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11-08-2022 PRHSPSC PKT - Regular
City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee November 8, 2022 5:00 p.m. Federal Way City Hall — Council Chambers MEETING AGENDA Notice: Due to Governor Inslee's Proclamation 20-28, the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 and password: 442570 Sign -Up* here to give citizen comment during the meeting (via calling -in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 To ensure your comments are received and processed your request must be submitted at least 1-hour prior to the start of the meeting 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council or Info Date A. Approval of October 11, 2022 Minutes 3 Action N/A B. Report on PAEC Operations Gressett 7 Information N/A Only C. King County Covid-19 Pandemic Funding for PAEC Gressett 11 Action Consent 11/15/22 D. Saghalie Track Replacement Completion and Release of Gerwen 21 Action Consent Retainage 11/15/22 E. Jail Services Agreement — Nisqually Jail Schwan 25 Action Consent 11/15/22 Committee Members City staff Jack walsh, Chair John Hutton, Parks Director Lydia Assefa-Dawson Mary Jaenicke, Administrative Assistant II Erica Norton K:\PRHSPS Committee\2022\11-08-2022 Agenda.doc Topic Title/Description F. Jail Services Agreement — SCORE Jail Presenter Page Action or Info Schwan 35 Action G. Memorandum of Understanding (MOU) Contract Schwan Amendment for Fiscal Year (FY) 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) H. Fiscal Year (FY) 2021 Edward Byrne Memorial Justice Schwan Assistance (JAG) Grant - ScanX Scout Kit Portable X-Ray Purchase I. Agreement between the Washington Traffic Safety Schwan Commission (WTSC) and the Federal Way Police Department to provide Grant Funding for Traffic Enforcement J. Public Safety Testing (PST) — Service Agreement Schwan 55 Action 65 Action 71 Action 91 Action K. Program Year 2023 Community Development Block Bridgeford 113 Grant (CDBG) Annual Action Plan L. 2023-2024 Human Services General Fund Grants Bridgeford 141 M. ARPA Social Services and Business Supports Proposal Bridgeford 149 N. South King Housing and Homelessness Partners Bridgeford 155 (SKHHP) 2023 Work Plan and Budget 0. 2023-2024 Human Services Commission Work Plan Bridgeford 165 Action Action Action Action Action Council Date Consent 11/15/22 Consent 11/15/22 Consent 11/15/22 Consent 11/15/22 Consent 11/15/22 Public Hearing 11/15/22 Public Hearing 11/15/22 Council Business 11/15/22 Consent 11/15/22 Consent 11/15/22 4. OTHER 5. FUTURE MEETING: The next PRHSPS meeting will be January 10, 2023 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Jack Walsh, Chair Lydia Assefa-Dawson Erica Norton City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2022\11-08-2022 Agenda.doc City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, October 11, 2022 5:00 p.m. SUMMARY Committee Members Present: Chair Walsh, Committee members Norton and Assefa-Dawson Council Members Present: Deputy Mayor Honda Staff Members Present: Kent van Alstyne, Assistant City Attorney, Kurt Schwan, Professional Standards Commander, Cary Murphy, Commander, Scott Sproul, Building Official, Autumn Gressett, Contract Administrator, John Hutton, Parks Director and Mary Jaenicke, Administrative Assistant II. Guests: Brian Hoffman, General Manager of Spectra Chair Walsh called the meeting to order at 5:00pm BUSINESS ITEMS Public Comment None Approval of Minutes Committee member Norton motioned to approve the September 13, 2022 minutes as written. Committee member Assefa-Dawson seconded. Motion passed. Report on PAEC Operations Spectra General Manager Brian Hoffman provided an update on events that were held at the Performing Arts and Event Center (PAEC) for the month of August. Among the highlights of the events was the 5" year anniversary celebration with a concert and movie. The Parks Department re -striped the parking lot and all of the up -lights were fixed in the Art Walk bed. Mr. Hoffman also reviewed the comparison of month over month for August 2019, 2021 and 2022. October is a very busy month with several events scheduled including the One Night In Memphis show and the Gala. December is also filling up with Holiday parties. Jail Services Contract — Kind County Jail Commander Schwan presented the background information. This is a two-year contract with King County Jail for jail services for the years 2023-2024. The total cost of the contract is $548,000.00 annually. Committee member Norton moved to forward the Jail Services Contract with the King County Jail to the October 18, 2022, Consent Agenda for Approval. Committee member Assefa- Dawson seconded. Motion passed. Jail Services Contract — Issaquah Jail Commander Schwan presented the background information. This is a contract with Issaquah Jail. The total cost of the contract is $402,500.00 annually. Committee member Assefa-Dawson moved to forward the Jail Services Contract with the Issaquah Jail to the October 18, 2022, Consent Agenda for Approval. Committee member Norton seconded. Motion passed. K:\PRHSPS Committee\2022\10-11-2022 Minutes.