Council PKT 04-16-2002 Special/Regular
City of Federal Way
City Council Meeting
AGENDA
CO UN CILMEMBERS
Jeanne Burbidge, Mayor
Eric Faison Linda Kochmar
Mary Gates Dean McColgan
Michael Hellickson Mike Park
CITY MANAGER
David H. Moseley
Office of the City Clerk
April 16,2002
AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
April 16, 2002
(www.ciIedera/-wav.wa.u,)
*****
SPECIAL SESSION - 4:30 p.m.
I.
CALL MEETING TO ORDER
II.
INTERVIEWS (First of Three Interview Sessions)
Municipal Facilities Advisory Committee Applicants
III.
ADJOURNMENT
*****
I.
SPECIAL SESSION - 5:30 p.m.
CALL MEETING TO ORDER
II.
SOUND TRANSIT BRIEFING
Agnes Govern Director of Regional Express
III.
ADJOURNMENT
**** *
REGULAR MEETING - 7:00 p.m.
I.
CALL MEETING TO ORDER
II-
PLEDGE OF ALLEGIANCE
Over please. . . . .
III.
IV.
V.
VI.
VII.
VIII.
IX.
x.
a.
b.
PRESENTATIONS
Proclamation/Sexual Assault Awareness Week
Presentation/King County Sexual Assault Resource Center Local Program
Proclamation/Sister City Hachinohe Incorporation Anniversary
ProclamationlEarth Day
Proclamation/Y outh Recognition Week
Swearing-In Ceremony/New Public Safety Department Officers
City Manager/Introduction of New Employees
City ManagerÆmerging Issues
c.
d.
e.
f.
g.
h.
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor. please come forward to the
podium and state your name for the record. PLEASE liMIT YOUR REMARKS TO THREE (1 MINUTES.
The Mayor may interrupt citizen comments that continue too long. relate negatively to other individuals. or are
otherwise inappropriate.
CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee of three members and brought before
full Council for approval; all items are enacted by one motion. Individual items may be removed
by a Councilmember for separate discussion and subsequent motion.
a.
b.
Minutes/April 2 2002 Regular Meeting
Corrected Minute~arch 5, 2002
2002 lAC Grant Resolution/Steel Lake Soccer Renoyation
Authorization to Enter into Contracts with King Countv and Recipients of
Federal Way 2002 CDBG Public Service Funds
Green Gables 2001 Neighborhood Traffic Safety Project/SW 342od St
Green Gables 2001 Neighborhood Traffic Safety Project/35th Aye SW
Rainier View 2001 Neighborhood Traffic Safety Proiect
Mirror Lake 200 I Neighborhood Traffic Safety Project
c.
d.
e.
f
g.
h.
CITY COUNCIL BUSINESS
Insurance Renewal 2002
CITY COUNCIL REPORTS
CITY MANAGER REPORT
EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.ll0(1)(i)
ADJOURNMENT
.. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT liSTED ON THE AGENDA ..
MEETING DATE:
April 16, 2002
ITEM#
:=tL~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
[8] CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
-------------------------------------------
ATTACHMENTS: Draft minutes of the regular City Council meeting held on April 2, 2002-
------------------------------------------------------------
SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW
requirements-
-------------------
CITY COUNCIL COMMITTEE RECOMMENDATION: nIa
----------------------------------------------------------------------------------------------------
PROPOSED MOTION: I moye approyal of the minutes of the City Council regular meeting held on April 2, 2002-
-~~~~:-C;::;~~~-------------------
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 sr reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
April 2, 2002 - 7:00 p.m.
Minutes
~~
<:)~
*****
I.
CALL MEETING TO ORDER
Mayor Burbidge called the regular meeting ofthe Federal Way City Council at the hour
of7:03 p.m.
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Eric Faison, Mary Gates, Michael Hellickson, Linda Kochmar, and
Mike Park.
Staff present: City Manager David Moseley, City Attorney Bob Sterbank, and Deputy
City Clerk Stephanie Courtney.
II.
PLEDGE OF ALLEGIANCE
Council member Faison led the flag salute.
III.
PRESENTATIONS
a.
SPIRIT Award/ Month of April
City Manager Dayid Moseley announced and congratulated the SPIRIT Award winners
for the month of April; Community Development Departments Kari Cimmer, Heather
Smith, Fernando Fernandez, and David Lee. The Deyelopment Specialist group was
chosen on behalf of their Service, Pride, Integrity, Responsibility, Innovation and
Teamwork.
b.
Human Services CommissionlIntroduction & Certificate of Appointment
(unexpired term)
Councilmember Kochmar announced the appointment of Esther Heo to the Human
Services Commission filling an unexpired term through January 31, 2004. Ms. Heo was
unable to come to tonight's meeting; her certificate will be mailed.
Federal Way City Council Regular Meeting Minut£s
April 2, 2002 -Page 2
c.
City Manager/Introduction of New Employees
City Manager David Moseley announced and introduced the following new employees:
Khanh Hang has been hired in the Management Services Department as the Accounting
Technician for Accounts Payable; Casey Hughes has been hired as a Police Support
Officer; Aaron Moe is the City's new Recreation Coordinator for Senior and Youth
Services; Matthew Noyak is another new Police Support Officer; and Kimberly Paterno
is now job-sharing the Volunteer and Neighborhood Coordinator position in Community
Development Services.
d.
City ManagerÆmerging Issues
City Attorney Bob Sterbank gave a brief presentation to Council regarding various issues
and questions that have been raised at the last Parks, Recreation, Human Services, Public
Safety Committee meeting. Copies of the memo and map that were referenced were
ayailable at the meeting.
IV.
CITIZEN COMMENT
Barbara Reid spoke in support ofthe Regional Off Leash Dog AIea on tonight's Consent
Agenda
Faith Noble, Mike McLeod, Judy Carlson, and David McKenzie. spoke to Council
addressing their continued concerns with the Oxford House locating in their
neighborhood.
H. Dayid Kaplan, asked Council to include the back-up artist in the motion to approve the
Skate Park Art, should the first choice not be ayailable.
Shawn Cummins, spoke in opposition to the adoption ofthe City's Branding position; he
noted his disappointment in the information gathered ITom the survey.
v.
CONSENT AGENDA
c.
d.
MinuteslMarch 19. 2002 Regular Meeting -Approved
Vouchers-ApprOl'ed
Monthly Financial Report-Approved
Council Bill #296/2002 Carry-Forward Budget Ad¡ustment/
Enactment OrdinancelAvvroved Ordinance #02-418
2002 Arts Commission Work Plan-Approved
Purchase of Three Parks Maintenance Vehicles-Approved
a.
b.
e.
f
Federal Way CiJy Council Regular Meeting Minutes
April 2, 2002 -Page 3
g.
h.
Authorize Official Delegation to Visit Sister Cities-Approved
Small Works Roster/Resolution/Approved Resolution #02-362
2002 Insurance Renewal-Approved
Interlocal AgreementIBroadcast ofFW School Board Meetings-Approved
Phase I Field House Study Report-Approved
2002 Asphalt Overlay ProjectlBid Award-Approved
Skateboard Park 2% for Art! Artist Recommendation-Approved
Aquatic Lands Enhancement Account (ALEA)/Final Design-ApprOl'ed
Parks Commission 2002/2003 Work Plan-Approved
Regional Off Leash Dog AIea Recommendation-Approved
Install Sports Lighting at Sacajawea ParklFinal Acceptance & Retainage
Release-Approl'ed
2nd Amendment to Interlocal Agreement/Yakima County Jail Services-
Approved
1.
j.
k.
1.
m.
n.
o.
p.
q.
r.
COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA
AS PRESENTED; COUNCILMEMEBER FAISON SECOND.
Councilmember Gates pulled Item (i).
Councilmember Kochmar pulled Items (m), (n), and (p).
The motion to approye Consent Items (a), (b), (c), (d), (e), (t), (g), (h), 0), (k), (I), (0),
(q), and (r) passed as follows:
Burbidge
Gates
Kochmar
Park
Faison
Hellickson
McColgan
yes
yes
yes
yes
yes
yes
yes
Consent Item (i)/ 2002 Insurance Renewal:
Management Services Director Iwen Wang gave a brief presentation to Council,
highlighting the current Insurance coyerage and costs and the differences in the
recommended change in coverage.
COUNCILMEMBER GATES MOVED TO PLACE THIS ITEM ON THE APRIL
16TH COUNCIL AGENDA; COUNCILMEMBER PARK SECOND. The motion
passed as follows:
Burbidge
Gates
Kochmar
Park
Faison
Hellickson
McColgan
yes
yes
yes
yes
yes
yes
yes
Federal W/{V City Council Regular Meeting Minutes
April 2, 2002 - Page 4
Ms. Wang responded to the Council's yarious questions.
Council members discussed the possibility of sending this item back through the Finance,
Economic Development, Regional Affairs Committee for further research.
COUNCILMEMBER HELLICKSON MOVED TO RECONSIDER THE MOTION
TO PLACE THIS ITEM ON THE APRIL 16TH COUNCIL AGENDA;
COUNCILMEMBER FAISON SECOND.
Council member Kochmar asked that an independent consultant be contacted for an
independent review of coverages.
COUNCILMEMBER HELLICKSON WITHDREW HIS MOTION TO
RECONSIDER; COUNCILMEMBER FAISON CONCURED.
COUNCILMEMBER KOCHMAR MOVED TO CHARGE MANAGEMENT
SERVICES DIRECTOR IWEN WANG TO FIND AND INDEPENDENT
CONSULTANT TO REVIEW AND MAKE A COMPARISON OF THE TWO
PLANS PROPOSED, AT A COST NOT TO EXCEED $1,000.00, AND CONTACT
COUNCILMEMBERS WITH THE RESULTS BEFORE THE APRIL 16TH
COUNCIL MEETING; COUNCILMEMBER HELLICKSON SECOND. The
motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
Consent Item (m)/Skateboard Park 2% for Art/Artist Recommendation:
COUNCILMEMBER KOCHMAR MOVED TO AUTHORIZE THE ARTS
COMMISSION TO PROCEED WITH ESTABLISHING A CONTRACT WITH
THE RECOMMENDED ARTIST, OR THE ALTERNATE ARTIST IF THE
FIRST CHOICE IS NOT A V AILABLE, NOT EXCEEDING $10,840.00 FOR THE
SKATE PARK PROJECT; COUNCILMEMBER FAISON SECOND. The motion
passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
Federal Way City Council Regular Meeting Minutes
April 2, 2002 -Page 5
Consent Item (n)/ Aquatic Lands Enhancement Account (ALEA)/Final Design:
Mary Faber, Superintendent of Recreation and Cultural Services, gaye a brief
presentation to Council on the specifics of this item.
Councilmember Kochmar noted this is a wonderful project and thanked staff for their
hard work in ensuring matching grant monies.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE FINAL
DESIGN OF THE DUMAS BAY RESTORATION PROJECT AS PRESENTED;
COUNCILMEMBER GATES SECOND. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
Consent Item (p)/Regional Off Leash Dog AIea Recommendation:
Parks, Recreation and Cultural Services Director Jennifer Schroder gave a brief
presentation on the background and location of the Regional Off Leash Dog AIea.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF CONSENT ITEM
(p)/REGIONAL OFF LEASH DOG AREA RECOMMENDATION AS
PRESENTED; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as
follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
VI.
CITY COUNCIL BUSINESS
Adoption of City Branding Position/Resolution/Approved Resolution
#02-363
Assistant City Manager Donna Hanson gave a brief presentation to Council to outline the
steps that have been taken thus far in the branding process and reviewed what was
expected to take place in the next phase.
Federal Way City Council Regular Meeting Minutes
April 2, 2002 - Page 6
Council members discussed their concerns with the process up to this point, and urged the
Leonhardt Group to work hard to bring a great product back to Council.
COUNCILMEMBER HELLICKSON MOVED TO DISCONTINUE THE
BRANDING PROCESS AND RETURN UNUSED MONIES TO THEIR
BUDGETED FUNDS; COUNCILMEMBER KOCHMAR SECOND. The motion
failed as follows:
Burbidge
Gates
Kochmar
Park
no
no
abstain
Faison
Hellickson
McColgan
no
yes
no
no
COUNCILMEMBER GATES MOVED APPROVAL OF THE ATTACHED
RESOLUTION ADOPTING "LOCATION" AS THE BRAND POSITION FOR
THE CITY AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH
THE TAGLINE OPTIONS AND DESIGN PHASE AS PROVIDED IN THE
EXISTING CONTRACT; COUNCILMEMBER FAISON SECOND. The motion
passed as follows:
Burbidge
Gates
Kachmar
Park
yes
yes
abstain
yes
Faison
Hellickson
McColgan
yes
no
yes
VII.
CITY COUNCIL REPORTS
Council member Gates displayed the new campaign "Yield to the Bus" which promotes
better appreciation for buses and their riders. She also distributed a written report on
Sound Transit and updated Council on her attendance at regional meetings.
Councilmember Kochmar announced the next meeting of the Parks/Recreation/Human
Services/Public Safety Committee would be held April 8th at 4:00 p.m.; and updated
Council on her recent attendance at various regional meetings.
Council member Park responded to questions that arose at the March 25th Parks!
Recreation/Humans Service~ublic Safety Committee meeting regarding the broadcast
of the last Council meeting; he noted there was a technical difficulty and the meeting has
been rebroadcast daily. He also noted the Korean Community Leaders meeting would be
held April 4th in Council Chambers.
Federal Way CUy Council Regular Meeting Minutes
April 2, 2002 -Page 7
Councilmember Hellickson announced the birth of his second child Austin Michael,
mother and son are both doing well.
Councilmember Faison announced the next meeting of the Land Use/Transportation
Committee would be held Monday, April 15th at 5:30 p.m. in Council Chambers.
Deputy Mayor McColgan announced the next meeting of the Lodging Tax Advisory
Committee would be held April 12th at 8:00 a.m. in the Mt. Baker Conference Room.
Mayor Burbidge thanked Deputy Mayor McColgan for chairing the March 19th Council
meeting; she was unable to attend due to a family emergency. She also updated Council
on her attendance at yarious regional meetings and reminded citizens of upcoming events
in the community.
VIII.
CITY MANAGER REPORT
City Manager David Moseley announced the applications are coming in for the
Municipal Facilities Adyisory Committee. Expectation is high, as we haye had high
demand for applications. Council will either narrow down application and/or conduct
interviews at its next meeting.
Mr. Moseley also reported on the permit process where surveys were mailed to 3,800
customers from the past two years; survey results are due by AprillSth. He added the first
meeting of the stakeholders group met today and will review survey results at their next
meeting.
He noted his office has sent out the draft topic list for our next City Update newsletter;
any ideas or stories for the next newsletter should be forwarded to Derek Matheson or
Jason Suzaka.
City Manager David Moseley updated Council on the recent arrival of the State Auditor,
Mr. Robert Goehring. He has begun his annual review of the city's finances and will be
working out of an office in the Law Department.
He reminded Council of the need for an executive session for the purposes of discussing
Property Acquisition/Pursuant to RCW 42.30.110(1 )(b); Potential Litigation/Pursuant to
RCW 42.30.110(1)(i); and Collective BargaininglPursuant to RCW 42.30.l40(4)(a); for
approximately 40 minutes with action expected
Federal Way City Council Regular Meeting Minutes
April 2, 2002 - Page 8
COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES OF
PROCUEDURE TO ALLOW THE MEETING TIME PAST 10:00 P.M.;
COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
IX.
EXECUTIVE SESSION
At 9: 16 p.m. Mayor Burbidge announced the Council would recess to executive session.
At 10:00 p.m. Assistant City Manager Derek Matheson announced an extension of the
executiye session for an additional 45 minutes.
Council returned to Chambers at 10:45 p.m.
a.
b.
Property Acauisition/Pursuant to RCW 42.30.110(1 )(b)
Potential LitigationlPursuant to RCW 42.30.110(1 )(i)
Collective BargaininglPursuant to RCW 42.30.l40(4)(a)
c.
COUNCILMEMEBR FAISON MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO CLOSE THE ACQUISITION OF REAL PROPERTY
REQUIRED BY THE CITY IN CONNECTION WITH THE S. 288TH
STREET/SR99 INTERSECTION IMPROVEMENTS, COVERING CERTAIN
REAL PROPERTIES AS LISTED IN THE ATTACHED FOR FAIR MARKET
VALUE; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows:
Burbidge yes Faison yes
Gates yes Hellickson yes
Kochmar yes McColgan yes
Park yes
X. ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 10:46 p.m.
Stephanie D. Courtney
Deputy City Clerk
South 288th Street Improvements Project
(16th Avenue South to 19th Avenue South)
Appraisal 10%+
File Parcel No. Owner Business True Cost Appraised Review- Appraisal
No. Estimate Value Value Review
Value
6a 332204-9037 Kinder-Care Learning Centers, Inc. Kinder-Care Learning Center $58,125 $21,320 $21,400 $23,540
6b 332204-9109 Thomas V. & Carol D. Goodwin and Family Dental Clinic $38,525 . $22,074 $22,300 $24,530
Carl A. & Llsbet Jacobson
6c 332204-9119 Stanford R & Gabriel G Poll Checkmate $44,875 $38,394 $41,200 $45,320
6d 332204-9132 Reinhard Distributing Co. Inc. Ernles Trucks Stop Office Building $45,250 $33,091 $33,200 $36,520
6e 042104-9024 5 288th Associates 5tate Farm Insurance $47,675 $40,136 $41,800 $45,980
6f 042104-9027 George & E. Diane Pirotis Single Family Home $43,275 $8,213 $12,800 $14,080
6g 888095-0010, DVH Properties LLC* Mixed use $5,050 $2,500 $2,500 $2,750
0100
6h 042104-9088 Equilon Enterprises LLC Texaco $75,575 $63,795 $63,900 $70,290
61 042104-9182 Ran Thl Nguyen Single Family Home $34,875 $9,419 $10,300 $11,330
6j 042104-9261 Linda A. Landon Vacant property $36,250 $7,250 $8,000 $8,800
6k 042104-9026 William G. & Geraldine Eo Baldwin Crestwood Animal Hospital $3,750 $2,325 $2,400 $2,640
TOTAL $433,225 $248,517 $259,800 $285,780
* Easement only
K:\Stleet5\Projects\S288 slteet\ROW\ROW Properties
~\ !J II 10 tf/¡../OZ- .
-...., ~ œ k:J"jar :m'f;¿
MEETING DATE:
April 16, 2002
ITEM#
-v-(6-)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CORRECTED CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
121 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
.... .~.~.._------_...__.__..._-_._-----_._-_._-_.._._.--
ATTACHMENTS: Draft corrected minutes of the regular City Council meeting held on March 5,2002.
..-.-.-.--.--.-..-..---.-..---....---......--..--.---.--....--
SUMMARY/BACKGROUND: Action taken by the City Council following an executive session reflecting property
acquisition pursuant to RCW 42.30.110(1)(b) was inadyertentiy omitted from the original approyed minutes.
The corrected official City Council minutes for the March 5, 2002 regular meeting are now being presented to Council for
approval pursuant to RCW pennanent record requirements.
--..............-..-....-..-..--........-...-... ... .....----...-...--................--.--......
...-.....-...............--.......-....
.......................-.........-..-.
CITY COUNCIL COMMITTEE RECOMMENDATION:
n/a
.._-~_.._-~_.._--------_.._-_..._.~.._----_._-_._...........-.---..-.-...
PROPOSED MOTION: I moye approval of the "corrected" minutes of the City Council regular meeting held on March
5, 2002.
~~~ M~~~~~~.:;;;~~:~~_.._' ørvr-- .-. --_._._._---_.._._......_---_.._~--
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
,VISED - 05/10/2001
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
Regular Meeting
March 5, 2002 - 7:00 p.m.
~~~
f\)~r
Corrected Minutes
Refer to Minutes of April 16, 2001 Meeting
*****
I.
CALL MEETING TO ORDER
Mayor Burbidge called the meeting of the Federal Way City Council to order at the hour
of7:02 p.rn.
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Eric Faison, Mary Gates, Michael Hellickson, Linda Kochmar, and
Mike Park.
Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk
Chris Green and Deputy City Clerk Stephanie Courtney.
II.
PLEDGE OF ALLEGIANCE
Councilmember Park led the flag salute.
III.
PRESENTATIONS
a.
Citv ManagerlIntroduction of New Employees
City Manager David Moseley announced and welcomed two new employees: Faith
Ferreria who has been hired as the new Support Services Coordinator in the Management
Services Department, and Dwight Shiotani, who has been hired to fill the Financial
Analyst position also in Management Services.
b.
City ManagerÆmer~ing Issues
City Manager announced there were no emerging issues tonight.
IV.
CITIZEN COMMENT
Barbara Reid Betty Huff and Susie Horan spoke individually to thank the City Council
for their continued support of the Federal Way Symphony.
Federal Way City Council Regular Meeting Minutes
March 5, 2002 - Page 2
Maya Kumar, spoke on behalf of the Diversity Commission. She updated Council on the
current and upcoming projects of the Commission.
Dave McKenzie Myla Montgomery Larry Brooks Judy Carlson and Faith Noble, spoke
to the City Council to address their continued concerns with the Oxford House locating in
their Twin Lakes neighborhood.
H. David Kaplan. and Russell Wolf, spoke in fayor of the proposed City Hall Adyisory
Committee.
V.
CONSENT AGENDA
a.
b.
c.
d.
Minutes/February 19.2002 Regular Meeting -Approved
Correction Minutes/December 18 2001 Regular Meeting -Approved
Vouchers -Approved
Final Year-End 2001 Financial Report -Approved
Council Bill #294/SR 99 Phase II Condemnations /Enactment Ordinance
-Approved Ordinance #02-415
Parks & Recreation Commission Appointment (unexpired term) -
ApprOl'ed
e.
f.
COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA
AS PRESENTED; COUNCILMEMBER GATES SECOND. The motion passed as
follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
VI.
CITY COUNCIL BUSINESS
City Hall Adyisorv Committee/Composition & Selection Process
DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF OPTION #1: A NINE-
MEMBER COMMITTEE CONSISTING OF FIVE CITIZENS WHO ARE
RECRUITED USING THE TYPICAL PROCESS FOR BOARDS/COMMISSIONS
AND INTERVIEWED AND APPOINTED BY THE CITY COUNCIL; PLUS
FOUR "EXPERTS" IN DEVELOPMENT, PLANNING, REAL ESTATE, AND/OR
FINANCE WHO ARE RECRUITED BY STAFF, INTERVIEWED AND
APPOINTED BY THE CITY COUNCIL. THE COUNCIL WOULD DESIGNATE
Federal Way City Council Regular Meeting Minutes
March 5, 2002 - Page 3
ONE MEMBER OF THE COMMITTEE AS CHAIR; COUNCILMEMBER
FAISON SECOND.
COUNCILMEMBER PARK PROPOSED A FRIENDLY AMENDMENT TO
INCREASE THE COMMITTEE TO ELEVEN, WITH SELECTION OF THE
MEMBERSHIP BY THE CITY MANAGER AND DEPARTMENT DIRECTORS.
DEPUTY MAYOR MCCOLGAN ACCEPTED THE FRIENDLY AMENDMENT
TO INCREASE THE SIZE OF THE COMMITTEE TO ELEVEN, BUT
REJECTED A SELECTION PROCESS BY THE CITY MANAGER AND
DEPARTMENT DIRECTORS; COUNCILMEMBER FAISON CONCURED.
DEPUTY MAYOR MCCOLGAN CALLED FOR THE QUESTION;
COUNCILMEMBER GATES SECOND.
COUNCILMEMBER HELLICKSON MOVED TO AMEND THE CALL FOR
THE QUESTION IN ORDER TO EXTEND DISCUSSION; COUNCILMEMBER
KOCHMAR SECOND.
City Attorney Bob Sterbank recommended a short recess to allow staff to research
parliamentary procedures, in order to determine the appropriateness of Council member
Hellickson's motion.
Mayor Burbidge called for a brief recess at 8:25 p.m.; at 8:40 p.m., Mayor Burbidge
reconyened the regular meeting.
City Attorney Sterbank advised Councilmembers that, pursuant to Robert's Rules of
Order, a "call for the question" is not debatable or amendable, requires a two-thirds yote,
and must be voted on immediately.
Deputy Mayor McColgan's earlier call for the question passed 5-2 as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
no
Faison
Hellickson
McColgan
yes
no
yes
The main motion, as amended, passed 5-2 as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
no
Faison
Hellickson
McColgan
yes
no
yes
Federal Way City Council Regular Meeting Minutes
March 5, 2002 - Page 4
VII.
INTRODUCTION ORDINANCE
Council Bill #295/Citv Adoption of the Final 2001 King County
Comprehensive Solid Waste Management Plan
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, RELATING TO SOLID W ASJE MANAGEMENT, ADOPTING
KING COUNTY'S WASTE MANAGEMENT PLAN (AMENDS ORDINANCES 90-73
AND 93-197).
COUNCILMEMBER KOCHMAR MOVED COUNCIL BILL #295/CITY
ADOPTION OF THE FINAL 2001 KING COUNTY COMPREHENSIVE SOLID
WASTE MANAGEMENT PLAN TO SECOND READING/ENACTMENT AT
THE MARCH 19TH COUNCIL MEETING; COUNCILMEMBER HELLICKSON
SECOND. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
VIII.
CITY COUNCIL REPORTS
Council member Gates updated the City Council on her recent attendance at various
regional meetings, including National League of Cities Intergoyernmental Relations
Committee, and Regional Transit Committee. She noted a written Sound Transit update
would be distributed to Council mailboxes shortly.
Council member Kochmar announced that she would be meeting, along with Mayor
Burbidge, with representatiyes in Washington D.c. She announced she would be
attending yarious other regional meetings, and reminded citizens the Kiwanis are
sponsoring an eyeglass and hearing aid recycling program which benefits third world
countries.
Councilmember Park noted he was interviewed for a Diversity Commission yideo that
would be airing on FWTV Channel 21. He also attended at the Potential Annexation AIea
(PAA) Open House recently held at Lake Dolloff Elementary School; and wished Mayor
Burbidge and Council member Kochmar a safe trip to Washington D.C.
Councilmember Hellickson announced the next meeting of the FinanceÆconomic
Deyelopment would be held March 26th at 5:30 p.m. He noted he had a wonderful time at
the Volunteer Recognition Dinner.
Federal Way City Council Regular Meeting Minutes
March 5, 2002 - Page 5
Council member Faison also reported on his attendance at the Potential Annexation AIea
(P AA) Open House; the Open House was well staffed by city staff, county employees,
and consultants who were available to answer citizen questions. He announced the next
meeting of the Land Use/Transportation Committee would be held March 18th at 5:30
p.m.
Deputy Mayor McColgan also wished Mayor Burbidge and Councilmember Kochmar a
safe trip to Washington D.C. He complimented the Parks staff on the field maintenance at
Saghalie and Sacajawea parks for upcoming baseball season. He announced the next
meeting of the Lodging Tax Advisory Committee would be March 8th at 8:00 a.m.
Mayor Burbidge updated the Council on her attendance at various regional meetings, and
reminded eyeryone ofthe Sister City Baseball Auction that will be held Saturday, March
9th, the proceeds will benefit local athletes traveling to our Sister City of Hac hi no he for a
baseball tournament. She also updated citizens of upcoming events happening in the Arts
and in the community.
Ix.
CITY MANAGER REPORT
City Manager Dayid Moseley updated Council on the recent Open House for the
Potential Annexation AIea (P AA), which was held at the Lake Dolloff Elementary
School. He noted positiye interaction with the residents, and extended his thanks to
Community Development Planner Rox Burhans for all his work.
Mr. Moseley thanked everyone who attended last week's Volunteer Recognition Dinner.
The dinner was a huge success and he also thanked Jennifer Teeler, Volunteer
Coordinator and city staff who worked on this project.
He reported on the two new programs that are currently running on the Federal Way
Goyernment Channel2!. The Diversity Commission has produced a video entitled
"Profiles in Federal Way" which is now airing; and "Storytelling" which is airing in
conjunction with the Community Literacy Celebration.
City Manager Dayid Moseley announced the new Spring Parks and Recreations Brochure
is out and registration has begun. Maintenance staff has also begun making sure the ball
fields are in good condition for the spring sports season.
Mr. Moseley extended "kudos" to Management Services Director Iwen Wang and her
staff for their ongoing fiscal responsibility. He noted that further detailed information
could be found in the Final 2001 Year-End Financial Report, which the Council passed
on tonight's Consent Agenda.
Federal Way City Council Regular Meeting Minutes
March 5, 2002 - Page 6
He finally reminded Council of the need for an executive session for the purpose of
discussing Property AcquisitionlPursuant to RCW 42.30.11 O(1)(b); for approximately
thirty minutes with action expected.
Mr. Moseley noted Potential Litigation would not be discussed this evening.
x.
EXECUTIVE SESSION
At 9: 10 p.m. Mayor Burbidge announced the Council would be recessing to executive
session for the purposes of discussing Property AcquisitionlPursuant to RCW
42.30.ll0(1)(b); for approximately thirty minutes with action expected.
After a brief extension, Council returned to Chambers at 9:50 p.m.
a.
b.
Property AcauisitionlPursuant to RCW 42.30.110(1 )(b)
Potential LitigationlPursuant to RCW 42.30.ll0(J)(i) -CANCELED
COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO CLOSE THE ACOUISITION OF REAL PROPERTY
REOUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING
PROJECT AT 23RD A VENUE S. PURSUANT TO THE TERMS OF A CERTAIN
OFFER LETTER AND ACCEPTANCE LETTER DATED DECEMBER 21. 2001
BETWEEN THE CITY. AS PURCHASER. AND JIM CARMICHAEL ON
BEHALF OF FEDERAL WAY BUILDING. LLC AS SELLER. COVERING
CERTAIN REAL PROPERTY LOCATED ON THE CORNER OF 23RD A VEMUE
S. AND S. 316m ST.. FEDERAL WAY. WASHINGTON FOR A PURCHASE
PRICE OF $15.994.00:DEPUTY MAYOR MCCOLGAN SECOND: The motion
passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO DIRECT THE CITY ATTORNEY TO SETTLE THE
CONDEMNATION ACTION FOR THE ACOUISITION OF REAL PROPERTY
REOUIRED BY THE CITY IN CONNECTION WITH THE S. 312m STREET
WIDENING PROJECT. THE PROPERTY IS LOCATED AT 2214 S. 312IH
STREET FEDERAL WAY, WASHINGTON. UNDER THE TERMS OF THE
SETTLEMENT. THE PURCHASE PRICE SHALL BE $25,400. FOR THE
Federal Way Cily Council Regular Meeting Minutes
March 5, 2002 - Page 7
PROPERTY PLUS RENT IN AN AMOUNT AGREED TO BY THE PARTIES:
DEPUTY MAYOR MCCOLGAN SECON: The motion passed as follows:
Burbidge
Gates
Kachmar
Park
yes
yes
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
XI.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 9:50 p.m.
Stephanie D. Courtney
Deputy City Clerk
I
MEETING DATE:
April 16,2002
ITEM# ~«i ')
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 lAC Grant Resolution/Steel Lake Soccer Field Renovation
CATEGORY:
BUDGET IMPACT:
0 CONSENT
~ RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: Committee Action Fonn dated April I, 2002; 2002 lAC Grant Resolution
SUMMARYIBACKGROUND: The Washington State Interagency Committeefor Outdoor Recreation is accepting
applications for the 2002 lAC Grants. The Parks, Recreation and Cultural Services Department is preparing a grant
application for the 2002 Land and Water Conservation Fund (L WCF). The state requires that all applicants must submit
(I) an authorization memorandum and (2) an authorizing resolution with their application. The state's boilerplate for the
~emorandum and the resolution is attached for your review and approval. The Law Department is currently reyiewing
. state's boilerplates. Also attached is a copy of the 2002 L WCF Application Process Flow Chart.
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to approve and accept this request to moye forward
with the 2002 L WCGF Grant Application and authorize the City Manager to sign the state's memorandum and resolution,
and forward to full Council for consideration at its April 16,2002 meeting.
PROPOSED MOTION: "I moye approval of the 2002 lAC Grant Resolution/Steel Lake Soccer Field Renoyation as
presented."
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
ì TABLED/DEFERRED/NO ACTION
..J MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
5.B
I
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
Aprill,2002
Via:
Parks, Recreation, Human Services and Public Safety Council Committee
David M~anager
Jon Jainga, Park Planning and Development Manager
To:
From:
Subject:
2002 lAC Grant Resolution
Background:
The Washington State Interagency Committee for Outdoor Recreation is currently accepting
applications for the 2002 lAC Grants.
The Parks, Recreation and Cultural Services Department is preparing a grant application for the
2002 Land and Water Conservation Fund (L WCF). The state requires that all applicants must
submit (I) an authorization memorandum and (2) an authorizing resolution with their
application.
The state's boilerplate for the memorandum and the resolution is attached for your reyiew and
approval. Law Department is currently reyiewing the state's boilerplates. Also attached is a
copy of the 2002 L WCF Application Process Flow Chart.
Staff Recommendation:
Recommends approval to moye forward with the 2002 L WCF Grant Application process and
authorize the City Manager to sign the state's memorandum and resolution.
Council Committee Recommendation:
Motion to approve and accept this request to move forward with the 2002 L WCF Grant
Application and authorize the City Manager to sign the state's memorandum and resolution,
and forward to full Council for consideration at its April 16, 2002 meeting.
~~e~
councilcomlAC2002.doc
ß-\
AI'I'UCATltl'" 2,"12- L\\'CI-
j ) ,-~ I~]
c;
í-----
I .
i - ---
I
]
Application Authorization Memorandum
TO:
Interagency Committee for Outdoor Recreation (lAC)
PO. Box 40917
Olympia, Washington 98504-0917
FROM:
City of Federal Way
(name)
lAC is hereby requested to consider this apptication lor financial assislance lor the outdoor recreation
project(s) described below and 10 grant funding from such State and Federal sources as may be available.
This application has been prepared with full knowledge of and in compliance with lAC's Manuals. Further,
we agree to cooperale with the lAC by furnishing such additional inlormatico as may be necessary to
exeGute an lAC Project Agreement and to adhere to all ap Jfopnate state and federal statutes goveming
grant monies under the Project Agreement. We are aware that the gran!, if approved, will be paid on a
reimbursement basis. We agree that all application matenals, including photos, slides, site drawings,
maps, etc., become the property of tAC and may be used by lAC for education, information, or other
non-commercial purposes in lAC publications, presentations, or on lAC's web site.
Ptoject Name(s):
(Attach list
Steel Lake Soccer Field Renovation
if necessary)
Project Contact Person:
Name:
Tille:
Jon Jainga
Telephone Number:
Parks Plannin!\ and Development Mana!\er
253.661.4043
l!we certify that to the best 01 our knowledge, the information in this application IS true and correct. In
addition, ttwe certify that the matching resources identified in the grant are comm:lied to the above project.
Ilwe acknowledge responsibility for supporting all non-cash commitments and donations shoutd Ihey not
matenallze.
Authorized Representative:
-----------
City Manager
(This lorm with original signature must be sent to lAC)
1'.,Ie,
-ß--2
^""UCAT"'N lOOl - Lwcr
"; /-"1' r--,
" ¡'J ! 5' ~?
'-., !."J U ,.
Li
12. LWCF: Authorizing Resolution
Organization Name City of Federal Way
ResolulLon No,
Prolecl Name(s) "Steel Lake Soccer Field Renovation"
A resolulion authonzing application(s) lor federal funding assistance for a Land and Water Conservation Fund (LWCF)
program projecllo the Interagency Commillee for Ouldoor Recreation (lAC¡ as provided in Ihe LWCF Act 011965, as
amended.
WHEREAS, our organization has approved a comprehensive plan that includes this project area; and
WHEREAS, under the provisions of LWCF, federal funding assistance is requested to aid in financing the cost oltand
acquisition and/or facility development; and
WHEREAS, our organization considers it in the best public interest to complete the land acquisition andlor development
project described in the application;
NOW, THEREFORE, BE IT RESOLVED, that:
The City ManaJ(er
to lAC for funding assislance;
2. Any fund assislance received be used for implementalion of the project referenced above;
3. Our organization hereby cerufies that its share of project funding is commiUed and will be derived from
City of Federal Way General! Capital Improvement Fund
and private donations from Federal Way Soccer Association
,.
[MAYOR, DJREGTOR, PRESIDENT, ErG ] be authorized to make formal application
r SPONSOR MA rGHrNG RESOUI'GES];
4. We acknowledge that we are responsible for supporung all non-cash commitments to the sponsor share should they
not materialize; [if applicable]
5.
We acknowledge that any property acquired or facility developed with lAC financial aid must be placed in use "s an
outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our
organization, lAC, and the National Park Service;
This resolulion becomes part of a formal application 10 lAC; and
6.
7. We provided appropriate opportunity for public comment on this application
8. We acknowledge that L WCF grants are federal funds and. as such, our organization must comply wilh all appilcable
federattaws,
This resolution was adopted by our organization during the meeting held:
Location Federal Way, Washington
Date
Signed and approved by the following authorized representaILve:
Signed
Tille ~y ManaJ(er
Dale
Allesl
ApprO','èd as 10 [o"I1_-~_. ------_._---~._--_.__.
.~
()-3
LAC M'\~U^L 5L - M"RCII14, 2002
ApPLICATION 2002 - LWCF
LWCF: Application Process Flow Chart
Applicant: Application Materials Sent to lAC
(Unbonlld, IIOt folded: Due May 1, 2002)
I
lAC: Sends Notice of Completion or Deficiencies
(Umall)' II'Ùhiaf°flr IJ.uk.J of Ihe applicaiiOll deadline)
I
lAC: Applicant Contact & Possible On-Site Inspection
(Ocelll:f OJ carb' ill the applicalioll cycle as possible)
I
Applicants: Project Review Meetings
(B)' oppoilltment Ollly: Jnne 13-14,2002)
I
Applicants: Plan & Technical Completion Deadline
(Final plans due: June 20, 2002)
(Ièchnical Completion: July 2, 2002)
I
Applicants: Evaluation
(lAC schedules appointments: July 23-25, 2002, Olympia)
I
lAC: Funding Meeting
(Forfunded applicants: September 19 or 20, 2002) Olympia
I
Applicants: Post Approval Materials
(Due no later than December 19, 2002)
I
Applicants:.Sucèessful Applicant's Workshop
(For fmdl'd applicants: October 24-25, 2002))
6-1.-\
MEETING DATE:
April 16,2002
ITEM#
~ @..')
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Authorization to Enter into Contracts with King County and Recipients of Federal Way 2002 CDBG
Public Service Funds
CATEGORY:
BUDGET IMPACT:
I:8J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
-------
A IT ACHMENTS: I) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
March 28, 2002. This includes the interlocal cooperation agreement (ICA) with King County for public service programs
preyiously approved by the City Council for 2002; the 2002 CDBG Proposed Use of Funds; the 2002 CDBG Contingency
Plan; and a listing of 2002 CDBG programs with final funding levels.
---------
-----------
SUMMARYIBACKGROUND: The City Council approyed the 2002 Community Deyelopment Block Grant (CDBG)
-oposed Use of Funds and Contingency Plan on September 4, 2001. As a member of the King County CDBG
.ûnsortium, the City of Federal Way monitors the public service programs awarded CDBG funds and requests
reimbursements from the King County Consortium on a quarterly basis. The ICA with King County sets out the
responsibilities of the City of Federal Way in monitoring these contracts. The City of Federal Way then contracts with the
agencies awarded funds using the lCA as a boilerplate for the subcontracts.
------------------
-------------------------------------
CITY COUNCIL COMMITTEE RECOMMENDATION: . Staff requested authorization for the City Manager to
execute the King County Housing and Community Deyelopment Contract - 2002 and enter into subcontracts that include
the required sections of the ICA and the applicable Project Scope of Services with Community Health Centers of King
County for the Dental Access Program; City of Federal Way Domestic Violence Unit for the Domestic Violence Victim
Adyocate; and, Federal Way Norman Center, YMCA for the CARES Child Care Subsidy Program. At their April 8, 2002
meeting, the Committee reyiewed and approyed the Staffs recommendaton and forwarded the item to the April 16, 2002
City Council meeting.
---------------------
---------------------------------------------------
PROPOSED MOTION: I move to authorize the City Manager to execute the interlocal cooperation agreement for the
King County Housing and Community Deyelopment Contract - 2002 and enter into required subcontracts for Federal
Way's 2002 CDBG Public Service Programs.
~;~~-:-~;:;~~-~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISEO-O5/10/2001
5.D
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
March 28, 2002 d....n
Kelli O'Donnell G Coordinatolt?'../'!-
David Mos anager
Authoriza ion Enter into Contracts with King County and Recipients of
Federal Way 2002 CDBG Public Service Funds
Background
The City of Federal Way participates in the King County Consortium for distribution of
Community Development Block Grant (CDBG) funds. The attached interlocal cooperation
agreement (ICA) awards the 2002 CDBG funds to the City of Federal Way for the projects
previously approved by the City Council.
On September 4, 2001, the City Council approved the 2002 Community Deyelopment Block
Grant (CDBG) Proposed Use of Funds and Contingency Plan (Attachment 1 & 2). In December
of 2001, the City of Federal Way was notified Congress had reduced the actual 2002 CDBG
entitlement and the City of Federal Way's Contingency Plan was enacted. The reyised
distribution of 2002 CDBG funds is noted in Attachment 3. The City of Federal Way monitors
the public service programs awarded CDBG funds and requests reimbursement from the King
County Consortium on a quarterly basis. The ICA with the County sets out the responsibilities
of the City of Federal Way in monitoring these contracts. The City of Federal Way then
contracts with the agencies awarded funds using the ICA as a boilerplate for the subcontracts.
The City Attorney's Office has reyiewed the ICA and approved it for signature.
Staff Recommendation
Staff re'1uests authorization for the City Manager to execute the King County Housing and
Community Development Contract - 2002. Authorization is also requested for tile City
Manager to enter into subcontracts that include the required sections of the ICA and the
applicable Project Scope of Services with Community Health Centers of King County for the
Dental Access Program; City of Federal Way Domestic Violence Unit for the Domestic Violence
Victim Adyocate; and, Federal Way Norman Center, YMCA for the CARES Child Care Subsidy
Program.
Committee Recommendation
Motion to authorize the City Manager to execute the interlocal cooperation agreement for the
King County Housing and Community Development Contract - 2002 and enter into required
subcontracts for Federal Way's 2002 CDBG Public Service Programs and forward to the City
Council for consideration at its April 16, 2002 meeting.
b-\
Contractor's Federal Taxpayer ill No- 911462550
DepartmentlDivision:
DeDartment of Communitv and Human Services/Communitv Services Division
Agency:
City of Federal Way
Kin~ County Housin~ and Community Development Contract -' 2002
THIS CONTRACf is entered into by KING COUNTY, a political subdiyision of the State of
Washington, and, City of Federal Way, a municipal co¡poration, (hereinafter referred to as the
"Agency"), whose address is 33530 First Way South, Federal Way, W A.
