determined that negotiations for the court personnel could continue as
before: the county commissioners would negotiate the wages and benefits, and the judges would
negotiate the hours and working conditions. Id
MUNICIPAL COURT JUDGE
In 1999, the City created a Municipal Court pursuant toRCW 3.50 et seq. Federal Way City
Code (FWCC) Chapter 2, Article X. The Municipal Court Judge is appointed because there is
only one judicial position and because the hours worked are less than full-time, Le. less than
thirty-five hours per week as defined in RCW 3.50.055. FWCC 2-311(d) and (a) respectively.
Because of the appointment, the Municipal Court Judge has an employment contract. (A copy is
attached for your convenience).
RCW 3.50.055(1) and FWCC 2-311(b) require an election at the next judicial election cycle
when the judicial position, or any combination of judicial position~, work more than thirty-five
hours per week. (Commissioners are not considered a judicial position, because the judge
appoints the commissioner and may limit the authority.) At the same time, a part-time elected
Municipal Court Judge position may also be created. (The City of Auburn's Municipal Court
Judge is elected and works less than thirty-five hours per week). .
caMP ARISON
Similarities
The independence of the inherent powers of the Municipal Court are not different whether the
judge is appointed or elected; the judge's duty to follow the Judicial Cannons is not different; the
Commission on Judicial Conduct's jurisdiction over the judge is not different; the criteria for
removing the judge from office is set forth in RCW 3.50.095 and is not different; and the
Council's responsibility for the wages and benefits of court personnel, including the judge, is not
different.
conditions, hiring, discipline, and termination decisions except wages and benefits.
F-3
David Moseley
Election of Municipal Court Judge
May'7,2004
Page 3 of3
Differences
The differences between the appointed position and the elected position are in two areas:
accountability and wages. The appointed position could be held accountable under the contract.
In other words, a breach of contract theory could be applicable in certain circumstances. The
elected position, however, is accountable tothe electorate at the time of the election, but unlike
other elected officials is not subject to arecall petition. RCW Const. Art. 1, §33. Instead, after
the election the judge is ~ccountableonlyto the Commission on Judicial Conduct. RCWConst.
Art. IV, § 31. Additionally, the issue of accountability of an elected judge is more problematic in
regards to the administrative functions such as supervision of employees because State law and
Court Rules conflict. Under State law "[a]ll employees ofthe municipal court shall, for all
purposes, be deemed employees ofthe city or town. They shall be appointed and serve at the
pleasure of the court." RCW 3.50.080. On the other hand, under the recently adopted General
Rule (GR}29(f)(5), the judge supervises the daily operations ofthe court including all aspects
conceriúng the employees except for wages or benefits. A situation could occur whereby the
judge's actions in employment related issues including but notlimited to the selection ofthe
. court administrator, discipline, or termination, are contrary to the City's position. As a resùlt, it
is possible that such actions could give rise to a lawsuit. The only recourse the City has available
is to provide the defense and pay any judgment or settlement. The City cannot direct, and may
not even be able to influence, different actions to prevent future issues or to prevent future
liability.
Lastly, the ability to adjust the wages ofthe judge differs. For the appointed position, the City
Council can set the wages by ordinance at any time. FWCC 2-311(j) and RCW 3.50.080.
However, for the elected position, the City Council is bound by the constitutional limitation of
setting wages for the term of the elected position. Article 11, § 8 (amend. 57), AGO 1991 No.
13.
CONCLUSION
Ifthe City Çouncil does determine that the Municipal Court Judge position should become
elected, FWCC 2-311 (b) already authorizes the change. Consequently, it is not necessary to
amend the Code. However, if the position should be elected, the City Council can adjust the
salary only at the commencement of the elected term; i.e. January 1, 2006; January 1,2010, etc.
Ifl can be of further assistance, please do not hesitate to contact me.
k:\MunicipaI Court\Elect Judge
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5.G
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
To:
Parks, Recreation, Human Services & Public Safety Council Committee
Anne Kirk~atrick, Chief of POliCO--/,.
Davi~~Manager
June ~4, 200~\ - "
. From:
Via:
Date:
Subject:
Narcotics K-9 Ownership Settlement Agreement between Washington State Patrol
and the Federal Way Police Department
BACKGROUND:
The City of Federal Way Department of Public Safety requests approval to convey and transfer all rights,
titles and interest in the dog known as K-9 Diesel from the Washington State Patrol to the Federal Way
Police Department. .'
The purpose of this Agreement is to set forth the terms and conditions by which the Washington State
Patrol will provide the Federal Way Department of Public Safety all rights, titles and interest in the dog
known as K-9 Diesel. In accepting transfer from the Washington State Patrol of the dog known as K.9
Diesel, a Yellow Labrador (type of dog), the Federal Way Police Department recognizes that said animàl
has received training in police canine procedures and tactics, including, but not limited to, attack training
and other forms of aggressive conduct, and by acceptance of this animal, the Federal Way Police
Department, for and in consideration of the transfer ofK-9 Diesel, would agree to hold harmless the
Washington State Patrol and its officers, employees and agents from any and all liability whatsoever that
might arise from acts engages in by the forenamed canine resulting from his training as described, as well
as any other acts of said canine whether or not attributable to such training.
The Federal Way Police Department K-9 handler and dog known as Diesel completed training
together on September 5, 2003. The K-9 Diesel was provided to the Federal Way Police
Department K-9 handler for this training and has been with the handler since successful
completion of the course.