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, October 11, 2022 Summary Page 2 Interlocal Agreement Amendment between City of Federal Way and Federal Way Public Schools for School Resource Officer Commander Murphy presented the background information. The Federal Way Police Department (FWPD) has been in a partnership with the Federal Way Public School District (FWPSD) since 1997 to provide School Resource Officers at each main high school in the district. It is required by state law to renew these contracts every year. Deputy Mayor Honda asked if there are Officers at the high school football games. Commander Murphy answered that there are usually two officers at the games. Committee member Assefa-Dawson asked if Federal Way would ever consider not wearing traditional police uniforms so that they would blend in better with the students and the students would not be scared of the officers in uniform. Commander Murphy answered that this question has come up a few times and it is something that they are considering. Committee member Norton moved to forward the proposed Agreement to the October 18, 2022, Consent Agenda for Approval. Committee member Assefa- Dawson seconded. Motion passed. Ordinance: Modifying the City's Regulation of Shopping Carts Staff van Alstyne presented the background information. This is a Council and Mayor initiated ordinance that the legal department was directed to draft. The policy question is should the City amend the Federal Way Revised Code's currently regulation of shopping carts. Staff van Alstyne reviewed the current civil regulation of shopping carts and the current criminal regulation of shopping carts. One of the key parts to understanding what the ordinance seeks to do is that only unauthorized removal or possession of shopping carts with those required identification signs constitute a crime, which means that only people in possession of shopping carts that have the required identification are subject to potential arrest by the Police. The percentage of the impounded shopping carts that are currently being housed in the maintenance yard that have the compliance signs is approximately zero. Staff van Alstyne reviewed the proposed code changes to the existing ordinance. The biggest change is making possession of a shopping cart in a city right-of-way regardless of whether it is compliantly signed, a Class III infraction and specifically makes the cart subject to seizure. This is not a criminal offense it is a civil infraction. It also does not require the carts to be abandoned. To summarize it is a civil infraction that subjects the cart to seizure to be pushing a shopping cart down a sidewalk in the City. Police along with Code Enforcement would be able to issue a citation to somebody who was pushing a shopping cart anywhere in a right -of - away within the city. That cart would be subject to seizure and taken to the same place where the abandoned shopping carts are impounded. The new ordinance places the incentive on putting legally compliant signs on the carts. Another proposed change is requiring the City to develop procedures for treatment/storage of personal property in seized shopping carts. Staff is currently discussing to develop those procedures. This is something that will be streamlined over time. Committee member Assefa- Dawson has some concerns about the ordinance. She's concerned about the $1,000 fine; most people that are pushing the carts are people that don't have anywhere else to put their belongings and they're experiencing homelessness. They will not be able to pay that fine. Staff van Alstyne stated that this is a state law and it would left to the Judge's discretion. She is also concerned that businesses are not as invested in this issue because they're not addressing the cart issue with the City. She stated that they should be held more accountable to the fact that their carts are out in the City. Deputy Mayor Honda is concerned about taking possession of personal property; she does not want the City to end up in court. Staff van Alstyne stated that this is a significant potential legal issue; that's why they added language stating that the City is required to develop procedures for treatment/storage of personal property in seized shopping carts to the ordinance. Deputy Mayor Honda asked if we cannot make an arrest with this ordinance, but you can with the original ordinance then why we need this? Staff van Alstyne answered that the intent of this ordinance is to allow the city to cleanup possessed shopping carts on public right- of-way. This allows the city to go up to a non -abandoned shopping cart on the sidewalk with a person next to it and remove that shopping cart and impound it. Commander Murphy stated that there are a lot of logistics that still need to be worked out. Once they have the cart full of belongings that the person can't take with them because it's too much or too bulky, there needs to be a mechanism in place to off-load 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, October 11, 2022 Summary Page 3 their items and store them. Deputy Mayor Honda stated that there needs to be some accountability from the retail establishments; she would like an ordinance requiring every retail establishment to bring their carts in at night or lock them up. Committee member Norton agreed that the stores to need to be held more accountable and asked if this could be added to the ordinance. Staff van Alstyne answered that they could definitely add that to the ordinance. Chair Walsh suggested sending the ordinance to the full Council for further discussion. Staff van Alstyne stated that considering whether we want to incentivize the appropriate legal signage, incentivize security measures on the carts is important to figure out for this ordinance. Committee member Norton would like the whole Council to discuss this; she feels it needs more work. Committee member Assefa-Dawson moved to forward the proposed ordinance to the October 18, 2022, Council meeting for discussion. Committee