RECITALS
A. The County is an Urban County recipient of Community Development Block Grant Program
(CDBG) funds under the Housing and Community Deyelopment Act of 1974 Public Law 93-
383 as amended (the "HCD Act"), HOME Inyestment Partnership Program (HOME) funds,
under the National Affordable Housing Act of 1990 Public Law 101-625 as amended (the
, "NAHA"), and Emergency Shelter Grants Program (ESG) funds, under the NAHA- The
County allocates Housing Opportunity Funds (HOF) to low-income housing development
capital projects and Current Expense ("CX") funds to housing and community development
projects in accordance with adopted County ordinances- The County will use CDBG,
HOME, HOF and/or CX funds for the purpose of carrying out eligible community
development and housing activities under the HCD Act, the NAHA, regulations promulgated
by the U.S. Department of Housing and Urban Development (BUD) at 24 CFR Part 570, 24
CFR Part 92, 24 CFR Part 576 and adopted County ordinances;
B. An Urban County CDBG Consortium has been established by CDBG interlocal cooperation
agreements ("ICAs") between the County and certain municipal corporations (Consortium
Cities) within the County. The tenns of the CDBG ICAs specify allocation ofCDBG funds
by the County to those participating jurisdictions for use in accordance with the County
Consolidated Housing and Community Development Plan ("HCD Plan"). The HCD Plan has
been adopted by the King County Council, accepted by participating jurisdictions and
approved by BUD;
C. A HOME Consortium has been established by HOME ICAs between the County and certain
HOME Consortium Cities, the tenns of which specify allocation of HOME funds and ESG
funds by the County for use in accordance with the HCD Plan which has been adopted by the
King County Council, accepted by participating jurisdictions and approved by HUD;
D. The County desires to award certain funds to the Agency for use as described in this Contract
and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, the NAHA, HUD regulations, State laws and/or adopted
County ordinances;
E. It is appropriatc and mutually desirable that the Agency be designated by the County to
undel1ake the aforementioned eligible activities, so long as the requirements of the HCD Act,
NAllA, IlUD Regulations. State law and County ordinances are adhered to, as provided for
herein;
D-L
.'
F. The purpose of this Contract is to provide for cooperation between the County and the
Agency, as the parties in this Contract, in implementing such eligible activities under the laws
and regulations that pertain to the funds awarded in this Contract; .
G. The parties are authorized and empowered to enter into this Contract by County ordinance,
the HCD Act, the NAHA, RCW Chapter 39.34, RCW Chapter 35.21.730 et seq_, by the
Constitution and the enabling laws of the State of Washington;
NOW, TIIEREFORE, for and in consideration of payments, coyenants, and agreements
hereinafter mentioned, to be made and perfonned by the parties hereto, the parties mutually
covenant and agree as provided for in this Contract.
AGENCY
KING COUNTY
for
Signature
Ron Sims
King County Executive
David H. Moseley
Name (Typed)
Date
City Manager
Title
Approved as to fonn per
Prosecuting Attorney Memo
Date
INDEX TO CONTRACT
PART 1 - GENERAL CONDITIONS
I. Scope of Contract
2. Duration of Contract
3. Compensation and Method of Payment
4. Budget.
5. Internal Control and Accounting System
6- Maintenance of Records
7. Audits
8. Evaluations and Inspections
9. Corrective Action
10. Assignment
11. Termination
12- Future Support
13. Hold Harmless and Indemnification
14- Insurance Requiremeuts
IS. Nondiscrimination and Equal Employment Opportnnity
16- Nondiscrimination in Snbcontracting Practices
\)-]
17. Section 504 and Americans with Disabilities Act
18. Subcontracts and Purchases
19. Conflict oflnterest
20- Political Activity Prohibited
21. Equipment Purchase, Maintenance, and Ownership
22. Notices
23. Proprietary Rights
24. Contract Amendments
25. King County Recycled Product Procurement Policy
26. Entire Contract/Waiver of Default
27. Miscellaneous Provisions
28. Supplanting
29. Costs & Attorneys Fees
30. Drug-Free Workplace Certification and Other Federal Requirements
31. Constitutional Prohibition
PART 2 - ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS
1. Term of Compliance
2. Promissory Note, Deed of Trust and Covenant
3. Property Management
4. Taxes and Licenses
5. Procedure in the Eyent of Casu altyl Condemnation
6- Anti-Displacement and Relocation Assistance
7. Affirmative Marketing
8. Environmental Review
9- Accessibility
10. Labor Standards
11. Employment Opportunities on Assisted Construction Projects
12. No Benefit to Owners and Developers of Assisted Housing
PART 3. PROJECT SCOPE(S)
Project
Scope Contract Fund
of Project Title No. Amount Source
Services
No.
I Federal Way COBG Program Administration 0313380 $66,056_00 COBG
2 Federal Way Domestic Violence Victim Advocate 0313390 $25,742.00 CDBG
3 Federal Way CHCKC Dental Support O31340D $10,282.00 CDBG
4 Federal Way YWCA CARES Child Care Subsidy Program 0313410 $50,239.00 CDBG
D-~
PART 1 ~ GENERAL CONDITIONS
1. SCOPE OF CONTRACT
B. Scope. The Contract between the parties shall consist of the signature page, each Part, each Scope of
Services (Scope) incorporated into the Contract, all matters and laws incorporated by reference
herein, and any written amendments made in accordance with the provisions contained herein. This
Contract supersedes any and all former agreements regarding projects described in the attached
project Scope(s).In the event that there is a difference between any of the language contained in the
Contract and any of the language contained in any project Scope to this Contract, the language in the
Contract shall have control over the language contained in the project Scope, unless the parties
affinnatively agree in writing to the contrary.
This Contract shall govern both (I) Service Projects (human service, planning, program
adllÙnistration and llÙcroenterprise) and (2) Capital Projects (acquisition, improvement, and
rehabilitation of real property and construction or reconstruction of public infrastructure)- The two
types of activities may be included in one Contract as separate project Scope(s) of Services (the
"Scope or Scopes").
C. Mandatory Certifications- The Agency certifies that it shall comply with the provisions of Part I,
Sections 15, 17, 19 and 20 of this Contract. If the Agency is a municipal corporation or
agency of the State of Washington, King County Code chapters 12.16, 12_17, 12_18 and
12.20 do not apply-
D. Contact Person. King County and the Agency shall each designate a contact person for each project
Scope incorporated in this Contract. All correspondence, reports, and invoices shall be directed to
the designated contact person- This provision does not, however, supplant or override Section 22,
Notices.
E. Federal Funds. The tenn "federal funds" as used herein means CDRG funds, HOME funds and/or
ESG funds. The specific types of funds provided under this Contract is specified in Part 3, attached
project Scope(s).
2. DURATION OF CONTRACT
The tenus of this Contract shall be in effect from the Start Date (as defined in the Scope(s», or the date
of execution of this Contract, whichever is earlier, until the Temúnation Date specified in each Scope,
unless extended or temúnated earlier, pursuant to the tenus and conditions of the Contract.
3. COMPENSATION AND METHOD OF PAYMENT
The County shall reimburse the agency only for the approved activities specified in each Scope and the
reimbursement amount shall not exceed the amount specified in each Scope. Reimbursements will be
payable in the following manner:
A. Start Date and End Date. Start Dates and End Dates for individual projects shall be specified in each
Scope. Costs incurred before the Start Date will not be reimbursed, except as provided in each
Scope. Costs incurred after the End Date will not be reimbursed.
2002 Boilerpll -Page 4
y~._~
B. Submission of Invoices. Supporting Documentation and Reports- The Agency shall submit an
invoice, supporting documentation for costs claimed in the invoice and all reports as specified in
each Scope or the County may not process the invoice. Supporting documentation for costs claimed
in the invoice includes, but is not limited to: purchase orders and bills. The County will pay the
agency within forty-five (45) days following the County's approval of a complete and correct
invoice, supporting documentation and reports-
C- Final Invoice for Service Proiects. The Agency shall submit its final invoice for each Scope proYiding
funding for Service Projects within seven (7) business days after the End Date. The Agency shall
submit all outstanding reports for each Scopeproviding funding for Service Projects within thirty
(30) business days after the End Date-
If the Agency's final invoices, supporting documentation, and reports are not submitted by the last
date specified in this subsection, the County will be relieved of all liability for payment to the
Agency of the amounts set forth in said invoice or any subsequent invoice. Provided, however, that
the County may elect to pay any invoice that is not submitted in a timely manner.
D- Final Invoice for Capital Projects. Unless provided otherwise in the project Scope(s) the Agency
shall submit its final invoice, supporting documentation, and all outstanding reports for each Scope
providing funding for es Capital Projects before the End Date specified in the Scope(s)-
If the Agency's final invoice, supporting documentation, and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Agency of
the amounts set forth in said invoice or any subsequent invoice; provided, however, that the County
may elect to pay any invoice that is not submitted in a timely manner.
E. Return of Unspent County Funds. On or before the End Date specified in each Scope, for individual
projects covered by this Contract, the Agency shall transfer to the County any unexpended and
unencumbered funds provided under this contract that are on hand and any accounts receivable
attributable to the use of County funds.
Projects using federal funds shall also comply with subsections F, G, H and I:
F. Municipal Corporations or State Public Agencies. If the Agency is a municipal corporation or an
agency of the State of Washington, costs for which the Agency requests reimbu:-oement shall comply
with the policies, guidelines, and requirements ofOMB Circular No- A-87, "Cost Principles For State,
Local and Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized
Indian Tribal Governments" identified at 24 CPR Part 570.502(a) Applicability of Uniform
Administrative Requirements, unless otherwise provided in the Scope(s)-
G. Nonprofit Corporations. If the Agency is a nonprofit corporation, costs for which the Agency requests
reimbursement shall comply with, unless otherwise provided in the Scope(s), the policies, guidelines
and requirements of OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations," and
the sections of 24 CPR Part 84, Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, identified at 24
CFR 570.502 (b), Applicability of Uniform Administrative Requirements.
H. Excess Federal Funds. CDßG and/or HOME funds on hand shall not exceed $5,000 if retained
beyond three (3) days unless written approval is received from the County. Any reimbursement in
excess of the amount required shall be promptly returned to the County.
2002 Boilerplt -Page 5
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I. Program Income. The Agency shall report all CDBG and HOME Program Income, as defined in 24
CFR Part 570-504(c), 24 CPR Part 92.503 and in the HCD Plan, generated under this Contract for the
purposes specified herein or generated through the project(s) funded under this Contract. Program
Income is to be returned to the County unless the County specifies that it may be retained by the
Agency. If the County authoñzes the Agency to retain the Program Income to continue or benefit a
project(s), the Agency will comply with all provisions of this Contract in expending the funds-
4. BUDGET
The Agency shall apply the funds received from the County under this Contract in accordance with the
line item budget set forth in each project Scope. The Agency shall request in wñting pñor approval from
the County to revise the line item budget when the cumulative amount of transfers from a line item in any
project Scope is expected to exceed ten percent (10%) of that line item. Supporting documents are
necessary to fully explain the nature and purpose of the revision, and must accompany each request for
prior approyal. All budget revision requests in excess of 10% of a line item amount shall be reviewed
and approved or denied by the County in writing.
S. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which complies
with applicable, generally accepted accounting principles, and governmental accounting and financial
reporting standards.
6. MAINTENANCE OF RECORDS
A. Scooe of Records- The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Contract funds and compliance with this Contract,
including all records specified in each Scope.
B. Time ¡or Retention of Records- Records required to be maintained in subsection A above shall be
maintained for a period of six (6) years after the Termination Date, unless a different peñod for
records retention is specified in the project Scope, or unless permission to destroy them is granted by
the Office of the Archivist in accordance with RCW Chapter 40_14-
C. Location of RecordsINotice to County. The Agency shall infonn the County in writing of the
location, if different from the Agency address listed on page one of this Contract, of the aforesaid
books, records, documents, and other evidence and shall notify the County in writing of any changes
in location within ten (10) working days of any such relocation.
Projects using fedcra\.funds shall also comply with subsections D, E, F, G, H, I, J, K and L:
D. Federal Exceotions to Retention ReQuirements. Exceptions to the six (6) year retention period a.e as
follows: (I) Records that are the subject of audit findings. litigation. or claims shall be retained unlil
such findings, litigation or claims have been resolved; and (2) The retention period for real property
and equipment records starts from the date of the disposition, replacement or transfer at the direction
of the County.
2002 Boilerplt -Page 6
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E- Financial Management Records. Financial records shall identify adequately the source and
application of funds for activities within this Contract, in accordance with the provisions of 24 CPR
Part 85.20 and the Ü- S. Office of Management and Budget ("OMB") Circular A-87 for
governmental agencies, 24 CPR Part 84.21 and OMB Circular A-122 for Nonprofit Corporations-
These records shall contain infonnation pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income-
F. Tenant Notification and Relocation Records- If the Agency is acquiring property with existing
tenants, Agency record keeping for tenant notification and relocation must comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 ([he "Uniform Relocation
Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
and a separate relocation record for each person, business. organization, and farm operation
displaced or in the relocation workload must be kept. .
G- Acquisition Records- If the Agency is using funds under this Contract for property acquisition, the
Agency must maintain a separate acquisition file for each acquisition process documenting
compliance with Uniform Relocation Act regulations at 49 CPR Part 24, including a notice of
voluntary sale.
H. Beneficiary Records- The Agency agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these categories of
persons have participated in, or benefited from, the activities carried out under this Contract if
required in a project Scope-
I.
Labor Standards- If the Agency is using funds under this Contract for construction work, the
Agency shall maintain records documenting compliance by all construction contractors with the
labor standards as required under 24 CFR Part 570.603 for CDBG funds and 24 CFR Part 92.354 for
HOME funds.
J.
Other Construction Records. The Agency and all of its contractors shall maintain records and
information necessary to document the level of utilization of state certified small, minority and
women owned businesses, and other businesses as subcontractors and suppliers under this Contract.
The Agency shall also maintain all written quotes, bids, estimates or proposals submitted by the
Contractor and any and all businesses seeking to participate in this Contract. The Agency ~I¡all make
such documents available to the County for inspection and copying upon request.
K. Employment Records. If the Agency is a municipal corporation or an agency of the State of
Washington, it agrees to maintain the following data for each of the Agency's operating units funded
in whole or in part with CDBG funds provided under this Contract:
1- employment data with such data maintained in the categories prescribed on the Equal
Employment Opportunity Commission's EEO-4 form; and
2. documentation of any actions undertaken to assure equal employment opportunities to all persons
regardless of race, color, national origin, sex or handicap.
L Records Regarding Remedy of Past Discrimination. The Agency shall maintain
documentation of the affinnative action measures the Agency has taken to overcome prior
discrimination if a court or HUD has found that the Agency has preyiously discriminated
2002 Boilerplt -Page 7
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against persons on the grounds of race, color, national origin or sex in administering a
program or activity funded in whole or in part with CDBG funds pursuant to 24 CPR Part
121.
7. AUDITS
A- Nonprofit Corporations. If the Agency is a nonprofit corporation and expends a total of $300,000 or
more in federal financial assistance and has received federal financial assistance from the County
during its fiscal year, it shall have an independent audit conducted of its financial statement and
condition, which shall comply with the requirements of generally accepted auditing standards
"GAAS"; GAO's Standards for Audits ofOovemmental Organizations, Programs, Activities, and
Functions; and OMB Circular A~133, as amended, and as applicable-
B. The Agency shall provide a copy of the audit report to each County division providing financial
assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal
year. The Agency shall provide to the County their response and corrective action plan for all
findings and reportable conditions contained in their audit. When reference is made in their audit to
a "Management Letter" or other correspondence made by the auditor, the Agency shall provide
~opieš of those communications and the Agency's response and corrective action plan-
C. Municipal Coroorations. If the Agency is a municipal corporation, it shall submit to the County a
copy of its annual report of examination/audit, conducted by the Washington State Auditor, within
thirty (30) days of receipt, which submittal shall constitute compliance with Part I, Section 7_A,
above.
D. Catalog of Federal Domestic Assistance. The Catalog of Federal Domestic Assistance (CFDA)
number for the CDBO Program is 14_218. The CFDA number for the HOME Program is 14_239. The
CFDA number for the ESG Program is 14.231.
8. EV ALVA nONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records- The Agency shall provide right of access to
its facilities, including those of any subcontractor to the County, the State, and/or federal agencies or
officials at all reasonable times in order to monitor and evaluate the activities funded under this
Contract. The County will give advance notice to the Agency in the case of fiscal audits to be
conducted by the County.
B. Time for Inspection and Retention. The records and documents with respect to all matters covered
by this Contract shall be subject at all times to inspection, review, or audit by the County and/or
federaVstate officials so authorized by law during the perfonnance of this Contract and six (6) years
after the Temúnation Date, unless a different period is specified in the Scope or a longer retention
period is required by law-
C. Agreement to Cooperate. The Agency agrees to cooperate with the County or its agent in the
evaluation of the Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said evaluations shall
be maintained and disclosed in accordance with RCW Chapter 42.17.
2002 Boiletplt -Page 8
Î'. Ci.'
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9.
CORRECTIVE ACTION
A. Default by Agency. If the County determines that a breach of Contract has occurred because the
Agency failed to comply with any material teons or conditions of this Contract or the Agency has
failed to provide in any manner the work or services agreed to in any Scope attached hereto, and if
the County deems said breach to warrant corrective action, the following sequential procédure will
apply:
L The County will notify the Agency in writing of the nature of the breach;
2. The Agency shall submit a plan describing the specific steps being taken to correct the specified
deficiencies (the "Corrective Action Plan"). The Corrective Action Plan shall be submitted to the
- County within ten (10) business days from Agency's receipt of the County's notice under this Section.
The Corrective Action Plan shall specify the proposed completion date for bringing the Contract into
compliance, which completion date shall not be more than thirty (30) days from the date the County
receives the Agency's Corrective Action Plan, unless the County, in its sole discretion, specifies in
writing an extension in the number of days to complete the corrective actions.
3. The County will notify the Agency in writing within three (3) business day of receipt of the Plan
of the County's determination as to the sufficiency of the Plan. The determination of sufficiency of
the Plan shall be at the- sole discretion of the County.
B. Termination of Contract. In the event that the Agency does not respond within the appropriate time
with a Corrective Action Plan, or the Agency's Corrective Action Plan is determined by the County
to be insufficient, the County may commence termination of this Contract in whole or in part
pursuant to Part I, Section I LB;
C. County Withholding of Payment. The County may withhold any payment owed the Agency or
prohibit the Agency from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
0- No Waiver of Other Remedies- Nothing herein shall be deemed to affect or waive any rights the
parties may have pursuant to Part I, Section I L
10.
ASSIGNMENT
The Agency shall not assign any portion of this Contract or transfer or assign any claim arising pursuant
to this Contract without the prior written consent of the County- Additional teons for County consent to
such Assignment may be described in a project Scope or Scope(s). Said consent must be sought in
writing by the Agency not less than fifteen (15) business days prior to the date of any proposed
assignment. The Agency shall deliver to the County with its request for consent to such assignment, such
infonnation regarding the proposed assignee, including the proposed assignee's mission, description of
the proposed assignee's legal status, and financial and management capabilities as is reasonably available
to the Agency. Within fifteen (15) days after such request for consent to such assignment, King County
may reasonably request additional available infonnation on the proposed assignee. If the County shall
give its consent to any assignment. this Section shall nevertheless continue in full force and effect. /'g}y
assignment without prior County consent shall be void.
2002 Boilerpll -Page 9
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11.
TERMINATION
A. Tennination for Convenience.
I. This Contract may be tenninated by the County without cause, in whole or in part, prior to the
Tennination Date specified in the Scope of Services, by providing the Agency thirty (30) days
advance written notice of the tennination.
2- In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in
any way prior to the Tennination Date set forth in the project Scope, the County may, upon
written notification to the Agency, tenninate this Contract in whole or in part-
3. If the Contract is tenninated as provided above: (I) the County will be liable only for payment in
accordance with the tenDS of this Contract for services rendered prior to the effective date of
tennination; and (2) the Agency shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the tennination-
B. Tennination for Cause.
L The County may tenninate this Contract, in whole or in-part, upon seven (7) days advance
written notice to Agency pursuant to, in the event: (1) the Agency materially breaches any duty,
obligation, or service required pursuant to this Contract and such breach has not been cured by a
Corrective Action Plan acceptable to County or (2) the duties, obligations, or services required
herein become impossible, illegal, or not feasible-
2. If the County tenninates the Contract pursuant to this section, the Agency shall be liable for
damages, including any additional costs of procurement of similar services from another source.
3. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency
shall return to the County immediately any funds, misappropriated or unexpended, which haye
been paid to the Agency by the County.
C. Waiver. Nothing herein shall limit, waive, or extinguish any. right or remedy provided by this
Contract at law or in equity that either party may haye in the event that the obligations, tenns, and
conditions set forth in this Contract are breached by the other party.
12.
FUT~RE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
13.
HOLD HARMLESS AND INDEMNIFICATION
A. Agencv is an Independent Contractor. In providing services under this Contract, the Agency is an
independent Contractor, and neither it nor its officers, agents, or employees are employees of the
County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and compensation for
these services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
2002 Boiletplt -Page 10
D-II
B. The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by or on behalf of the Agency, its employees, and/or others by reason of this Contract. The
Agency shall protect, indemnify, and save harmless the County, their officers, agents, and employees
from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)
the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the
supplying to the Agency of work. services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
C. Agency Agreement to Repay. The Agency further agrees that it is financially responsible for and
will repay the County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract
by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the prior termination of the Contract pursuant to the
Duration of Contract or the Termination Sections-
D. Agency Indemnification of County. The Agency shall protect, defend, indemnify, and save hamùess
the County, their officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of
'the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its
obligations under this contract. The Agency agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees
or agents. For this purpose, the Agency, by mutual negotiatiòn, hereby waives, as respects the
County only, any immunity that would otherwise be available against such claims under the
Industrial Insurance provisions of RCW, Title 5 L In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article,
all such fees, expenses, and costs shall be recoverable from the Agency-
E- Unfair Trade Practices. The Agency agrees not to perform any acts that include, but are not linûted
to, use or transfer of software, book, document, report, film, tape, or sound reproduction or material
of any kind, delivered hereunder, that constitutes an infringement of any copyright, patent,
trademark, trade name, and/or otherwise results in unfair trade practice. The Agency agrees to
indemnify the County for any härm resulting from unfair trade practices-
14.