Attached is the Settlement Agreement proposed by the Washington State Patrol between the
Washington State Patrol and the Federal Way Police Department.
COMMITTEE ACTION:
Motion to approve and accept this request for transfer of all rights, titles and interest in the dog known as
K-9 Diesel from the Washington State Patrol to the Federal Way Police Department, and forward to full
Council for consideration at its July 6, 2004 meeting.
APPROVAL BY COMMITTEE:
Commillee Chair
-.-.-
Committee Member
Committee Member
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i:\agenda bills\prhs&ps memos\2004\k-9 diese\.doc
,
\
SETrLEMENT AGREEMENT
"arch 10, 2004
Between the
Washington State Patrol, -
and.
Federal Way Police Department
The parties to this Settlement Agreement are the Washington State Patrol (WSP), and Federal
Way Police Department (New Owner). .
WHEREAS; the WSP has one (1) Yellow Labrador dog known as K-9 Diesel; and
WHEREAS; the New Owner desires to obtain said K-9 Diesel;
NOW, THEREFORE; in consideration of the mutual benefits to be derived herefrom and
other good and valuable consideration receiVed by the WSP and the New Owner, the parties
herein do mutually agree as follows:
1. The WSP agrees to" assign, convey and transfer all rights, titles and interest in the dog
known as K -9 Diesel tô the New Owner;
2. Acknowledgement of Training and Release of Liability. In accepting transfer from
the WSP of the dog known as K-9 Diesel, a Yellow Labrador (type of dog), the New Owner
recognizes that said animal has received training in police canine procedures and tactics,
including, but not limited to, attack training and other forms of aggressive conduct, and by
acceptance of this animal, New Owner, for and in consideration of the transfer of him/her, of
K-9 Diesel, agrees to hold harmless the WSP, and its officers, employees and agents from any.
and all liability whatsoever that might arise from acts engaged in by the forenamed canine
resulting from his training as herein described, as well as any other acts of said canine
whether or not attributable to such training; .
New Owner further agrees to waive any and aU claims of liability insofar as the WSP, its .
officers, employees and agents are concerned that might arise as a resultof his/her use
and/or possession of said animal. .
It is further agreed to waive any and aU claims of liability insofar as the WSP makes no
representations concerning the health of the animal, which is transferred "as is" and New
Owner assumes"all responsibility and obligation for the condition, care, and acts of said
animal.
3. Indemnification. New Owner agrees to assume any and all risks from the date first
written above and the New Owner further agrees to release, indemnify and promise to defend
and save harmless the WSP, its officers, employees and agents from and against any and all
liability, injuries, loss, damage, expense, actions and claims, including costs and reasonable
attorney's fees incurred by the WSP, its officers, employees and agents in defense thereof,
asserting or arising directly or indirectly on account of or out of said canine's activities from
Ca - 2-
i
Settlement Agreement
Page 2
March 10, 2004
date of said transfer; provided, however, this paragraph does not purport to indemnify the
WSP against liability for any activities and said canine prior to said transfer date.
4. Severability. If any part of this Agreement is found to be in conflict with applicable laws,
such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the
remainder of the Agreement shall remain in full force and effect.
5. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be
Thurston county. "
IN WITNESS WHEREOF, the WSP and New Owner have executed this Agreement the date
and year first above written.
5. That this Agreement becomes effective upon date of signatures.
,
Captain TImothy Braniff
Field Operations Bureau
Date
Federal Way Police Department
New Owner.
Date
cc: Ms. Elizabeth Delay Brown, Assistant Attorney General, Attorney General Office
Ms. Candy E. Christensen, Human Resource Division "
Ms. Juliet Wehr Jones, Labor and Risk Management
Robert Maki, Administrator, Budget and Fiscal Services
Deputy Chief Lowell M. Porter, Field Operations Bureau
Chief Ronal W. Serpas .
(;¡-:3
S.H
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
To:
Parks, Recreation, Human Services & Public Safety Council Committee
,ð'~}1If1J1
From:
Anne Kirkpatrick, Chief of Police
David MO~age[
June 14,2004
Via:
Date:
Subject:
2004 Bulletproof Vest Partnership Grant
Backl!round: Since 1999, the Department of Public Safety has had the good fortune to
benefit from several bulletproof vest awards from the Office of Justice Programs (OJP).
Once again, I am pleased to announce that we have~been granted an award of $36,034.50
for the 2004 Bulletproof Vest Partnership Grant Program. Compliance will remain the
same as previously required by OJP, including the local match of 50%. It is our intent to
offset this local match with savings carried-forward to FY 2004 and savings from salaries
and benefits.
In September 2003, Second Chance, our main supplier of body armor announced
problems with its products containing Zylon fiber. This announcement came following
two instances of injury (one fatal) to officers using Second Chance body armor products
containing Zylon fiber. On November 18, 2003, Attorney General John Ashcroft
announced that the National Institute of Justice would immediately initiate examination
of Zylon-based bullet-resistant vests (both new and used). Our intent is to use this grant
money to replace our Second Chance vests that may not provide adequate officer safety.
Previous compliance will remain the same as required by OJP including the 50% local
match. We have identified budget savings from 2003. for the local match and included it
during the 2003 Carryforward process.
COMMITTEE ACTION:
Motion to approve and accept the 2004 Bulletproof Vest Partnership Grant of$36,034.50
including authorization to purchase vests totaling approximately $72,069.00, and forward
to full Council for consideration at its July 6, 2004 meeting.
" APPROVAL BY
COMMITTEE:
Committee Chair
Committee Member
Committee Member
H ..\