INSURANCE REQUIREMENTS
A. Insurance Required. By the date of execution of this Contract, the Agency shall procure and maintain
for the duration of this Contract, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with, the performance of work hereunder by the
Agency, its agents, representatives, employees, and/or subcontractors- The Agency or subcontractor
shall pay the costs of such insurance. The Agency may furnish separate certificates of insurance and
policy endorsements from each subcontractor as evidence of compliance with the insurance
requirements of this Contract.
I. The Agency is responsible for ensuring compliance with all of the insurance requirements stated
herein. Failure by the Agency, its agents, employees, officers, subcontractors, providers, and/or
provider subcontractors to comply with the insurance requirements stated herein shall constitute
a material breach of this contract.
2002 Boilerplt -Page 11
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2- Each insurance policy shall be written on an "occurrence" form; except that insurance on a
"claims made" form may be acceptable with prior County approval. If coverage is approved and
purchased on a "claims made" basis, the Agency warrants continuation of coyerage, either
through policy renewals or the purchase of an extended discovery period, if such extended
coverage is available, for not less than three years from the date of Contract ternúnation, and/or
conversion from a "claims made" form to an "occurrence" coverage form.
B. Risk Assessment by Agency. By requiring such minimum insurance, the County shall not be deemed
or construed to have assessed the risks that may be applicable to the Agency under this Contract. The
Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
C. Minimum Score of Insurance
Coverage shall be at least as broad as:
L General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering
COMMERCIAL GENERAL LIABILITY.
Q. Professional Liability: Professional Liability, Errors, and Omissions coverage- In the event that
services delivered pursuant to this Contract either directly or indirectly involve or require
professional services, Professional Liability, Errors, and Omissions coverage shall be provided.
"Professional Services", for the purpose of this Coi:iìract Section, shall mean any services
provided by a licensed professional.
3- Automobile Liability: In the event that services delivered pursuant to this Contract inyolve the
transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles,
the Agency shall provide evidence of the appropriate automobile coverage- Insurance Services
Office form number (CA 00 01 Ed- 12-90) covering BUSINESS AUTO COVERAGE, symbol I
"any auto"; or the appropriate coverage provided by symbols 2, 7,8, or 9.
4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar coverage required for this work
by applicable federal or "Other States" state law-
5. Property Insurance:- Insurance Services Office form number (CP 00 10 Ed. 10-90) covering
BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office
form number (CP 1030 Ed. 10-90) CAUSES OF LOSS - SPECIAL FORM or project
appropriate equivalent.
2002 Boilerplt -Page 12
D\3-
D- Minimum Limits of Insurance
The Agency shall maintain limits no less than, for:
L General Liability: $1 Million combined single limit per occurrence by bodily injury, personal
injury, and property damage, and for those policies with aggregate limits, a $2 Million aggregate
limit.
2- Professional Liability, Errors, and Omissions: $1 Million-
3. Automobile Liability: $1 Million combined single limit per accident for bodily injury and
property damage- Except if the transport of clients by Agency personnel is involved, then Risk
Management will review the appropriate amount of coverage-
4. Workers' Compensation: Statutory requirements of the state ofresidency.
5. Property Insurance: 100% replacement value.
E- Insurance During Building Construction Period-
1. Prior to commencement of building construction and until construction is-complete and approved
by the Agency, the Agency shall cause the construction contractor to procure and maintain
insurance against claims for injuries to persons or damages to property which may arise from, or
in connection with the activities related to this Contract. The Agency shall be a named as an
additional insured on all policies- The cost of such insurance shall be paid by the Agency and/or
any of the Agency's subcontractors-
2. For All Coverages: Each insurance policy shall be written on an "Occurrence" foon.
a. Minimum Scope of Insurance- Coverage shall be at least as broad as:
ill General Liability: Insurance Services Office form number (CG 00 01 Ed- 11-88)
covering COMMERCIAL GENERAL LIABILITY:
(ii) Products and Completed Operations: The General Liability Policy required in this
Section shall include Products and Completed Operations coverage for the protection
against bodily injury and property damage claims arising from this hazard, at a limit
acceptable to the County.
(iii) Automobile Liability: Insurance Services Office form number (CA 0001 ed. 12-90)
covering BUSINESS AUTO COVERAGE, symbol I "any auto;" or the combination of
symbols 2, 7, 8, and 9.
(iy) Professional Liability. Errors and Omissions Coverage: In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
professional services, Professional Liability, Errors and Omissions coverage shall be
provided. "Professional Services" for the purposes of this Section shall mean any
services provided by a licensed professional.
2002 Boilerplt -Page 13
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(v) Builder's Risk Insurance: The Agency will obtain, or cause to be obtained, a builder's
ôsk policy (Insurance Services Office form number (CP-OO 02 Ed- 10-90) BUILDER'S
RISK COVERAGE FORM) covering 100% of the replacement value of the
building/structures-
(yi) Worker's Compensation: Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington-
(yii) Stop Gap, Employers Contingent Liability
3. Minimum Lioúts of Insurance- The Agency shall maintain lioúts no less than, for:
a- General Liability: $1,000,000 combined single lioút per occurrence for bodily injury,
personal injury and property damage.
b. Products and Completed Operations: $1,000,000.
c- Automobile Liability: $1,000,000 combined single lioút per accident for bodily injury and
property damage-
d- Professional Liability, Errors & Omissions: $1,000,000.
e. Builder's Risk Insurance: 100% replacement cost value.
f. Workers Compensation: Statutory requirements of the State of residency.
g. Stòp Gap or Employers Liability Coyerage: $1,000,000.
F. Deductibles and Self-Insured Retentions- Any deductibles or self-insured retentions must be
declared to, and approved by, the County. The deductible and/or self-insured retention of the
policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of
the Agency
G. Other Insurance Provisions. The insurance policies required in this Contract are to contain, or be
endorsed to contain, the following provisions:
L General and Automobile Liability Policies
2- The County, its officers, officials, employees, and agents are to be covered as additional insureds
as respects liability aôsing out of activities performed by or on behalf of the Agency in
connection with this Contract.
3- To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary
insurance as respects the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall
not contribute with the Agency's insurance or benefit the Agency in any way.
4. The Agency's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought, except with respect to the limits of the iusura-s liability."
2002 Boilerplt -Page 14
IJ.)5
S. Property Coverage Policies
6. The County is to be added to all Property Coverage Policies as an additional loss payee as its
interests may appear-
7. All Policies
8- Coverage shall not be suspended, yoided, canceled, reduced in coverage or in linñts, except by
the reduction of the applicable aggregate linñt by claims paid, until after forty-five (45) days
prior written notice has been given to the County-
H. Acceotability of Insurers. Unless otherwise approved by the County, insurance is to be placed with
insurers with a Bests' rating of no less than A: Vill, or, if not rated with Bests, with nñnimum
surpluses the equivalent of Bests' surplus size Vill. Professional Liability, Errors, and Onñssions
insurance may be placed with insurers with a Bests' rating ofB+VII. Any exception must be
approved by the County.
1.
Jf, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall,
upon notice to that effect from the County, promptly obtain a new policy, and shall subnñt the same
to the County, with appropriate certificates and endorsements, for approval.
J.
Verification of Coverage. The Agency shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements for each insurance policy are to be on forms approved by the County
prior to the conunencement of activities associated with the Contract. The County reserves the right
to require complete, certified copies of all required insurance policies at any time-
K. Subcontractors. The Agency shall include all subcontractors as insureds under its policies or shall
furnish separate certificates of insurance and policy endorsements from each subcontractor.
Insurance coverages provided by subcontractors as eyidence of compliance with the insurance
requirements of this Contract shall be subject to all of the requirements stated herein.
L. Municioal or State Agency Provisions. If the Agency is a municipal corporation or an Agency of the
State of Washington and is self-insured for any of the above insurance requirements, a certification
of self-insurance shall be attached hereto and be incorporated by reference and shall constitute
compliance with this Section.
IS.
NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Non-<liscrinñnation and Fair Emolovment Provisions Incoroorated. King County Code Chapters
12.16, 12.17, 12-18, and 12.20 are incorporated by reference as if fully set forth herein and such
requirements apply to this C~ntract, provided however, that no specific levels of utilization of
minorities and women in the workforce of the Agency shall be required, and the Agency is not
required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national
origin in its employment practices; and provided further that, notwithstanding the foregoing, any
affirmative action requirements set forth in any federal regulations, statutes or rules included or
2002 Boilerplt -Page 15
f)-/6
referenced in the contract documents shall continue to apply. King County Code sections 12.16,
12.17, 12.18, and 12_20 do not apply to an Agency that is a municipal corporation or state agency.
B. Non-discrimination- During the perfonnance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate nor tolerate harassment on the
basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or the
presence of any sensory, mental, or physical disability in the employment or application for
employment or in the administration or delivery of services or any other benefits under this Contract.
C Equal Emolovment Oooortunity. The Agency will implement and carry out the obligations contained
in its Affidavit and Certificate of Compliance regarding equal employment opportunity. Failure to
implement and carry out such obligations i" good faith may be considered by the County as a
material breach of this Contract and grounds for withholding payment and/or termination of the
Contract and dismissal of the Agency.
D. Compliance with Applicable Laws. The Agency shall comply fully with all applicable federal, state
and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49-60 and Titles VI and VII of the Civil Rights
Act of 1964.
E. Prohibition of Unfair Employment Practices- During the performance of this Contract, neither the
Agency nor any party contracting or subcontracting under the authority ofthis contract shall engage
in unfair employment practices. It is an unfair employment practice for any:
1. Employer or labor organization to discriminate against any person with respect to referral, hiring,
tenure, promotion, terms, conditions, wages or other privileges of employment;
2. Employment agency or labor organization to discriminate against any person with respect to
membership rights and privileges, admission to or participation in any guidance program,
apprenticeship training program, or other occupational training program;
3- Employer, employment agency, or labor organization to print, circulate, or cause to be printed,
published or circulated, any statement, advertisement, or publication relating to employment or
membership, or to use any form of application therefor, which indicates any discrimination
unless based upon a bona fide occupation qualification;
4- Employment agency to discriminate against any person with respect to any reference for
employment or assignment to a particular job classification;
5. Employer, employment agency or a labor organization to retaliate against any person because
this person has opposed any practice forbidden by King County Code Chapter 12_18 or because
that person has made a charge, testified or assisted in any manner in any investigation,
proceeding or hearing initiated under the provisions of King County Code Chapter 12-18;
6. Publisher, firm, corporation, organization or association printing, publishing or circulating any
newspaper. magazine or other written publication to print or cause to be printed or circulated any
advertisement with knowledge that the same is in violation of King County Code Chapter
12.18.030.C. or to segregate and separately designate advertisements as applying only to men
and women unless such discrimination is reasonably necessary to the normal operation of the
2002 Boilerplt -Page 16
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particular business, enterprise or employment, unless based upon a bona fide occupational
qualification; and/or
7 - Employer to prohibit any person from speaking a language other than English in the workplace
unless:
8- the employer can show that requiñng that employees speak English at certain times is justified by
business necessity, and
9. the employer informs employees of the requirement and the consequences of violating the rule-
F. Non-Discñnñnation and EQual Employment Opportunity Reporting
1. If the Agency is a nonprofit corporation and one or more Scopes attached to this Contract have a
cumulative value of $25,000 or more the Agency shal\subnñt the following:
a) A Personnellnventory Report on the form provided by the County
b) An Affidavit and certificate of Compliance demonstrating the Agency's commitment to
comply with the provisions of King County Chapter 12_16 and attach the oñginal, notarized,
completed form to this contract; and
c) Sworn Statement of Compliance with King County Chapter 12.16 from any labor unions or
employee referral agencies which refers workers or employees or provides or supervises
apprenticeship or other training programs from whom Agency obtains employees.
d) The Agency shall also subnñt Personnellnventory Reports, Affidavit and Certificates of
Compliance and Sworn Statements of Compliance from any contractors or subcontractors it
utilizes to perform any work under this contract. Such contractor or subcontractor.
information shall be subnñtted prior to the County processing and paying any progress
payment, which includes such contractor or subcontractor work. .
Assistance with the requirements of this Section and copies of King County Chapters 12.16 and
12.18 are available from the King County Business Development and Contract Compliance
Division, phone (206) 684-1330.
2. If the Agency is a nonprofit corporation and one or more Scopes attached to this Contract have a
cumulative value of $25,000 or more the County will not execute an agreement or contract
without prior receipt of fully executed forms listed in subparagraph .1, above.
G. Fair Housing Protections. The Agency shall comply with the federal Fàir Housing Act, Public Law
90-284 (42 USC 3601 et seq.) The Agency shall take necessary and appropriate actions to prevent
discrinñnation in any housing-related project under this contract, which includes rental housing
projects and/or projects that include residential real estate-related transactions, as required by the
Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against
Discrinñnation (RCW Chapter 49.60). Residential real estate-related transactions include the making
or purchasing of loans or the provision of financial assistance secured by real estate, or the making or
purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or
maintaining of a dwelling. Rental housing includes any dwelling which is intended for occupancy as
2002 Boilerplt -Page 17
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a residence for one or more families by lease, sublease or by grant for a consideration of the right to
occupy premises not owned by the occupant. In addition, except for projects located in incorporated
jurisdictions, the Agency shall comply with the provisions of the King County Open Housing
Ordinance, codified at Chapter 12_20 of the King County Code, which prohibits practices of housing
discñmination against any person on the basis of race, color, national origin, religion, sex, disability,
parental status, retaliation, marital status, age, ancestry, sexual orientation and possession of section
8 housing assistance-
Projects using federal funds shall also comply with subsections H, I, and J:
H. Additional Federal Nondiscrimination ReQuirements- The Agency shall comply with all applicable
federal laws prohibiting discrimination, including the following:
L Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at
24 CFR Part 107;
2. Section 109 oftlte HCD Act of 1974, as amended (42 USC 5301);
3- The Americans with Disabilities Act (42 USC 1213; 47 USC 155,201,218 and.225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.
1.
Prohibited Discriminatorv Actions
1.
The Agency may not, under any program or activity to which this Contract may apply, directly or
through contractual or other arrangements, discriminate on the grounds of age, sex, marital status,
familial status, religion, race, creed, color, sexual oñentation, nationality, or the presence of any
sensory, mental or physical disability. Discriminatory actions may include but are not limited to
the following:
a) Denying any person access to facilities, services, financial aid or other benefits provided under
the program or activity-
b) Providing any person with facilities, services, financial aid or other benefits, which are different,
or are provided in a different form from that provided to others under the program or activity.
c) Subjecting any person to segregated or separate treatment in any facility or in any matter or
process related to receipt of any service or benefit under the program or activity-
d) Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, financial aid or other benefits under the program or
activity.
e) Treating any person differently from others in determining whether the person satisfies any
admission, enrollment, eligibility, membership, or other requirement or condition which
individuals must meet in order to be provided any facilities, services or other benefit provided
under the program or activity-
f) Denying any person any opportunity to participate in a program or activity as an employee.
2002 Boilerpl! -Page 18
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g) Failing to design and construct facilities for first occupancy after January 26, 1993 that are
readily accessible to and usable by individuals with disabilities and failure to remove
architectural and communication barriers that are structural in nature in existing facilities, where
such removal can be accomplished without difficulty and expense-
2.
The Agency shall not utilize criteria or methods of adllÚnistration which have the effect of
subjecting individuals to discrillÚnation on the basis of race, color, fallÚlial status, religion, sexual
orientation, nationality, sensory, mental or physical disability, age or sex, or háve the effect of
defeating or substantially impairing accomplishment of the objectives of the program or activity
with respect to individuals of a particular age, sex, marital status, fallÚlial status, religion, race,
creed, color, sexual orientation, nationality, or the presence of any sensory, mental or physical
disability.
3.
The Agency, in determining the site or location of housing or facilities proyided in whole or in part
with funds under this Contract, may not make selections of such site or location which have the
effect of excluding individuals, denying them benefits, or subjecting them to discrillÚnation on the
grounds of age, sex, marital status, fallÚlial status, religion, race, creed, color, sexual orientation,
nationality, or the presence of any sensory, mental or physical disability; or which have the purpose
, or effect of defeating or substantially impairing the accomplishment of the objectives of the HCD
Act or of the HOD Regulations.
J. Employment Protections. In all solicitations under this Contract, the Agency shall state that all
qualified applicants will be considered for employment. The words "equal opportunity employer" in
advertisements shall constitute compliance with this Section.
16.
NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. Compliance with Initiative 200. In accordance with the proyisions of Washington Initiative 200, no
County Minority and Women Business (M/WBE) utilization requirements shall apply to this
Contract. No llÚnimum level of M/WBE participation or purchase from M/WBE certified vendors is
required and no preference will be given for M/WBE utilization or M/WBE status. Provided,
however, that any affirmative action requirements set forth in any federal regulations or statutes
included or referenced in the Contract documents will continue to apply.
B. Non-DiscrillÚnation. During the term of this Contract, the Agency shall not create barriers to open
and fair opportunities to participate in County contracts or to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services. In considering offers
from and doing business with contractors and suppliers, the Agency shall not discrillÚnate against
any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified disabled
person.
C. Record-Keeping Requirements. The Agency shall maintain, after completion of all work under this
contract, records and information necessary to document its level of utilization of M/WBEs and other
businesses as contractors, subcontractors and suppliers in this contract and in its overall public and
private business activities for the same period. The Agency shall also maintain, after completion of
all work under this contract, all written quotes. bids, estimates or proposals submitted to the Agency
by all businesses seeking to participate on this Contract. Such records shall be retained by the
2002 Boiletplt -Page 19
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Agency for the period specified in Part I, Section 6 above- Agency shall make such documents
available to the County for inspection and copying upon request.
D. Open Competitive Opportunities.
I. The County encourages the utilization of small businesses, minority owned businesses ("MBEs")
and women-owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts- The
County encourages the following voluntary practices to promote open competitive opportunities
for small businesses including M/WBEs:
a) Scheduling or attending a pre-bid or pre-solicitation conference to provide project
information and to inform M/WBEs and other finns of contracting and subcontracting
opportunities.
b) Placing all qualified small businesses attempting to do business in the County, including
M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to
MlWBEs and all other small businesses capable of performing the work, including without
limitation all businesses on any list provided by the County, in sufficient time to allow such
businesses to respond to the written solicitations.
c) Breaking down total requirements into smaller tasks or quantities, where economically
feasible, in order to permit maximum participation by small businesses including M/WBEs.
d) Establishing delivery schedules, where the requirements of this contract permit, that
encourages participation by small businesses, including M/WBEs-
e) Providing small businesses including M/WBEs that express interest with adequate and timely
information about plans, specifications, and requirements of the contract.
f) Utilizing the sëivices of available community organizations, contractor groups, local
assistance offices, the County, and other organizations that provide assistance in the
recruitment and placement of small businesses including M/WBEs.
g) The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can
provide a list of certified M/WBEs- Contact the OMWBE office at (360) 753-9693 or on-line
through their web site at www.wsdot.wa.gov/omwbel.
2. Further, the County encourages small businesses, including M/WBEs, to participate in the
following practices to promote open competitive opportunities:
a) Attending a pre-bid or pre-solicitation conference to receive project information and to
inform prime bidders/proposers of contracting and subcontracting capabilities.
b) Requesting placement on solicitátion lists, and receipt of written notice of subcontracting
opportunities.
c) Utilizing the services of available community organizations, contractor groups, local
assistance offices, the County, and other organizations that provide assistance in the
recruitment and placement of small businesses and M/WBEs.
2002 Boilerplt -Page 20
T)-2'1
E- Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this
Section shall be a material breach of contract for which the Agency may be subject to damages.
withholding of payment and any other sanctions provided for by contract and by applicable law.
F. Affidavits of Amounts Paid- Upon completion of all work and as a condition precedent to final
payment, the Agency shall submit a final Affidavit of Amounts Paid. identifying amounts actually
paid and amounts owed to each contractor or subcontractor fino for performance under the Contract.
Failure to submit such affidavits may result in withholding of payments or the final payment. The
County will provide affidavit forms-
G. Site Visits. The County may at any time visit the site of the work and the Agency's office to review
records related to actual utilization of and payments to contractors. The Agency shall maintain
sufficient records necessary to enable the County to review utilization of contractors- The Agency
shaliproYide assistance fequested by the County during such visits-
Projects using federal funds shall also comply with subsections H and I:
H. Federal ReQuirements. In soliciting subcontractors to supply goods or services for the actiyities
under this Contract, the Agency shall comply with 24 CPR Part 85-36(e) as amended if the Agency is
a municipal corporation or an agency of the State of Washington, and 24 CFR Part 84.44(b)(1)-(5) if
the Agency is a nonprofit corporation_In accordance with these regulations. the Agency shall take
all necessary affirmative steps to assure MlWBE's and labor surplus area finns are used as
subcontractors when possible- Affirmative steps shall include those actions specified above in this
Section of the Contract.
L Nondiscrimination in Federally Assisted Construction. The Agency shall also require compliance
with Executive Order 11246 as amended and 41 CPR Part 60 regarding nondiscrimination in bid
conditions for construction projects over $10,000.
17.
SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a
Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (including
any services not subject to this Contract) and has evaluated its services, programs and employment
practices for compliance with Section 504 of the Rehabilitation Act of 1973. as amended ("504") and the
Americans with Disabilities Act of 1990 ("ADA"). The Agency warrants and represents that it has
completed a 5O4/ADA Disability Assurance of Compliance-and shall submit it to the County. Such
Assurance of Compliance is attached to this Contract and is incorporated herein by this reference_I8.
18.
SUBCONTRACTS AND PURCHASES
A. Subcontract Defined. "Subcontract" shall mean any agreement between the Agency and a
subcontractor or between subcontractors that is based on t:1Ís Contract, provided that the term
"subcontract" does not include the purchase of (I) support services not related to the subject matter
of this Contract, or (2) supplies.
ß. Writing Required. Any work or services assigned or subcontracted hereunder shall be in writing.
The Agency agrecs that it is as fully responsible to the Counly for the acls and onússions of its
2002 Boilerplt -Page 21
~-~d
subcontractors and their employees and agents, as it is for the acts and omissions of its own
employees and agents, as defined in Part I, Section l3_c.
C. Required Contract Terms. The Agency shall include the applicable provisions of Part I, Sections 14,
15 A-G, 16 A-G and 11 in every subcontract or purchase order for goods or services which are paid
for in whole or in part with funds provided under this Contract.
Projects using federal funds must also comply with subsections 0, E, F, G and H:
D- Debarred Contractors. The Agency shall not make .any award at any time to any contractor, which is
debarred, suspended or excluded, from participation in federal assistance programs under Executive
Order 12549, "Debarment and Suspension".
E. Subcontracting RCQuirements. An Agency which receives federal funds under this Contract will also
include the following Sections in every subcontract or purchase order for goods and services which
are paid for in whole or in part with funds provided under this Contract: Part I, Sections 15 J, 16 H-
I, 19 Band 20(B)(3) and, if the subcontract is for construction, Part 2, Sections 10 and II.
F. Federal Procurement RCQuirements. If the Agency is a municipal corporation or an agency of the
State of Washington, it agrees to comply with procurement requirements specified in 24 CPR Part
85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement
requirements specified in 24 CPR Part 84,40 through ,48 or as otherwise proyided in the project
Scope. The regulations at 24 CPR Part 85.36 (b) through (g) and 24 CPR Part 84,40 through ,48,
require that all goods and services, irrespective of cost, be procured usi~g a competitiye process.
G- Federal Bid Guarantee and Bond Requirements. If the Agency is subcontracting construction work
under this Contract, the subcontract must require for construction contracts exceeding $100,000, (a) a
bid guarantee from each bidder equivalent to five percent (5%) of the bid pñce, (b) a performance
bond from the contractor for one hundred percent (100%) of the contract pñce, and (c) a payment
bond from the contractor for one hundred percent (100%) of the contract price. The Agency may, at
its discretion, require any of these requirements on construction contracts of less than $100,000- The
specific requirements for bid guarantees and bonds are at 24 CPR Part 84,48( c) for nonprofit
corporations and 24 CPR Part 85.36(h) for municipal corporations and agencies of the State of
Washington.
H. Failure to Complv is Default. Failure by the Agency to require compliance with the above tenns and
conditions in subcontracts shall constitute a breach of this Contract.
19. CONFLICT OF INTEREST
A. King County Code Incorporated Herein. King County Code Chapter 3-04 on Employee Code of
Ethics is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all
conditions of said chapter. Failure by the Agency to comply with any requirement of said King
County Code Chapter shall be a material breach of contract. This section shall not apply to an
agency that is a municipal corporation which has adopted an employee code of ethics, or to state
agencies.
ß. Agencv Covenants. The Agency covenants that no officer, employee, consultant, elected or
appointed official, or agent of the Agency who exercises any functions or responsibilities in
connection with the activities funded in wholc or in part under this Contract. herein. or any olhel
2002 Boilerplt -Page 22
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person who presently exercises any functions or responsibilities in connection with the activities
funded herein shall have any personal financial interest, direct or indirect, in this Contract. The
Agency shall take appropriate steps to assure compliance with this provision-
C. Non Disclosure is Grounds For Termination. If the Agency violates the above provisions or does not
disclose other interests required to be disclosed pursuant to King County Code Chapter 3.04, or if the
Agency is a municipal cOlporation which has adopted an employee code of ethics, and violates the
adopted employee code of ethics, the County will not be liable for payment of services rendered
pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this
Contract and grounds for termination pursuant to Part I, Section 11, as well as any other right or
remedy provided in this Contract or law.
20.
POLITICAL ACTIVITY PROHIBITED
A- No Partisan Activity- None of the funds, materials, property, or services provided directly or
indirectly under this Contract shall be used for any partisan political activity or to further the election
or defeat of any candidate for public office.
All,Projects using federal funds shan also comply with the following subsection:
B. Certification Regarding Lobbying. The Agency certifies, to the best of its knowledge and belief, that:
1.
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the Agency shall
'complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance
with its instructions.
3.
The Agency shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose
accordingly-
4.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification IS a prerequisite for
making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file
the required certi!lcation shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2002 Boilerplt -Page 23
I':J.- 2. Y )
21.
EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. EQuipment over $1000- The Agency agrees that any equipment purchases, in whole or in part, with
Contract funds at a cost of $1,000 per item or more, when the purchase of such equipment is
reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County
and/or federal/state government.
B. Maintenance of EQuipment. The Agency shall be responsible for all such property, including the
proper care and maintenance of the equipment.
C. EQuipment Returned- The Agency will ensure that all such equipment will be returned to the County
or federal/state government upon terI1Únation of this Contract unless othelWise agreed upon by the
parties.
D. Right of Access. The Agency will admit the County's Property Management Officer to the Agency's
premises for the purpose of marking such property with County property tags.
E. Maintenance of Records. The Agency shall establish and maintain inventory records and transaction
documents (purchase requisiti°!ls, packing slips, invoices, receipts) of equipment purchased with
çontract funds.
Projects using federal funds shall also comply with the following subsection:
F. Disposition of EQuipment. If the Agency ceases to use equipment purchased in whole or in part with
CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of such
equipment, the disposition shall be deterI1Úned under the provisions of 24 CFR,
Part 510.502(b)(3)(vi), if the Agency is a nonprofit corporation and 24 CFR Part 510-502(a) and 24
CFR Part 85.32(e) if the Agency is a municipal corporation or an agency of the State of Washington.
The Agency agrees that it will contact the County for instructions prior to disposing of, surplusing,
encumbering or transferring ownership of any equipment purchased in whole or in part with federal
funds.
22.
NOTICES
Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in
writing; and Directed to the Chief Executive Officer of the Agency and the Director of the County
Department of Corpmunity and Human Services- Any time within which a party must take some action
shall be computed from the date that the notice is received by said party-
23.
PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the Agency. The Agency agrees to and does hereby grant to the County,
irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and
use any method that may be developed as part of the work under this Contract. The foregoing license
shall not apply to existing training materials, consulting aids, checklists, and other materials and
documents of the Agency which are modified for use in the performance of this Contract.
2002 Boilerpll -Page 24
1)'25
24.
CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are mutually agreed upon,
shall be incorporated by written amendments to this Contract. Budget revisions approved by the County
pursuant to Part I, Section 4 are not required to be incorporated by written amendment.
25.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied documents related
to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each
document printed on recycled paper bears an imprint identifying it as recycled paper.
If the cost of recycled paper is more than fifteen percent (15%) higher than the cost of non-recycled
paper, the Agency may notify the County which may waive the recycled paper requirement. The Agency
shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products
wherever practical at the fulfillment of this Contract.
26.
ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the 'complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein are excluded. Both parties recognize that time
is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be
deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Contract
shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Contract unless stated to be such through written approval by the
County, which shall be attached to the original Contract-
27.
MISCELLANEOUS PROVISIONS
A. Severability. If any term or provision of this Contract or an application of any term or provision to
any person or circumstance is invalid or unenforceable, the other terms or proyisions of this Contract,
or the application of the term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected and will continue in full force.
B. Cumulative Remedies- No provision of this Contract precludes the County from pursuing any other
remedies for the Agency's failure to perform its obligation" .
C. No Third Party Beneficiary. This Contract is for the benefit of the named parties only and no third
party shall have any rights thereunder.
28.
SUPPLANTING
A. Nonprofit Corooration. If the Agency is a nonprofit corporation providing public (human) services
under this Contract with CDBG and/or ESG funds and the Agency received non-federal funds from
King County ("local funds") to provide the same services as those funded herein between January I
and December 31, 2001, the Agency must use the funds provided herein to pay for units of service
over and above those provided with local funds in 2001.
2002 Boilerplt -Page 25
\)-7:~
B- Municipal Corporation- If the Agency is a municipal corporation, any federal CDBG Funds made
available under this Contract to provide public (human) services shall not be utilized by the Agency
to reduce or replace the local financial support currently being provided to public (human) service
programs.
29.
ATTORNEYS FEES AND COSTS
If, by reason of any default or breach on the part of either party in the performance of any of the
provisions of this Contract, a legal action is instituted, the losing party agrees to pay all reasonable costs
and attorney's fees in connection therewith- It is agreed that the venue of any legal action brought under
the tenns of this Contract shall be in the county in which the real property owned or leased by the
Agency assisted under this Contract (Premises) are situated.
30.
DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL
REQUIREMENTS
A. Drug-Free Workplace Certification- The Agency certifies that it is in compliance with the Drug-Free
Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 CFR part 24, subpart F.
B. Other Federal ReQuirements- The absence of mention in this Contract of any other federal.
requirements which apply to the award and expenditure of the federal funds made available by this
Contract is not intended to indicate that those federal requirements are not applicable to Agency
activities. The Agency shall comply with all other federal requirements relating to the expenditure of
federal funds, including but not limited to: the Hatch Act (5 U_S_C Chapter 15) regarding political
activities.
31.
CONSTITUTIONAL PROHIBITION
A. Funds not Used for Religious Purposes. In accordance with the First Amendment of the United
States Constitution, Article I, Section 11 of the Washington State Constitution, and separation of
church and state principles, as a general rule, funds received under this Contract may not be used for
religious activities or provided to primarily religious entities for any activities, including secular
actiyities. The following restrictions and limitations apply to the use of CDBG, HOME and ESG
funds:
1.
CDBG funds may not be used for public services provided by an Agency or a subcontractor that
is a primarily religious entity unless the Agency certifies that it will not discriminate or conduct
religious activities pursuant to 24 CFR Part 570.200 0)(3)-
2.
ESG funds may not be used for public services provided by an Agency or a subcontractor that is
a primarily religious entity unless the Agency certifies that it will not discriminate or conduct
religious activities pursuant to 24 CFR Part 576.23(a)-
3.
CDBG, HOME and ESG funds may not be used to rehabilitate or construct facilities and.
housing owned by primarily religious organizations or to assist primarily religious organizations
in acquiring housing as set forth in 24 CFR 570.200(j)(1) and 24 CFR part 576.23(b).
Completed facilities and housing project must be used exclusively by the owner entity for
secular purposes, available to all persons regardless of religion. In addition, there shall be no
religious or membership criteria for tenants of the property.
2002 Boilerplt -Page 26
Ì)-Ll
PART 2. ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS
The provisions of this Part 2 are applicable to Scope(s), which provide funding for Capital Projects. For
Scope(s) which provide funding for the construction or reconstruction of public infrastructure, the only
provisions of Part 2 that apply are: Sections 5. 6, 8-A, 9, 10 and II.
1.
TERM OF COMPLIANCE
The Agency shall comply with the terms and conditions set forth in this Contract and the appropriate
project Scope(s) attached hereto until the Tennination Date as specified in each Scope of Services-
2.
PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Agency agrees that funding provided under this Contract for the acquisition, improyement and or
rehabilitation of real property owned by the Agency is a loan from the County to the Agency. The
Agency agrees to promptly execute a pronñssory note, deed of trust and covenant. in a format approved
by the County, if required in a project Scope- The Agency agrees that for real property, which is leased
by the Agency and assisted under this Contract, the Agency shall obtain a coyenant from the owner of the
reall'roperty in a form approved by the County, ifrequired in a project Scope. .
3.
PROPERTY MANAGEMENT
A. The Agency shall engage in sound property and program management practices and at all times
operate and maintain the Prenñses in a manner which fully complies with all applicable federal, state,
and local laws, statutes, rules and regulations covering health and safety issues in order to provide
decent, safe and sanitary housing, as now in effect or as may be hereafter amended- The Agency
specifically agrees to comply and pay all costs associated with achieving such compliance without
any notice of requirement or requirements from the County, and that the County does not waive this
Section by giving notice of demand for compliance in any instance.
B. The Agency shall throughout the term of this Contract, without cost or expense to the County, keep
and maintain the Prenñses and all improyements, landscaping, fixtures and equipment which may
now or hereafter exist thereon, in a neat. clean and sanitary condition. and shall, except for
reasonable wear and tear, at all times preserve the Prenñses in good and safe repair.
C. If, after thirty (30) days notice from the County, the Agency fails to maintain or repair any part of
the Prenñses or any improvement, landscaping, fixtures or equipment thereon, the County may, but
shall not be obligated to, enter upon Prenñses and perfonn such maintenance or repair and the
Agency agrees to pay the costs thereof to the County upon receipt of a written demand.
4.
TAXES AND LICENSES
The Agency shall pay throughout the tenD of this Contract, all applicable taxes. and all licenses and
excise fees covering the ow'nership and operations of the Prenñses.
2002 Boilerplt -Page 27
~-7-8
5.
PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNA TION
A. In the event that all or any portion of the Premises is taken or conveyed as a result of any
condemnation proceeding or damaged as a result of any casualty, the County and the Agency agree
that the proceeds of any condemnation or casualty affecting the Premises shall be made available for
the repair or restoration of the real property if the County and the Agency in their reasonable
judgment agree that: (a) repair or restoration of the real property is feasible and thai sufficient funds
are available to complete such work; (b) after the completion of work, the real property can be
feasibly operated within the restrictions and requirements of the project Scope; and (c) more than two
years remain after the completion of the work until the end of this Contract.
B. The County and the Agency shall meet as necessary to discuss in good faith the rebuilding or repair
of the real property and reach a decision with respect thereto within sixty (60) days after the
occurrence of the casualty or condemnation- If the parties cannot in good faith agree to repair or
restore the real property as provided above, then .any proceeds of the casualty or condemnation,
within sixty (60) days of demand, shall be paid first to satisfy the County's lien- The balance of the
proceeds shall be paid to the Agency- .
6.
ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
A- The Agency shall at all times comply with all applicable federal, state, and local laws, statutes, rules
and regulatiOl!s relating to relocation of those persons and households residing at the Premises prior
to occupancy by Tenants. The Agency shall be solely responsible for the cost of all relocation
benefits required by law.
Capital Projects using federal funds shall also comply with the following subsection:
B. Federal AcQuisition and Relocation ReQuirements- hnplementation of any project provided for in .
this Contract will be undertaken so as to minimize involuntary displacement of persons, businesses,
nonprofit organizátions, or farms to the greatest extent feasible- The Agency shall comply with the
following:
1.
Any acquisition of real property by the agency for any activity assisted under this Contract shall
comply with the Uniform Relocation Act and 49 CPR Part 24.
2.
Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the
result of acquisition of real property assisted under this Contract shall comply with the Uniform
Relocation Act, at 24 CPR Part 42 and 49 CPR Part 24 as amended, and the County's Resi-
dential Anti-displacement and Relocation Assistance Plan required by federal regulations at 24
CPR Part 570.606( c), and adopted by the County Council as part of the HCD Plan. The Agency
shall comply with the Regulations pertaining to costs of relocation and written policies, as
specified by the King County Residential Anti-displacement and Relocation Assistance Plan.
3.
When any lower-income dwelling units are demolished or converted to a use other than a
lower-income dwelling unit. in connection with an activity assisted under this Contract with
federal funds, the units must be replaced on a one-for-one basis. Lower-income dwelling units
are defined as a dwelling unit with a market rent (including utility costs) that does not exceed
the applicable Fair Market Rent (FMR) for existing housing as established by HUD and
published annually, pursuant to 24 CFR Part 888. The Agency must comply with the one-for-
2002 Boilerplt -Page 28
\")-21
one replacement of housing requirements of Section 104(d) of the HCD Act. as amended. The
implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR Part
570.606.
7.
AFFIRMATIVE MARKETING
A. Federal Marketing Requirements. Each Agency must adopt affirmative marketing procedures and
requirements for projects containing 5 or more housing units funded with CDBG and/or HOME
funds. Affinnative marketing steps consist of actions to provide information and otherwise attract
eligible persons from all racial, ethnic, and gender groups in the housing-market area to the available
housing- (The affirmative marketing procedures do not apply to families with housing assistance
provided by the Public Housing Authority or families with tenant based rental assistance provided
with HOME funds.) - The County will annually assess the Agency's affirmative marketing program to
detennine the success of affinnative marketing actions and any necessary corrective actions.
B. The affinnatiye marketing requirements and procedures adopted must include:
I. Methods for infonning the public, owners, and potential tenants about federal fair housing laws
and the use of the Equal Housing Opportunity logotype or slogan in press releases and solici-
tations for owners, and written communication to fair housing and other groups;
2- Requirements and practices the Agency must adhere to in order to cany out the participating
jurisdiction's affirmative marketing procedures and requirement (e.g., use of conunercial media,
use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and
display of fair housing poster);
3. Procedures to be used by the Agency to infonn and solicit applications from persons in the
housing market area who are not likely to apply for the housing without special outreach (e-g.,
use of community organizations, places of worship, employment centers, fair housing groups, or
housing counseling agencies);
4. Records must be kept describing actions taken by the Agency to affirmatiyely market units and
records to assess the result as of these actions; and
5- A description of how the Agency will assess the success of affirmative marketing actions and
what corrective actions will be taken where affirmative marketing requirements are not met.
8.
ENVIRONMENTAL REVIEW
A- Hazardous Substances. The Agency shall not, without first obtaining the County's prior written ap-
proval, generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any
hazardous substances, sewage, petroleum products, radioactive substances, medicinal,
bacteriological, or disease-producing substances, hazardous materials, toxic substances or any
pollutants, or substances defined as hazardous or toxic in accordance with applicable federal, state,
and local laws and regulations in any reportable quantities ("Hazardous Substances") in or about the
Premises except for commercial cleaning supplies which shall be handled in accordance with all
applicable federal, state, and local laws and regulations. In the event, and only in the event, the
County approves such Release of Hazardous Substances on the Premises, the Agency agrees that
2002 Boilerplt -Page 29
~'~'J()
such Release shall occur safely and in compliance with all applicable federal, state, and local laws
and regulations.
The Agency shall indemnify, hold harmless, and defend the County from any and all claims,
liabilities, losses, damages, clean up costs, response costs, and expenses, including reasonable
attorney's fees añsing out of or in any way related to any Release by the Agency, or any of its agents,
representatives, or employees, or the presence of such Hazardous Substances in, on or about the
Premises occurñngat any time after the conunencement date of this Contract-
Capital Projects using federal funds shall also comply with subsections B, C and D:
B. National Environmental Policy Act. The County retains environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act as implemented by
HUD Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authoñties
identified therein. The Agency shall be solely responsible for the cost of compliance with all such
Federal laws and authoñties including the cost of prepañng plans, studies, reports and the publication
of notices that may be required.
C National Flood Insurance- The use of CDBG and HOME funds for acquisition or construction
'Purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of
flood insurance as required by Section 1O2(a) of the Flood Disaster Protection Act of 1973 (Pub L.
93-237).
D. Lead Based Paint. The Agency shall comply with the Lead-Based Paint Poisoning Prevention Act
(42 USC 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC
4851-4856), and implementing regulations at 24 CFR Part 35, subparts A, B, J, K, and R- Generally,
these laws prohibit the use of lead,based paint (whenever funds under this Contract are used directly
or indirectly for construction, rehabilitation, or modernization of residential structures); require
elimination of immediate lead-based paint hazards in residential structures; and require notification
of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures
constructed pñor to 1978.
9.
ACCESSIBILITY
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this
Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 U_S.C 4151-
4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part
40 for residential structures, and Appendix A 10 41 CFR Parts 101-19 and subpart 101-19.6 for general
type building). When applicable, certain multifamily housing units designed and constructed for first
occupancy after March 13, 1991, with assistance provided under this Contract must comply with the Fair
Housing Accessibility Guidelines, 24 CFR Part 100 as amended.
2002 Boîlerplt -Page 30
D~\
10.
LABOR STANDARDS
For projects using HOF funds, Agencies shall comply with the following:
A. State Prevailing Wages- Unless projects have federal funds, all construction work must be paid at the
state prevailing wage levels.
For projects using CDBG and/or HOME funds, Agencies shall comply with subsections Band C:
B. Davis-Bacon Requirements. All construction work funded in whole or in part under this Contract
must be performed in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-
276(a)(5)), the Copeland "Anti-Kickback" Act, as amended (40 U-S-Co 276(c») and the Contract
Work Hours and Safety Standards Act (40 U.S.c. 327 et seq-) as further prescribed at 29 CPR Parts
1,3,5,6 and 7-
For projects assisted with CDBG funds, this section shall not apply to rehabilitation of residential
property designed for residential use by less than eight units- For projects assisted with HOME.
funds, this Section shall not apply to rehabilitation of rental property consisting of less than twelve
units. A copy of the current Davis-Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over $2,000-
C. Use of Volunteers: The Agency shall obtain the written approval of the County prior to allowing any
yolunteers to perform construction work on a project assisted under this Contract.
11.
EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
Capital Projects using federal funds shall comply with. subsections A and B:
A. Section 3 ReQuirements. The work to be performed under this contract may be subject to the
requirements of section 3 of the Housing and Urban Deyelopment Act of 1968, as amended, 12
U_S.c. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to
the greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housi.lg.
B. Section 3 Criteria for Capital Projects. As set forth in the HCD Plan, Section 3 regulations found at
24 CFR Part 135.38 apply to all Scopes which meet all three of the following criteria:
I. The Scope must include $200,000 or more in total HOD funds from one or more program years;
and
2. The Scope must include construction or rehabilitation work as a task that will be funded in full or
in part with the HUD funds; and
3. The construction or rehabilitation work that will be funded must have a contract value, which
exceeds $100,000- That actual contract value of construction or rehabilitation work is the
determining factor. not a cost estimate.
2002 Boilerplt -Page 31
l)-3d
Additionally, Section 3 regulations are applicable to project Scope(s), which do not initially meet the
above criteria but which are amended so as to add funds or change the activities for which the funds
are used- Section 3 regulations do not apply to projects which include $200,000 or more in HOD
funds when the funds are being used for acquisition and/or professional services only and not for
construction or rehabilitation work.
12.
NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No agency, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or
sponsor) whether private, for profit or nonprofit (including a corrununity housing development
organization (CHDO) when acting as an owner, developer or sponsor) may occupy a COBG, HOME,
HOF or CX-assisted affordable housing unit in a project. This provision does not apply to an owner-
occupant of single family housing or to an employee or agent of the owner or developer of a rental
housing projeCt who occupies a COBG, HOME, HOF or CX-assisted unit as the project manager or
maintenance worker-
2002 Boilerplt -Page 32
D-~J
Authorized Sit!natures for Invoices
Submitted to Kint! County Community Services Division
I authorize the following individual(s) to sign inyoices on behalf of:
Agency Name
For the following contract(s):
Contract Numbe s: (list all contract numbers that a ly)
Authorizing
Signature:
(must be signed by
person who signs the
contract, generally,
Executive Director)
(Printed Name)
(Title)
(Signature)
(Date)
Additional Authorized
Signature:
(Printed Name)
(Title)
(Signature)
(Date)
Additiottal Authorized
Signature:
(Printed Name)
(Title)
(Signature)
(Date)
Note: It is the responsibility of the col/tractor to'ittforlll Kittg Couttty if they wish to add or delete ttallles
from this list.
1) '7lf '
PROJECT SCOPE OF SERVICES NO.1
Project No_: C02375 Start Date: 1/1/2002
Project Title: Federal Way CDBG Program Administration End Date: 12/31/02
Contract No_: D31338D Termination Date: 12131/02
Project Manager: Joshua Goldfinger
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kelli.odonnell(Q}ci.federal-way.wa_us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County
Community Development Block Grant funds to perform the actiyities specified below- Such
services shall be provided in a manner which fully co~plies with all applicable federal, state and
local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
1) Project Summary
The City shall use CDBG funds to plan and administer the City's CDBG projects in accordance
with the CDBG ICA.
2) Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item
Budget below: .
A. County Fuuds
King County Community Development $66,056.00
Block Grant - Pass-through City Funds
Total County Funds: $66,056.00
B. Line Item Budget
Personnel Services (detail below) $62,206.00
Office or Operating Supplies $525.00
Consultant or Purchased Services $0
Communications $1,300.00
Trayel and Training $2,025_00
Other (specify below): $0 .
Total County Funds: $66,056.00
Project Scope of Services No. I - Page I
0-35
C. Personnel Detail
Position Title Position Annual Salary CDBG Funds
Full Time and Benefits
EQuivalent
CDBG Coordinator I FIE $59,706.00 $59,706.00
Administratiye Assistant .55 FIE $23,970.00 $2,500.00
Total: $83,676.00 $62,206.00
3) Project Requirements
The City agrees to perform the following services:
a) meet :with HCD staff in the first quarter of 2002 for training on the HCD Plan's citizen
participation requirements, assessing projects for eligibility and other subjects of interest
identified by City staff;
b) participate in or assist in conducting at least one ofthe following CDBG Consortium
meetings or workshops:
Regional Community Facility Preapplication Workshop
public meeting on Consolidated Annual Performance Eyaluation Report
working group to prepare recommendations for allocating Consortium-wide Program Income
HOME Working Group
working group to monitor the performance of the Housing Stability Project and make
recommendations for future years
working group to proyide input on the Consortium's Fair Housing Action Plan
working group to provide input on the Safe Harbors data system; or
working group to deyelop guidelines for and to rank McKinney homeless funding
applications.
c) review proposed Interlocal Cooperation Agreements (ICAs) for 2003-2005 for the King
County CDBG Consortium and King County HOME Consortium; submit executed ICAs to the
County in a timely fashion;
d) submit completed Pass-through City Certification Form for 2003 to the County by April 30,
2002;
e) Publicize and conduct a public meeting prior to City Council action approving allocation of
CDBG funds to projects. The City shall publish a public notice to advertise the meeting in a
newspaper of general circulation at least two weeks prior to the public meeting. The notice shall
include a brief description ofthc projects proposed for funding, information on where citizens
may obtain detailed information about the proposed projects and information indicating that
citizens may comment on or ask questions about the proposed projects at the public meeting.
Project Scope of Services No. I - Page 2
ìY-31O
The public meeting shall include an opportunity for citizens to comment on and ask questions
about the projects the City proposes to fund-
The City shall provide copies of the following documents to the County after the public meeting:
public notice and affidavit ofpublication;
public meeting agenda and commission, committee or staff report, if any;
minutes documenting Council action;
written comments submitted by citizens at the meeting;
summary of comments made orally by citizens at the meeting, if any; and
documentation showing that the City considered comments (such as correspondence or
minutes).
f) notify the County of minor changes, amendments and substantial changes to City funded
projects listed in the Consortium's 2002 Action Plan and, if applicable Action Plans from
prior years. Minor changes, amendments and substantial changes are defined in the HCb
Plan.
The City shall notify the County in writing of minor changes at least 14 days prior to
'implementation. Minor changes that require further enyirorunental review or compliance
with other regulations such as the URA, may not be implemented prior to the County
confirming that applicable regulatory requirements have been met
The City shall notify the County of amendments and substantial changes prior to publishing a
public notice in a newspaper of general circulation indicating the change and any proposed
'new' use offunds. The public notice for amendments shall be published at least 14 days
prior to Council action. The public notice for substantial changes shall be published at least
30 days prior to Council.action- The City shall provide copies of the following documents to
the .county after Council approval of each amendment and substantial change:
public notice and affidayit of publication;
staff report, if any, and Council meeting minutes approving the amendment or substantial
change;
written comments submitted by citizens regarding amendments and substantial changes, if
any;
a summary of comments made orally by citizens regarding amendments and substantial
changes at meetings, if any; and
documentation showing that the City considered comments (such as correspondence or
minutes).
g) provide infom1ation to interested citizens, organizations and public. officials regarding the
City's CDßG funded activities and the City's process and criteria for awarding CDßG funds;
h) respond to comments and questions regarding projects assisted with the City's CDßG funds
and provide copies 10 thc County;
Project Scope ofScrvices No. I - Pagc 3
\~jl
i) provide technical assistance to nonprofit organizations and other agencies proposing projects
for City CDBG funding prior to Council approval in order to ensure that proposals comply
with CDBG Program Regulations and are consistent with the HCD Plan;
j) submit completed Summary Sheet and project applications, in formats approyed by the
County, by September 24, 2002- Project applications shall be accompanied by records
required to document compliance with CDBG Program Regulations and Consolidated Plan
policies applicable to each project Such records include, but are not limited to, those
required by 24 CFR Part 570.208 to document the national objective for each project; and
k) if the City allocates CDBG funds for Service Projects that are subcontracted to nonprofit
organizations, the City shall monitor performance under each such subcontract at least once
eyery two years and prepare a written monitoring report in a format approYed by the County-
The City shall submit a copy of each monitoring report to the County. Such monitoring shall
include at a minimum reyiewing Implementing Agency records to ensure compliance with
the subcontract provisions required under Part I, Section 18 and the record keeping
provisions required under section 4 of each Service Project Scope.
4) Records
The City shall maintain files for this project containing the following items:
L Motions, resolutions, and minutes documenting City Council actions relating to the City's
CDBG Pass-through funds-
2. Correspondence regarding budget revision requests. .
3. Copies of all inyoices and reports submitted to the County for this project
4. Bills for payment.
5. Copies of approved invoices and warrants.
6- Records documenting that costs reimbursed with funding provided under this Scope are
allowable in accordance with OMB Circular A-87. Such records include, but are not
limited to:
for persOlmei costs, payroll time sheets for actual salary and fringe benefit costs.
Time sheets must be signed by a supervisor and annotated to document percent of
time charged against this project if less than full time;
for staff trayel, documentation of mileage charges for private auto use must include:
a) odometer reading at begilming and end of trip, b) destination and staliing location,
and c) purpose of trip; and
Project Scope of Services No. I - Page 4
b-?JB,
for copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no invoice is available, log sheets or annotated
inyoices.
7. Documentation of the solicitation process used to select vendors and subcontractors with
original purchase orders and subcontracts.
8- Documentation required by this Contract if any funds proyided under this Scope are used
to acquire equipment.
5) Invoices aud Reports
The City shall submit inyoices to the County within 20 business days after the end of the first,
second and third quarters. The City shall submit its final invoice to the County in accordance
with Part I, Section 3c. The City shall submit invoices to the County in the form of a CDBG
Program Voucher Reimbursement Request Form which will be provided by the County.
Such forms shall be signed by an authorized representatiye of the City.
The'City shall submit with each inyoice.a completed Program Accomplishment Form-
Project Scope of Services No. I - Page 5
\)-31
PROJECT SCOPE OF SERVICES NO.2
Project No_: C02389 Start Date: 1/1/2002
Project Title: Federal Way Domestic Violence Victim Advocate End Date: 12/31/02
Contract No.: D3l339D Termination Date: 12/31/02
Project Manager: Joshua Goldfinger
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kelli.odonnell@ci_federal-way_wa_us
City of Federal Way (hereinafter referred to as "the Agency") shall utilize King County
Community Deyelopment Block Grant funds to perform the activities specified below- Such
services shall be proyided in a manner which fully complies with all applicable federal, state and
local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
1) Project Summary
The Agency shall use CDBG funds to proyide 1,186 hours of advocacy and 54 referrals to shelter
for 384 unduplicated persons- CDBG-funded support will include personnel services (0.5 FTE)
and associated purchased services to support a part-time legal adyocate serving yictims of
domestic yiolence within the city of Federal Way- The adyocate serves as a yictim's guide
through the legal system- The goals of the program are to aid in safety planning for victims,
collect information relevant to the persecution of defendant batterers, and direct victims to other
service agencies for needed assistance.
2) Project Budget
The Agency shall apply the following County funds to the project in accordance with the Line
Item Budget Summary below:
A. County Funds
King County Community Development $25,742.00
Block Grant - Pass-through City Funds
Total County Funds: $25,742.00
B. Line Item Bud2et
Personnel Services (detail below) $25,242.00
Office or Operating Supplies $
Consultant or Purchased Services $500.00
Construction Contracts $
Communications $
Travel and Training $
Other (specify below): $
Total Couuty Funds: $25,74200
Project Scope of Services No.2 - Page 1
1')-40
~
C. Personnel Detail
Position Title Position Annual Salary CDBG Funds
Full Time and Benefits
Equivalent
DV Advocate .51 FfE $25,242.00 $25,242_00
Total: $25,242.00 $25,242.00
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
1" 2"' 3" 4'"
Quarter Quarter Quarter Quarter Total in
JAN_- APRIL- JULY- OCT.- Year 2002
MARCH JUNE SEPT. DEe.
No: of un duplicated persons assisted 96 96 96 96 384
B. Units of Service
The Agency agrees to proyide, at minimum, the following units of service by quarter:
1" 2"' 3" 4'"
Quarter Quarter Quarter Quarter Total in
JAN_- APRIL- JULY- OCT.- Year 2002
MARCH JUNE SEPT. DEe.
Hours of advocacy 297 297 296 296 1,186
Referrals to shelter 14 14 13 13 54
C. Definition of Services
Hours of adyocacy: Represents hours of service giyen to clients.
Referrals to shelter: When appropriate, an advocate will arrange for a client to enter a domestic
violence shelter.
Project Scope of Services No.2 - Pagc 2
í)-'i'!
4) Records
A. Project Files
The Agency shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget reyision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approyed invoices and warrants.
8. Records documenting that costs reimbursed with funding proyided under this Scope are
allowable in accordance with OMB Circular A-8? for local governments and A-122 for
nonprofit organizations. Such records include, but are not limited to:
for personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time charged
against this project if less than full time;
for staff travel, documentation of mileage charges for private auto use must include: a)
odometer reading at beginning and end of trip, b) destination and starting location, and c)
purpose of trip; and
for copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no inyoice is ayailable, log sheets or annotated invoices-
9. Documentation of the solicitation process used to select yendors and subcontractors with
original purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used
to acquire equipment.
II. The Agency shall ensure that services proyided with funding under this Contract are made
ayailable to residents of the following jurisdictions that are participating in the King County
CDBG Consortium:
Algona Duvall Maple Valley Shoreline
Beaux Arts Enumclaw Mercer Island Skykomish
Black Diamond Federal Way Newcastle Snoqualrnie
Bothell Hunts Point North Bend Tukwila
Burien Issaquah Pacific Woodinville
Carnation Kenmore Redmond Ycrrow Point
Clyde Hill Kent Renton Unincorporated King County
Covington Kirkland Sammamish
Des Moincs Lake Forcst Park SeaTac
Services provided with funding under this Contract may be limited to residents of one or more
of the above-referenccd jurisdictions.
Project Scope of Services No.2 - Page]
\')-1.12-
5) Invoices
The Agency shall submit inyoices to the County within 20 business days after the end of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part I, Section 3C. The Agency shall submit inyoices to the County in the form ofa CDBG
Program Voucher Reimbursement Request Form which will be provided by the County.
Such forms shall be signed by an authorized representative of the Agency.
6) Reports
The Agency shall collect and report client information to the County quarterly and annually on a
Program Accomplishment form, in a format provided by the County.
The Agency shall submit with the final inyoice a Project Funding Report form, in a format
provided by the County, itemizing all funding used for the project.
7) Subcontracted Services
The Agency shall execute written agreements with each agency with which it subcontracts to
provide services (hereinafter "Implementing Agency") and shall incorporate into such
subcontracts all applicable proYisions of this Contract.
The Agency shall inyoice the County for due and payable inyoices of the Implementing Agency
or for costs paid by the Agency for goods, materials or services already proyided. The Agency
shall invoice the County after the Implementing Agency has inyoiced the Agency. The Agency
shall include a copy of the Implementing Agency's inyoice with the invoice submitted to the
County. The Agency shall ensure that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with OMB Circular A-122 for an Implementing
Agency that is a nonprofit corporation or OMB Circular A-87 for an Implementing Agency that
is a municipal corporation or an agency ofthe State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-B3
(Audits of States, Local Governments, and Nonprofit Organizations)- The Agency shall reyiew
audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and
ensure that any audit findings are resolyed within six months of the date of the audit report.
Project Scope of Services No.2 - Page 4
~--YJ
PROJECT SCOPE OF SERVICES NO.3
Pro.ect No.: C02393
Pro.ect Title: Federa1 Way CHCKC Dental Su port
Contract No.: D31340D
Pro.ect Mana er: Joshua Goldfin er
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kelli.odonnell
Start Date: 11112002
End Date: 12/31/02
Tennination Date: 12/31/02
ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the Agency") shall utilize King County
Community Development Block Grant funds to perfonn the activities specified below. Such
services shall be proyided in a manner which fully complies with all applicable federal, state and
local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
1) Project Summary
The,Agency shall use CDBG funds to proyide 112 dental yisits for 52 unduplicated persons
through a subcontract with Community Health Centers of King County (CHCKC).
2) Project Budget
The Agency shall apply the following County funds to the project in accordance with the Line
Item Budget Summary below:
A. County Funds
King County Community Development $10,282.00
Block Grant - Pass-through City Funds
Total County Funds: $10,282.00
B. Line Item Budget
Personnel Services (detail below) $
Office or Operating Supplies $
Consultant or Purchased Services $10,282.00
Construction Contracts $
Communications $
Travel and Training $
Other (specify below): $
Total County Funds: $10,282.00
Project Scope of Services No.3 - Page I
ù-~ Lf I
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
1" 2"d 3'd 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- ocr.- Year 2002
MARCH JUNE SEPT. DEe.
No- of un duplicated oersons assisted 21 16 10 5 52
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
I" 2"d 3'd 4'"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- ocr.- Year 2002
MARCH JUNE SEPT. DEe.
Dental visits to Federal Way clients 28 28 28 28 112
C. Definition of Services
Dental Visits: Dental visits provided to indiyiduals liYing in Federal Way-
4) Records
A. Project Files
The Agency shall maintain files for this project containing the following items:
I. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies ofapproyed invoices and warrants.
8. Records documenting that costs reimbursed with funding proYided under this Scope are
allowable in accordance with OMB Circular A-87 for local governments and A-122 for
nonprofit organizations. Such records include, but are not limited to:
for personnel cosls, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of lime charged
against this project if less than full time;
Project Scope of Services No.3 - Page 2
CJY5
for staff travel, documentation of mileage charges for priyate auto use must include: a)
odometer reading at beginning and end of trip, b) destination and starting location, and c)
purpose of trip; and
for copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no inyoice is available, log sheets or annotated invoices.
9- Documentation of the solicitation process used to select vendors and subcontractors with
original purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used
to acquire equipment.
II. The Agency shall ensure that services proyided with funding under this Contract are made
ayailable to residents of the following jurisdictions that are participating in the King County
CDBG Consortium:
Algona Duvall Maple Valley Shoreline
Beaux Arts Enumclaw Mercer Island Skykomish
Black Diamond Federal Way Newcastle Snoqualmie
Bothell Hunts Point North Bend Tukwila
, Burien Issaquah Pacific Woodinville
Carnation Kenmore Redmond Yarrow Point
Clyde Hill Kent Renton Unincorporated King County
Covington Kirkland Sammamish
Des Moines Lake Forest Park SeaTac
Services provided with funding under this Contract may be limited to residents of one or more
of the aboye-referenced jurisdictions.
12. Documentation of client income.
The Agency shall screen all clients served with funds provided under this Contract and
maintain records documenting that at least 51 % of the total number of clients served do not
haye a gross annual family income in excess of the limits specified in the below Income
Guidelines for Moderate Income Households (80% and below of median) with the applicable
number of Persons Per Household.
Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to
determine persons' or households' income. The following methods may be used to determine
income eligibility:
IRS income tax return;
Client income certification on a form approved by the County; or
Documentation of qualification for participation in a "means-tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
Project Scope of Services No.3. Page 3
LYY[,I
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of median)
Low Income $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
(below 50% of median)
Extremely Low Income $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
(below 30% of median)
Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated
Income Guidelines which will be proyided by the County.
5) Invoices
The Agency shall submit inyoices to the County within 20 business days after the end of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part I, Section 3c. The Agency shall submit inyoices to the County in the form ofa CDBG
Program Voucher Reimbursement Request Form which will be proyided by the County.
Such forms shall be signed by an authorized representative of the Agency.
6) Reports
The Agency shall collect and report client information to the County quarterly and annually on a
Program Accomplishment form, in a format provided by the County.
The Agency shall submit with the final inyoice a Project Funding Report form, in a format
provided by the County, itemizing all funding used for the project.
7) Subcontracted Seryices
The Agency shall execute written agreements with each agency with which it subcontracts to
provide services (hereinafter "Implementing Agency") and shall incorporate into such
subcontracts all applicable proyisions of this Contract.
The Agency shall invoice the County for due and payable invoices of the Implementing Agency
or for costs paid by Ihe Agency for goods, materials or services already provided. The Agency
shall invoice the County after the Implementing Agency has invoiced the Agency. The Agency
shall include a copy of the Implementing Agency's invoice with the inyoice submitted to the
County. The Agency shall ensure that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with OMB Circular A-122 for an Implcmcnting
Agency Ihal is a nonprofit corporation or OMB Circular A-87 for an Implemcnting Agcncy that
is a municipal corporalion or an agency of the State of Washington.
Project Scope of Services No.3 - Page 4
Ì)-i ,l
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-l33
(Audits of States, Local GOyemments, and Nonprofit Organizations). The Agency shall reyiew
audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and
ensure that any audit findings are resolved within six months of the date of the audit report.
Project Scope of Services No.3 - I'agc 5
boYS
PROJECT SCOPE OF SERVICES NO.4
Project No.: C02406 Start Date: Ifl/2002
Project Title: Federal Way YMCA CARES Child Care End Date: 12/31/02
Subsidy Program Support
Contract No.: D3 !34lD Termination Date: 12131/02
Project Manager: Joshua Goldfinger
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kelli.odonnell(GJci_federal-way.wa.us
City of Federal Way (hereinafter referred to as "the Agency") shall utilize King County
Community Development Block Grant funds to perform the actiyities specified below- Such
services shall be provided in a manner which fully complies with all applicable federal, state and
local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
1) Project Summary
The Agency shall use CDBG funds to proyide 248 childcare days for 56 low- and moderate-
income residents within the service area of the Federal Way Public Schools, through a
subcontract with the Federal Way Nonnan Center YMCA CDBG funds will support the
CARES Childcare Subsidy Program, which provides financial relief for low- and moderate-
income families in need of affordable before- and after-school childcare.
2) Project Budget
The Agency shall apply the following County funds to the project in accordance with the Line
Item Budget Summary below:
A. County Funds
King County Community Deyelopment $50,239-00
Block Grant - Pass-through City Funds
Total County Funds: $50,239.00
ß. Line Item Bud !;et
Personnel Services (detail below) $
Office or Operating Supplies $
Consultant or Purchased Services $50,239.00
Construction Contracts $
Communications $
Travel and Training $
Other (specify below): $
Total Coullty Fullds: $50,23900
---
Project Scope of Scrviccs No.4 - Page I
1)- ~C¡
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
I" 1" 3" 4'"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- OCT-- Year 2002
MARCH JUNE SEPT- DEe.
No. of un duplicated persons assisted 14 14 14 14 56
B. Units of Service
The Agency agrees to proyide, at minimum, the following units of service by quarter:
1" 1" 3'" 4'"
Quarter Quarter Quarter Quarter Total iu
JAN.- APRlL- JULY- OCT.- Year 2002
MARCH JUNE SEPT. DEC.
Child Care Days 62 62 62 62 248
C. Definition of Services
Child care days: The number of days care is proYided out of the total number of days care is
available during the reporting period.
4) Records
A. Project Files
The Agency shall maintain files for this project containing the following items:
I. Notice of Grant Award. .
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding proYided under this Scope are
allowable in accordancc with OMB Circular A-87 for local governments and A-I22 for
nonprofit organizations. Such records include, but are not limited to:
Projcct Scope of Services No.4 - Page 2
~...'5J
for personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time charged
against this project ifless than full time;
for staff trayel, documentation of mileage charges for priyate auto use must include: a)
odometer reading at beginning and end of trip, b) destination and starting location, and c)
purpose of trip; and
for copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no inyoice is ayailable, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select yendors and subcontractors with
original purchase orders and subcontracts.
10. Documentation required by this Contract if any funds proyided under this Scope are used
to acquire equipment.
II. The Agency shall ensure that services proyided with funding under this Contract are made
ayailable to residents of the following jurisdictions that are participating in the King County
CDBG Consortium:
'Algona Duyall Maple VaHey Shoreline
Beaux Arts Enumclaw Mercer Island Skykomish
Black Diamond Federal Way Newcastle Snoqualmie
BotheH Hunts Point North Bend Tukwila
Burien Issaquah Pacific Woodinville
Carnation Kenmore Redmond Yarrow Point
Clyde Hill Kent Renton Unincorporated King County
Covington Kirkland Sanunamish
Des Moines Lake Forest Park SeaTac
Services provided with funding under this Contract may be limited to residents of one or more
of the aboye-referenced jurisdictions.
12. Documentation of client income.
The Agency shaH screen all clients served with funds provided under this Contract and
mail)tain records documenting that each client served does not have a gross annual family
income in excess of the limits specified in the below Income Guidelines for Moderate Income
Households (80% and below of median) with the applicable number of Persons Per
Household.
Project Scope of Services No.4 - Page 3
ìY~::5[
Adjusted gross income as defined by the Internal Reyenue Service Form 1040 shall be used to
determine persons' or households' income. The following methods may be used to determine
income eligibility:
IRS income tax return;
Client income certification on a form approyed by the County; or
Documentation of qualification for participation in a "means-tested" federal or state
program at least as restrictiye as CDBG with regard to Income Guidelines.
2002 INCOME GUIDELINES
Persons Per Household
I 2 3 4 5 6 7 8
Moderate Income $38,[00 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of median)
Low Income $27,250 $3[,[50 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
(below 50% of median)
Extremely Low Income $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
(belòw 30% of median)
Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated
Income Guidelines which will be provided by the County.
5) Invoices
The Agency shall submit invoices to the County within 20 business days after the end of the first,
second and third quarters. The Agency shall submit its final inyoice to the County in accordance
with Part I, Section 3c. The Agency shall submit invoices to the County in the form of a CDBG
Program Voucher Reimbursement Request Form which will be provided by the County.
Such forms shall be signed by an authorized representatiye of the Agency.
6) Reports
The Agency shall collect and report client information to the County quarterly and aIUlually on a
Program Accomplishment form, in a format provided by the County.
The Agency shall submit with the final inyoice a Project Funding Report form, in a format
provided by the County, itemizing all funding used for the project.
Project Scopc ofScrvíces No.4 - Page 4
IjIJ:)
7) Subcontracted Services
The Agency shall execute written agreements with each agency with which it subcontracts to
proyide services (hereinafter "Implementing Agency") and shall incorporate into such
subcontracts all applicable proyisions of this Contract.
The Agency shall inyoice the County for due and payable inyoices of the Implementing Agency
or for costs paid by the Agency for goods, materials or services already proyided. The Agency
shall inyoice the County after the Implementing Agency has inyoiced the Agency. The Agency
shall include a copy of the Implementing Agency's inyoice with the inyoice submitted to the
County. The Agency shall ensure that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with OMB Circular A-122 for an Implementing
Agency that is a nonprofit corporation or OMB Circular A-87 for an Implementing Agency that
is a municipal corporation or an agency ofthe State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agenCY is audited in compliance with OMB Circular A-B3
(Audits of States, Local Governments, and Nonprofit Organizations). The Agency shall reyiew
audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and
ensure that any audit findings are resolyed within six months of the date of the audit report.
Project Scopc of Services No.4 - Page 5
Ì' -.r-- "3
U ) .
ATTA(,~MENT #1
2002 CDBG Proposed
Jf Funds
ProJectlPtogram
Request
Proposed
City CD8G FundIng Strategy & Rationale
CapItal Projects
--;
v
I~omestlc Abuse Women's Network $ 25,000 $ 25,000 #1: Develop a range of housing opportunities
CrItical need in South King County for additional domestic
I Shelter Renovation and Expansion yIolence shener. Agency operntes the only confidential
domestic'vIolence shelter In South KIng County.'
iCity of Federal Way, t'ubllc Works Dept. $ 195,000 $ 195,000 #2: Strengthens City's lnfrestructure end stimulate economic
!23rd Ave, S at S 314th Street Improvements development
Trnffic stgnal and crosswalks will facilitate safe pedestrian and
vehicular traffic crossing at busy Intersection. Project will increase
safety for low-modernte Income residents In this neighborhood." 2
King County Housing and Community $ 120,000 $ 120,000 #1: Develop a range of housIng opportunities
Development Program for homeIessness prevention and the only available
Federal Way Home RepaIr Program program for preservatIon of hOusing stock, 100% city residents
served. Loan repayments eventuallv retum to cIIV.
Lutheran Alliance to Create Housing $ 10,000 $ 5,000 #1: Develop 8 renge of housing opportunitIes
(LATCH) Support regional housing opportunities for seniors, youth, and
Angle Lake Senior Housing (on LSS special needs groups, City particIpatIon helps to leverage state and
Interqenerntlonal Camou;¡- county housing funds.'
Lutheran Social Services (LSS) $, 35,000 $ 5,000 #3: Address human saNic:e needs
Support regional human services; levernge other local funding
LSS Intergeneratlonal Campus - Community for program facilities Including chlldcare, refugee and Immigration
Services Center counseling, and adoption and foster care,'
Multi-Service Center $ 150,000 $ 150,000 #1: Develop e range of housIng opportunities
Supports the availability of affordable housing for low-Income
Glenwood Place Senior Residence seniors. Federal Way resIdent! represent 100% of the clients
who will be served by thIs project. '
~ ... ~ ~ c ,- '-'- . co. 11M ~ Mn nnn available to allocate - $503,971 + $2,865 (Planning 8. Admin.) =
",--,'"
J::.
Total Capttal- $506,837~.
[1] See attached conditions recommended by the Commission
[2] Eligible as economic development. Fifteen percent of the annual CDBG allocation will be targeted toward projects categorized under this category ($100.551),
"The Comml~slon recommends carrying forward $6,837 of capital
fundIng to 2OC¡3.
Revised 7130101
2002 CDBG Proposed Use of Funds
Project/Program Request Proposed CIty CDBG FundIng Strategy & Rationale
Public Services
~ ommunlty Healt
$
enters 0
ng county
Dental Access Program
I~Domestic Abuse Women's Networ
Sneller and Community Services
City of Federal Way, Legal Services
$
55,875
$
Domestic Violence Unit
\J1
v'"
Federal Way Norman Center, YMCA
$
53,747
$
CARES Childcare Subsidy Program
Public Services Sub-totals
City of Federal Way - Human Services
Planning and Administration
Planning and Admin. Sub-totals
11,0001#3: Address hUman service needs
Addresses critical need for dental care services available
to low and moderate-Income households. Recommendation
represents an IncreaM from 2001 funding level ($10,300 .
$0.001; ress uman seMce nee s
Commission recognizes need for these services. Program was not
allocated funds due to limited funding available. Program Is
included In contingency plan, should a minimum of $5,000 in
additional funds become available.
21,5391#3: Address human services needs
ProvIdes critical advocacy for domestIc violence victims In
criminal cases filed against defendant batterers. Allocation
recommended for personnel and Interpreter costs. Program
operation costs funded with City general fund In 2001 are not
eligible for CDBG funds. This recommendation represents an
Increase from 2001 fundln level $23,600).
53147; 5S uman se Ice s
, Affordable ohlldcare Is a critical community need. In addition
to responding to the needs of children, chlldcare allows
parents to pursue work, attend school, or enroll In training programs
,Recommendation represents an Increase from 2001 ($52,247).
~86 available to allocate. $92,286
71,2201#3: AclMty 4: Administer City's CDBG program,
Funds will support grant administration and special planning
- - -projects,
71,220 avàllable to allocate - $74,086 (Apply balance to capital)
<
TOTAL REQUESTS
$ 736,842 $ 663,506 $670,343 . Total available to allocate
Revised 7/30/01
~ co H~,^'oM<o""0'O""><>1 2O',COBO """" UU 0/ ,"",h.,I,
AlTACHMENT 2
CITY OF FEDERAL WAY
2002 CDBG CONTINGENCY PLAN
Revised 8/13/01
The allocation process for 2002 Community Development Block Grant (CDBG) funds is based
upon an estimate of what funds will be ayailable that year. The City will not be informed of its
exact grant amount until December 2001- For this reason, the allocation process includes a
contingency plan. The plan allows for adjustment up or down based upon the final grant
amount.
SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE:
Capital Projects - The City will apply the increase in the amount of CDBG funds as follows:
1. Additional funds of $18,162 would be carried forward for allocation to 2003 CDBG
projects. The original allocation plan forwards $6,837 unallocated funds to 2003. The
maximum amount of funds to be carried forward to 2003 would be $24,999.
, 2. If additional funds are $25,000 or greater, funds would be allocated to a project or
projects selected through a Request for Proposal (RFP) process. The RFP would specify that
the available funds would be used to increase the supply of housing for low- and moderate-
income Federal Way residents, including permanent affordable housing, and/or emergency and
transitional shelter (includino facilities for vouth and vouno adults), and other eJioible capital
proiects.
Public Service Programs - The City will apply the increase in the amount of CDBG funds as
follows:
1. If the amount of additional funds is $4,999 or less, the additional funds would be
allocated to the City of Federal Way, Law Department, Domestic Violence Unit Program. The
original allocation amount for this project was $27,539. The maximum amount of contingency
funds for this project would be $4,999 for a total allocation of $32,538;
OR;
2. If the amount of additional funds is $5,000 or greater, the amount of additional funds
would be allocated to the Domestic Abuse Women's Network (DAWN) Shelter and Community
Services Program, up to their full request of $10,000. This agency was not allocated any
additional funds in the original allocation plan. The maximum of contingency funds for this
project would be $10,000.
Planning and Administration - The City will apply the increase in the amount of CDBG funds
as follows:
Any additional funds for planning and administration activities will be allocated to capital
projects in accordance with the priority order listed above.
\) '5b
SHOULO THE GRANT AMOUNT DECREASE:
Capital Projects - The City will decrease the amount of CDBG funds allocated for capital
projects as follows:
1. The first decreases will be made to any unallocated funds ayailable before reductions
are made to specific projects.
~ .:t-. Lutheran Social SeNices (LSSJ, Intergenerational Campus - Community SeNice Center
- The maximum decrease to this project would be $5,000, the full original award.
;i,+. Lutheran Alliance to Create Housing (LA TCHJ, Angle Lake Senior Housing - The
maximum decrease to this project would be $5,000, the full original award.
1,,+. Additional decreases will be made to the following capital projects in proportion to the
percentage decrease in grant funds. These projects are: Domestic Abuse Women's Networ1<
(DAWN), Shelter Renovation and Expansion; Multi--SeNice Center, Glenwood Place Senior
Residence; and the City of Federal Way, Public Wor1<s Department 23'" AYe. S- at 314"' Street
Improvements.
Public Service Programs - The City wili decrease the amount of CDBG funds allocated for
public seNice programs as follows:
Decreases will be made to all public seNice programs in proportion to the percentage
decrease in grant funds. These programs are: Community Health Centers of King County,
Dental Access Program, City of Federal Way, Law Department, Domestic Violence Unit;
Federal Way Nonnan Center, YMCA, CARES Child Care Subsidy Program.
Planning and Administration - The City will decrease the amount of CDBG funds allocated
for CDBG planning and administration as follows:
Funding for consultant and purchased seNice actiYities will be decreased to their full
extent before decreases are made to administratiye activities.
&/13101
k : cdhslcdbglO 2 proccsslO 2con tfig
n ','71
ATTACHMENT #3
Human Services Division
PO Box 9718
Federal Way, WA 98063-9718
(253) 661-4153
CAPITAL PROJECTS
DOMESTIC ABUSE WOMEN'S NETWORK
DAWN Shelter Renovation & Expansion
P.O. Box 88007
Tukwila, WA 98138
Terri Kimball- (425) 656-4305, EXT- 251
$25,000
CITY OF FEDERAL WAY PUBLIC WORKS DEPT. $195,000
23'" Ave. S. at 314ili St. Street Improvements
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
Rick Perez - (253) 661-4133
FEDERAL WAY HOME REPAIR PROGRAM
King County
Housing and Community Development
700 5ili Avenue, Suite 3700
Seattle, WA 98104
Janet Skinner - (206) 296-8630
$120,000
LUTHERAN ALLIANCE To CREATE HOUSING
LATCH Angle Lake Senior Housing
8757 IS" Avenue NW
Seattle, WA 98117
Lisa Kious - (206) 789-1536, ext. III
$5,000
LUTHERAN SOCIAL SERVICES (LSS) $5,000
Intergenerational Campus, Community Services Center
4040 S. 188" Street
SeaTac, WA 98188
R.Y. Woodhouse - (206) 694-5709
MULTI-SERVICE CENTER
Glenwood Place Senior Residence
1000 Block ofS. 336"', Street
Federal Way, WA 98003
Dini Duclos - (253) 835-7678
$150,000
UNALLOCATED CAPITAL FUNDS:
$7,949
CAPITAL SUBTOTAL:
$507,949
PUBLIC SERVICE PROGRAMS
DENTAL ACCESS PROGRAM
Community Health Centers of King County
403 East Meeker Street, Suite 300
Kent, WA 98031
Trish Crocker - (425) 277-1311
$10,282
DOMESTIC VIOLENCE VICTIM ADVOCATE
City of Federal Way
Domestic Violence Unit
33530 First Way South
Federal Way, WA 98003
Shelly David - (253) 661-4027
$25,742
CARES CHILD CARE SUBSIDY PROGRAM
Federal Way Noonan Center, YMCA
3325021" Avenue SW
Federal Way, WA 98023
Theresa Young - (253) 838-4708
$50,239
PUBLIC SERVICE SUBTOTAL:
$86,263
PLA.NNING & ADMINISTRA TION
$66,056
2002 CDBG PROJECT TOTAL
$660,268
COMMUNITY
DEVELOPMENT
BLOCK
GRANT
PRO G RAM
T) . 5-~
MEETING DATE:
April 16,2002
ITEM#
:1Z ~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Green Gables Neighborhood Traffic Safety (NTS) Project, SW 342nd Street
CATEGORY:
BUDGET IMPACT:
¡g¡ CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Use / Transportation Committee dated April I, 2002.
SUMMARYIBACKGROUND: Residents along 342nd Ayenue Southwest in the vicinity of 35th Street Southwest
haye requested the installation of traffic calming deyices in that area based on concerns of high traffic speeds and
cut-through traffic. Currently adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500-1100 26 - 29
1.0 0.5 - 0.7 1101 - 1700 29.1 - 32
1.5 0.7 - 0.9 1701-2300 32.1- 35
2.0 0.9 - 1.1 2301 - 2900 35.1-38
2.5 1.1-1.3 2901 - 3500 38.1-41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met ifthe total number of seyerity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receiye 1.0 point for traffic yolume, 3 points for traffic
speed, and 0.5 points for accident history. Therefore, the total number of points is 4.5, which meets the 3.0-point
minimum to qualify for speed hump installation.
On November 7, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that
might be effectiye in reducing speed and cut-through traffic within the neighborhood. After discussion between the
neighborhood residents and staff, a consensus was reached to propose the installation of two speed humps in order to
mitigate the identified problems. In accordance with established NTS policies, staff sent ballots to property owners
and occupants within 600 feet of the proposed speed hump locations and the following table summarizes the ballot
results:
Ballots Sent 38 68
Ballots Returned 7 11
Yes Votes 6 (86%) II (100%)
No Votes I (14%) 0(0%)
Installation criteria require a 50% majority of the returned ballots. Based on the preceding results, all locations met
the criteria.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its April I, 2002 meeting, the Land Use / Transportation
Committee recommended approval of the installation of two speed humps along SW 342"d Street in the yicinity of
35'" Avenue SW.
PROPOSED MOTION: "I moye approyal of the installation of two speed humps along SW
of35'" Ayenue SW."
Street in the yicinity
.....-.-.....-......-........
CITY MANAGER APPROVAL:
~
.....................-.......
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
k:\cou"cil\agdbills\2002\gree" gables fits p<oject, sw 342"d street.doc
REYISED - 05/10/2001
DATE:
April 1,2002
TO:
Eric Faison, Chair
Land Use / Transportation Committee
FROM:
Rick Perez, City Traffic Engineer.1 ~~~
David H. Moseley, City Manag~-\;\ ~
VIA:
SUBJECT:
Green Gables Neighborhood Traffic Safety (NTS) Project, 342ßd
BACKGROUND
Residents along 342ßd Avenue Southwest in the Yicinity of 35th Street Southwest haye requested the
installation oftraffic calming devices in that area based on concerns of high traffic speeds and cut-through
traffic. Currently adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 05 500 - 1100 26 - 29
1.0 0.5 - 0.7 1101 - 1700 29.1 - 32
1.5 0.7 - 0.9 1701 - 2300 32.1 - 35
2.0 0.9 - l.l 2301 - 2900 35.1 - 38
2.5 1.1-13 290 I - 3500 38.1 - 41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met if the total number of severity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receiye 1.0 point for traffic volume, 3 points for
traffic speed, and 0.5 points for accident history. Therefore, the total number of points is 4.5, which
meets the 3.0-point minimum to qualify for speed hump installation.
On November 7, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming
altematiyes that might be effectiye in reducing speed and cut-through traffic within the neighborhood.
After discussion between the neighborhood residents and staff, a consensus was reached to propose the
installation of two speed humps in order to mitigate the identified problems. In accordance with
established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the
proposed speed hump locations and the following table summarizes the ballot results:
38
7
6 (86%)
1(14%)
68
II
11 (100%)
0(0%)
Installation criteria require a 50% majority of the returned ballots. Based on the above results, all
locations met the balloting criteria.
RECOMMENDA nON
Staff recommends placing the following item on the April 16, 2001 Council Consent Agenda:
Approve the installation of two speed humps along 342"d Ayenue Southwest in the vicinity of3S!h
Street SW.
RP/RT:dl
k\l"'\2oo2\""," "bl,,"~. 342,w.doo
MEETING DATE:
Apri] ]6,2002
ITEM#
.:fC j-J
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Green Gables Neighborhood Traffic Safety (NTS) Project, 35th Avenue SW
CATEGORY:
BUDGET IMPACT:
¡g¡ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Use / Transportation Committee dated April ],2002.
SUMMARYIBACKGROUND: Residents along 35th Ayenue Southwest in the vicinity of Southwest 342nd Street
haye requested the installation of traffic calming deyices in that area based on concerns of high traffic speeds and
cut-through traffic. Currently, adopted NTS installation criteria apply only to residential streets functionally
classified as local or minor collectors where the posted speed limit does not exceed 25 mph. The subject roadway
segment is classified as a principal collector and therefore does not normally qualify for the NTS program.
Currently adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500 - 1100 26 - 29
1.0 0.5 - 0.7 110]-]700 29.] - 32
1.5 0.7 - 0.9 170] - 2300 32.] - 35
2.0 0.9 - 1.1 230] -2900 35.] - 38
2.5 1.1-1.3 290] - 3500 38.] -4]
3.0 More than 1.3 More than 3500 More than 4]
Installation criteria are met if the total number of seyerity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receive 1.5 point for traffic yolume, 1.5 points for traffic
speed, and 2.0 points for accident history. Therefore, the total number of points is 5.0, which meets the 3.0-point
minimum to qualify for speed hump installation.
On November 7, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming alternatiyes that
might be effective in reducing speed and cut-through traffic within the neighborhood. After discussion between the
neighborhood residents and staff, a consensus was reached to propose the installation of two speed tables in order to
mitigate the identified problems. In accordance with established NTS policies, staff sent ballots to property owners
and occupants within 600 feet of the proposed speed hump locations and the following table summarizes the ballot
results:
Ballots Sent
Ballots Returned
Yes Votes
No Votes
44
9
6 (67%)
3 (33%
48
14
13 (93%)
1(7%)
Installation criteria require a 50% majority of the returned ballots. Based on the above results, all locations met the
balloting criteria.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its April!, 2002 meeting, the Land Use / Transportation
Committee recommended departing trom the nonnal policies to allow the subject principal collector to qualify for the
NTS program and approve the installation of two speed tables on 35th Avenue SW in the vicinity of SW 342nd Street.
PROPOSED MOTION: "I moye that the subject principal collector quality for the NTS program and that the
installation of two speed tables on 35th Ayenue SW in the vicinity of SW 342nd Street is approved,"
.__._.~._...._-_.._......_~._--~..._..---_.._u
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Ucouncil\agdbills\2002\g;een gables nls project, 351h avenue swdoc
REVISED-O5/10/2001
DATE:
April 1,2002
TO:
Eric Faison, Chair
Land Use / Transportation Committee
FROM:
Rick Perez, City Traffic Engineer .hl~
l\ \l-- ,f'
David H. Moseley, City Managet\J ~
VIA:
SUBJECT:
Green Gables Neighborhood Traffic Safety (NTS) Project, 35th
BACKGROUND
Residents along 35th Avenue Southwest in the yicinity of Southwest 342nd Street haye requested the
installation of traffic calming deyices in that area based on concerns of high traffic speeds and cut-through
traffic. Currently, adopted NTS installation criteria apply only to residential streets functionally classified
as local or minor collectors where the posted speed limit does not exceed 25 mph. The subject roadway
segment is classified as a principal collector and therefore does not nonnally qualify for the NTS
program.
Currently adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500-1100 26 - 29
1.0 0.5 - 0.7 1101 - 1700 29.1-32
1.5 0.7 - 0.9 1701-2300 32.1 - 35
2.0 0.9 - 1.1 2301 - 2900 35.1 - 38
2.5 1.1-1.3 2901-3500 38.1 - 41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met if the total number of seyerity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receive 1.5 point for traffic yolume, 1.5 points for
traffic speed, and 2.0 points for accident history. Therefore, the total number of points is 5.0, which
meets the 3.0-point minimum to qualify for speed hump installation.
On Noyember 7, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming
alternatives that might be effective in reducing speed and cut-through traffic within the neighborhood.
After discussion between the neighborhood residents and staff, a consensus was reached to propose the
installation of two speed tables in order to mitigate the identified problems. In accordance with
established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the
proposed speed hump locations and the following table summarizes the ballot results:
eedTable
Ballots Sent
Ballots Returned
Yes Votes
No Votes
44
9
6 (67%)
3 (33%)
48
14
13 (93%)
] (7%)
Installation criteria require a 50% majority of the returned ballots. Based on the above results, all
locations met the balloting criteria.
RECOMMENDA nON
Staff recommends placing the following item on the April 16,2001 Council Consent Agenda:
Depart from the normal policies to allow the subject principal collector to qualify for the NTS
program and approye the installation of two speed tables on 35th Ayenue Southwest in the vicinity of
Southwest 342nd Street.
RP/RT;dl
""""12002\",,," "bI" "t> - 3S,wdoc
MEETING DATE:
April 16,2002
ITEM# ~ þ)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Rainier View Neighborhood Traffic Safety (NTS) Project
CATEGORY:
BUDGET IMPACT:
I2J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo to Land Use (Transportation Committee dated April I, 2002.
SUMMARYIBACKGROUND: Residents in the vicinity of 20th Ayenue S between S 336th Street and S 333rd
Street haye requested the installation of traffic calming deyices in that area based on concerns of high traffic speeds
and cut-through traffic. Currently, adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500 - 1100 26 - 29
1.0 0.5 - 0.7 1101-1700 29.1-32
1.5 0.7 - 0.9 1701 - 2300 32.1 - 35
2.0 0.9 - 1.1 2301-2900 35.1-38
2.5 1.1-1.3 2901 - 3500 38.1-41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met if the total number of seyerity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receive 2.0 point for traffic yolume, 1.5 points for traffic
speed, and 1.0 point for accident history. Therefore, the total number of points is 4.5, which meets the 3.0-point
minimum to qualify for speed hump installation.
On October 24, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming alternatiyes that
might be effective in reducing speed and cut-through traffic within the neighborhood. After discussion between the
neighborhood residents and staff, a consensus was reached to propose the installation of two speed tables in order to
mitigate the identified problems. In accordance with established NTS policies, staff sent ballots to property owners
and occupants within 600 feet of the
proposed speed hump locations and the following table summarizes the ballot results:
Ballots Sent 271 199
Ballots Returned 31 23
Yes Votes 21 (97%) 19 (83%)
No Votes 1(3%) 4 (17%)
Installation criteria require a 50% majority of the returned ballots. Based on the above results, all locations met the
balloting criteria.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 1,2002 meeting, the Land Use / Transportation
Committee recommended approyal of installation of two speed humps on 20th Ayenue S between S 336th Street and S
333'" Street.
PROPOSED MOTION: "I moye approyal of installation of two speed humps on
and S 333'd Street."
Avenue S between S
Street
-.-.--.------.-.-.-----.---...
._~--
-.----..-.--.-----.-.------..--.-.--.-.-.----
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
k,lcounc;J\agdbillsI20021¡-ainie< view "Is pmject,-doc
REYISEO - 05/10/2001
DATE:
April 1,2002
TO:
Eric Faison, Chair
Land Use I Transportation Committee
FROM:
Rick Perez, City Traffic:~gin:~
David H. Moseley, City~~er 1141"<...
VIA:
SUBJECT:
Rainier View Neighborhood Traffic Safety (NTS) Project
BACKGROUND
Residents in the yicinity of 20th A yenue S between S 336th Street and S 333rd Street have requested the
installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through
traffic. Currently, adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500-1100 26 - 29
1.0 0.5 - 0.7 1101 - 1700 29.1 - 32
1.5 0.7 - 0.9 1701-2300 32.1 - 35
2.0 09 - 1.1 2301 - 2900 35.1 - 38
2.5 1.1-1.3 2901-3500 38.1 - 41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met if the total number of severity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receive 2.0 point for traffic volume, 1.5 points for
traffic speed, and 1.0 point for accident history. Therefore, the total number of points is 4.5, which meets
the 3.0-point minimum to qualify for speed hump installation.
On October 24, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming
altematiyes that might be effective in reducing speed and cut-through traffic within the neighborhood.
After discussion between the neighborhood residents and staff, a consensus was reached to propose the
installation of two speed tables in order to mitigate the identified problems. In accordance with
established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the
proposed speed hump locations and thc following table summarizes the ballot results:
Ballots Sent
Ballots Rehlrned
Yes Votes
No Votes
271
31
21 (97%)
1(3%)
199
23
19 (83%)
4 (17%)
Installation criteria require a 50% majority of the returned ballots. Based on the aboye results, all
locations met the balloting criteria.
RECOMMENDA nON
Staff recommends placing the following item on the April 16, 2001 Council Consent Agenda:
Approye the installation of two speed humps on 20th A yenue S between S 336th Street and at
S 333rd Street.
RP/RT:dl
':\1",\2002"";0;" "'W 0" . 20'.do,
MEETING DATE:
April 16, 2002
ITEM# ~ J:I... ¿)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Mirror Lake Neighborhood Traffic Safety (NTS) Project
CATEGORY:
BUDGET IMPACT:
¡g¡ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Budgeted:
Amt.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: Memo to Land Use I Transportation Committee dated April 1,2002.
SUMMARYIBACKGROUND: Residents in the yicinity of 8th Avenue South between South 320th Street and South
3l2th Street haye requested the installation of traffic calming deyices in that area based on concerns of high traffic
speeds and cut-through traffic. Currently, adopted NTS installation criteria apply only to residential streets
functionally classified as local or minor collectors where the posted speed limit does not exceed 25 mph. The
subject street is classified as a principal collector and therefore does not normally qualify for the NTS program.
Currently adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500-1100 26 - 29
1.0 0.5 - 0.7 1101-1700 29.1- 32
1.5 0.7 - 0.9 1701 - 2300 32.1 - 35
2.0 0.9 - 1.1 2301 - 2900 35.1 - 38
2.5 1.1-1.3 2901 - 3500 38.1-41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met if the total number ofseyerity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receive 1.5 point for traffic yolume, 1.5 points for traffic
speed, and 2.0 points for accident history. Therefore, the total number of points is 5.0, which meets the 3.0-point
minimum to qualify for speed hump installation.
On October 13,2001 staff conducted a neighborhood meeting to discuss potential traffic calming alternatiyes that
might be effectiye in reducing speed and cut-through traffic within the neighborhood. After discussion between the
neighborhood residents and staff, a consensus was reached to propose the installation of two speed tables in order to
mitigate the identified problems. In accordance with established NTS policies, staff sent ballots to property owners
and occupants within 600 feet of the proposed speed hump locations and the following table summarizes the ballot
results:
90
37
32 (86%)
5 (14%)
56
31
21 (68%)
10 (32%)
Installation criteria require a 50% majority of the returned ballots. Based on the aboye results, all locations met the
balloting criteria.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its April I, 2002 meeting, the Land Use / Transportation
Committee recommended departing ftom the nonnal policies to allow the subject principal collector to qualify for the
NTS program and approye the installation of two speed tables on 8th A yenue S at the intersections of S 3 14th Street and at
S 315th Street.
PROPOSED MOTION: "I move that the subject principal collector qualify for the NTS program and that the
installation of two speed tables on 8th Avenue S at the intersections ofS 3 14th Street and at S 315th Street is approved."
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Ucounc;I\agdbills\2002\mirro, 1ake nts pcoject,.doc
REY1SED ~ 05/10/2001
DATE:
April 1,2002
TO:
Eric Faison, Chair
Land Use / Transportation Committee
FROM:
Rick Perez, City Traffic Engineer (~
Dayid H. Moseley, City Manag~41<Y\.
VIA:
SUBJECT:
Mirror Lake Neighborhood Traffic Safety (NTS) Project
BACKGROUND
Residents in the Yicinity of 8th Ayenue South between South 320th Street and South 312th Street have
requested the installation of traffic calming devices in that area based on concerns of high traffic speeds
and cut-through traffic. Currently, adopted NTS installation criteria apply only to residential streets
functionally classified as 10cal or minor collectors where the posted speed limit does not exceed 25 mph.
The subject street is classified as a principal collector and therefore does not normally qualify for the NTS
program.
Currently adopted NTS installation criteria are based on a point system as follows:
0.5 0.3 - 0.5 500 - 1100 26 - 29
1.0 0.5 - 0.7 1101 - 1700 29.1 - 32
1.5 0.7 - 0.9 1701 - 2300 32.1 - 35
2.0 0.9 - 1.1 2301 - 2900 35.1-38
2.5 1.1-1.3 2901 - 3500 38.1- 41
3.0 More than 1.3 More than 3500 More than 41
Installation criteria are met if the total number of severity points is equal to or greater than 3.0.
A traffic study indicated that the subject location would receiye 1.5 point for traffic yolume, 1.5 points for
traffic speed, and 2.0 points for accident history. Therefore, the total number of points is 5.0, which
meets the 3.0-point minimum to qualify for speed hump installation.
On October 13, 2001 staff conducted a neighborhood meeting to discuss potential traffic calming
alternatiyes that might be effectiye in reducing speed and cut-through traffic within the neighborhood.
After discussion between the neighborhood residents and staff, a consensus was reached to propose the
installation of two speed tables in order to mitigate the identified problems. In accordance with
established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the
proposed speed hump locations and the following table summarizes the ballot results:
90
37
32 (86%)
5 (14%)
56
31
21 (68%)
10 (32%)
Installation criteria require a 50% majority of the returned ballots. Based on the above results, all
locations met the balloting criteria.
RECOMMENDA nON
Staff recommends placing the following item on the April 16, 200 I Council Consent Agenda:
Depart fTom the nonnal policies to allow the subject principal collector to qualify for the NTS
program and approve the installation of two speed tables on 8th A yenue S at the intersections of
S 3l4th Street and at S 3l5th Street.
RP/RT:dl
""""\2002"",,,,, "k, "" . ".doo
MEETING DATE:
Ib
April/, 2002
ITEM#
Y'I
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 Insurance Renewal
CATEGORY:
BUDGET IMPACT:
~ CONSENT
g RESOLUTION
~ CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: FEDRAC Agenda Report; Washington Cities Insurance Authority Interlocal Agreement
SUMMARYIBACKGROUND: In the past two years, the City has had a number of disagreements with St. Paul's handling of
claims where the City did not feel its interests had been represented. After reaching a tentative agreement to renew 2002
coverage, the City was given a list of conditions that would further restrict its ability to manage its own litigations and would
give St. Paul the ability to settle claims under $50,000 without first obtaining City approval. Staff finnly believes that these
conditions are unacceptable to the City. While the total cost of renewing with St. Paul is lower than with WCIA, the
commercial insurance market outlook and St. Paul's continued tightening of our ability to participate in the litigation process
would narrow the gap both in tenns of direct and indirect financial impact to the City.
CITY COUNCIL COMMITTEE RECOMMENDATION: Staff recommends joining WCIA effectiye May 1, and
canceling St. Paul's policy for the remainder of2002. This change will require an additional appropriation of funds in the
amount of $50,000 . $80,000 in 2002. Staff also recommends that the amount be provided by the City Manager's Contingency
Fund. FEDRAC has concurred with this recommendation.
PROPOSED MOTION: "I move to approve of the City's participation in the WCIA effective May 1,2002 and the use of the
City Manager's Contingency Fund for the amount necessary for the transition."
CITY MANAGER APPROVAL:
.....~_.m.
.......................-.............
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
§ DENIED
T ABLED/DEFERREDINO ACTION
MOVED TO SECOND READING (ordinances only)
moved -tv Lfl'(p r!AJwréd rrti~j
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
April 10,2002
Federal Way City Council
David H. Mo nager
Iwen Wang, Mana ement Services Director
Insurance Renewal Fallaw-up
.dt-j
Subject:
Council directed staff to obtain an independent review of the two insurance renewal options under
consideration. Staffhas retained independent risk management consultant Jim McDonald, who is
reyiewing the two proposals. He is also conducting discussions with both St. Paul and WCIA to clarifY the
tenns and conditions of their proposals.
Based on the preliminary discussions, it is likely that staff will recommend that Council delay any actIOn on
the insurance renewal until the May 7th meeting to allow the consultant to complete his discussions and
obtain any commitments made by the parties in writing.
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
March 22, 2002
Finance, Economic Deyelopment and Regional Affairs Committee
Dayid H. Moseley, City Manager
Iwen Wang, Management Services Director
2002 Insurance Renewal
ft~J
Subject:
Background
Last august, staff reported to the Committee that the insurance market conditions had changed drastically since late
2000. We anticipated a substantial premium increase for the 2002 renewal and would explore other options than the
commercial insurance market. Among other considerations, staff identified areas that are of particular importance to
Federal Way in the final analysis; including the City's ability to manage the litigation process, the availability of
comprehensive risk identification, prevention consultation and training, and the overall cost.
To ensure the City covered all potential markets, we extended the broker services agreement with Raleigh Schwarz
and PowelllBrown & Brown to obtain proposals tram both the commercial market and insurance pools.
This memorandum will provide the Council with the results of the search and staff recommendation.
Renewal Options
Raleigh Schwarz and Powell contacted 16 insurance markets and one pool in their search and received one proposal
tram St. Paul for the insurance package. Staff also contacted Washington Cities Insurance Authority (WCIA) and
received an alternative proposal.
Insurance Proposals St Paul WCIA
Per Occurrence Liability Coverage $12 million $14 million
Status Quo Recomd
Deductible Level $ 5,000 $ 25,000 $ - $ 100,000
Line of Coverage
Liability 230,963 211,180 439,981 222,190
Property wlBIIIM/EQ/Flood 49,937 36,801 9,157 7,385
BoilerlMachinery 2,157 2,157 890 890
Crime/Faithful Perfonnance/Fidelity 1,341 1,341 1,341 1,341
Total Premium 284,398 251,479 451,369 231,806
Settlement/Expenses
Average LosslExpenses 82,000 123,000 25,000 250,000
PS Auto Physical Damage(eliminated in 2002) 20,000 20,000 20,000 20,000
Broker Service 22,050 22,050 - -
City legal fee (iu GF) 35,000 61,250 -
Risk Adjusting Cost 2,000 10,000 - -
Total Out of Pocket 445,448 487,779 496,369 501,806
Adjusted Risk Budget 436,500 436,500 I 436,500 436,500
Over (under) bu~ (8,948) (51,279) ~59,862} (65,306)
h'\"""",'I""""m""(J(j2\(IJ2"\",s<, ""C".ooc
G-I
Qualitative Differences:
Risk Sharinf! Pool vs. Insurance. The WCIA is a risk sharing pool formed in 1981, currently has 100 members in
the liability pool; including a number of King County Cities such as Auburn, Kent, Renton, and Tukwila. Because it
is not an "insurance" company (it self-insures claims up to $1 million per occurrence), the pool has a very high level
of self-detennination in terms of policy coverage. Most members participate with "first dollar" coverage with 4 large
members assuming deductibles up to $250,000 per loss.
The premium is based on the member's loss history and the pool's overall financial condition. At the end of2000,
the WCIA had over $70 million in net equity, including approximately $50 million in loss reserves and $20 million
in unreserved equity. According to WCIA, their pro-forma AM Best rating (the most common credit rating for
insurance companies) is A VII, which reflects its small but high credit quality status. St. Paul is rated A+ by AM
Best and is one of the latgest insurance carriers in the US.
Coveraf!elExclusion: As mentioned above, while the pool also has coverage exclusions, the WCIA has very liberal
interpretations of these exclusions. The Executive Committee (which is elected by WCIA members) has consistently
taken positions to cover major unanticipated losses and uses a risk sharing approach in coverage decisions.
Control of Litif!ation Process & Defense Counsel: One of our key concerns with St. Paul is their inexperience in
municipal cases and their unwillingness to give the City control over the litigation process and selection of defense
counsel. It is not likely the WCIA will allow us to choose our counsel either, but because of their focus on cities and
familiarity with the issues facing cities in Wasbington State, their list of pre-selected legal counsel is more consistent
with our needs. In addition, the WCIA will consult and collaborate with the City in settlement and defense
strategies, which will not be made based on profit margins.
This and the broad coverage stances the Authority has taken is reflected in their higher than market
premiwnlassessments.
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Claims-made vs. Occurrence: All WCIA policies are "occurrence" based. Currently our Public Official's (a.k.a.
Errors and Omission's) policy is in "claims made" form, which means that if an incident occurred during the
coverage period but the claim is made outside that period, the claim is not covered. This coverage form limits the
insurance company's risk but leaves the policy holder exposed to future claims.
Risk Consultation: Because of the "risk sharing" nature of the pool, risk prevention and early intervention are two of
the pool's core missions. The pool provides a number of risk consultation services at no additional charge, including
an annual on-site risk audit/assessment (focusing on a different operation each year), mandatory training programs,
and a pre-defense review.
Traininf!: WCIA provides consistent monthly training programs covering all areas of government risk exposure,
including new/emerging trends tailored for municipal governments (63 classes offered in 2000, attended by over
2000 attendees) at no charge.
Deductible or SIR: The $1 OOk deductible under WCIA applies to both expenses and indemnity (i.e. the city will
need to pay up to $IOOk per incident before coverage kicks in). However, the loss adjustment cost is not billed by
incident.
Term: If the City decides to participate, a minimum of3 years will be required, with a I year cancellation notice
thereafter.
Rate Stabilitv: The WCIA is subject to the same investment restrictions as cities. This means that their earnings are
lower, but are more secure and stable, which creates a more stable rate structure for their members. This is also
another reason why their rates are higher than the commetcial market, particularly in a favorable investment market.
With the substantial market correction over the past 2 years, it is predicted that the commercial insurance premiums
will continue to rise at substantial rates over the next two to three years. The WCIA expects premiums to grow 3-5%
in 2003. This will narrow the gap betwcen the pool and market rates.
Tailliahilitv There is a provision in the Interlocal agreement that members are not relieved of unresolved loss
history. In our dIScussions with the WCIA. tIllS provision would only be evoked I f the authority hecnmes insolvent.
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With the level of reserves and reinsurance of pool risks, the chance of this to occur is not likely. This weakness is
substantially alleviated by the pool's reinsurance program.
Lack of Membership Diversification: The pool has 100 members participating on liability risks with some major
cities in the S. King and N. Pierce Counties. The concentration of geographic area and type of entities could
negatively affect the pool's fmancial stability should one significant incident have impact on multiple members.
STAFF REcOMMENDATION:
There is an inherent conflict of interest in the insurance company's profitability and its obligation to protect the
insured. In the past two years, the City has had a number of disagreements with St. Paul's handling of claims where
the City did not feel its interests had been represented. This includes St. Paul settling cases under the city's
deductible limits without obtaining the City's approval, and their reluctance to use the City's preferred counsel in
important cases.
After the City reached a tentative agreement with St. Paul to renew 2002 coverage, the City was given a list of
conditions that would further restrict its ability to manage its own litigations and would give St. Paul the ability to
settle claims under $50,000 without first obtaining the City's approval. Stafffmuly believes that these conditions are
unacceptable to the City. While the total cost ofrenewing with St. Paul is lower in comparison with WCIA, the
outlook of the commercial insurance market and St Paul's continued tigbtening of our ability to participate in the
litigation process would narrow the gap both in terms of direct and indirect financial impact to the City. Therefore,
Staff recommends joining WCIA effective May I, and canceling St. Paul's policy for the remainder of2002. This
change will require an additional appropriation of funds in the amount of $50,000 to $80,000 in 2002. Staff also
recommends that the amount be provided by the City Manager's Contingency Fund.
COMMITTEE ACTION:
Recommend that the City Council approve of the City's participation in the WCIA (Interlocal Agreement attached)
effective May I and the use of the City Manager's Contingency Fund for the amount necessary for the transition.
Committee Chair
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APPROVAL BY COMMITTEE:
holfinancelfincommt\200210326l,nsu 'enew.doc
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