member Norton seconded. Motion passed. Other Business None NEXT REGULAR MEETING November 8, 2022 ADJOURNMENT Meeting adjourned at 6:25 p.m. CITY OF .L Federal Way Centered on Opportunity This page was intentionally left blank, POLICY QUESTION: N/A COMMITTEE: PRESPS MEETING DATE: 1 1/08/2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Autumn Gressett, Contract Administrator .................................................................................................................................................................................................................................................................................................. Attachments: REPORT ON PAEC OPERATIONS Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Council Initial/Date ❑ Public Hearing ® Other — Information Onlv DEPT: Parks/PAEC DIRECTOR APPROVAL: Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 7 Performing Arts and Event Center Monthly Report — September 2022 Presented at Parks, Recreation, Human Services & Public Safety Committee November 8, 2022 5:00pm • Total Usage Days —September 11 • Theater Rentals/PAEC Presents Held in September ■ Elite Productions ■ BiAmp Systems Showcase ■ Keith Washington Concert ■ Kulwinder Billa & Shivot Concert ■ 4 rehearsals of FW Youth Sympony • Event Space Rentals Held in September ■ Amazon Training 5 days ■ Greater Federal Way Chamber Luncheon ■ Greater Federal Way Breakfast Symposium • GM — participated in Bi-Weekly regional GM conference calls • GM — participated in weekly Gala meetings and monthly Foundation Board meetings • OVG Bi-Weekly regional booking calls, Bi-Weekly national booking calls • Monthly corporate finance call • Attended City Council budget workshop • GM — participated in LTAC monthly meeting • Replaced Lighting processor for theater lights • Orchestra Pit annual maintenance and Inspection • Hired Full Time Catering & Sales Manager • Weekly budget meetings with City Staff September Marketing Recap Website Metrics Radio KNKX Sessions 3.2k up 17% Audacy Total Pageviews 7.3k up 28% Email Statistics Print FW Mirror Messages Sent 25,664 Auburn Herald Open Rate 53% Click Rate 31% TV Cascade Social Media (Facebook) last 28days Page Followers 3,739 Digital FB Post Reach 80461 Instagram Audience 74.8% Women Miscellaneous 25.2% Men City 32.6% Fed Way 8 1 Performing Arts and Event Center Monthly Report —September 2022 2019 3 Septemb777 Total Rehearsal Days Performing Arts Rentals 2 PAEC Presents Series 1 Arts 4 youth Matinees 0 Minor Concerts 0 0 2 Meetings/Banquets 2 3 3 Total Number of Events 8 9 12 Total Number of Tickets Sold 939 329 1,101 Total Gross Ticket Revenue $37,010.00 $14,294.00 $50,230.00 Total Gross Rental Revenue $5,036.00 $9,068.00 $14,616.00 Total Gross Food & Beverage Revenue $q 099.00 $3,314.00 $12,959.00 "'Federal Way Youth Symphony Rehearsals per MOU are at no cost to RAO Approalm ste cost to the PAEC perw ek: $155In Labor t $250 per rehearsal day in Utilities =$405 Four imes per month =$1620/month. (Approximate yearly cost $19,440,00) this is just rehearsals and does not include 3 performances per year. UPCOMING EVENTS Wednesday Night FW youth Symphony Rehearsals Nov. 2 — Greater Federal Way Chamber Luncheon Nov. 4-8 — King County Board of Elections Nov. 10—Ashley House Fundraiser Breakfast Nov. 12 — Kingston Trio Nov. 16- Meeting Nov. 18-19 — Fashion show & Comedy Jam Nov. 26—FREE MOVIE "ELF" CITY of Federal Way Centered on Opportunity This page was intentionally left blank. 10 COUNCIL MEETING DATE: November 15, 2022 -- _ __ ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY COVID-19 PANDEMIC FUNDING FOR PAEC POLICY QUESTION: Should the City council accept the $50,000 funding from King County for COVID-19 Pandemic Relief for the Performing Arts and Event Center? COMMITTEE: PRHSPS MEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: PRHSPS Attachments: 1. Staff Report 2, King County Award Letter & Contract Options Considered: 1. Accept the $50,000 funding from King County for COVED-19 Pandemic Relief for the Performing Arts and Event Center 2. Do not accept funding and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 'DIRECTOR APPROVAL: Co Counc Innis muc bar.Vn. COMMITTEE RECOMMENDATION: "I move to forward the proposed acceptance of the $50, 00 funding from King County to the November 15, 2022, consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed acceptance of the $50, 000 funding from King Countyfor COVID-19 Pandemic Relieffor the Performing Arts and Event Center. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFTCEI COUNCIL ACTION: ❑ APPROVED COUNCIL BILL N ❑ DENIED First reading ❑ TABLEDMEFERRERMO ACTION Enactment reading ❑ MOVED TO SECOND READING (oMinances onlYl ORDINANCE f! REWSED-11=9 RESOLUTION 11 CITY OF FEDERAL WAY MEMORANDUM DATE: November 1, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Autumn Gressett, Contract Administrator SUBJECT: KING COUNTY COVID-19 PANDEMIC FUNDING FOR PAEC Financial Impacts: The revenue to the City for KING COUNTY COVID-19 PANDEMIC FUNDING FOR PAEC will be $50,000 and will be credited to the Performing Arts and Event Center 115-Fund. The cost to the City to receive the funds are $0.00. Background Information: Upon Pete von Reichbauer's recommendation, the 2021-2022 King County budget included an expenditure restriction to direct county funding towards your organization. The budget includes $50,000 reserved for the Federal Way Performing Arts and Event Center to support arts and cultural progrians and operations during and after the COVID 19 pandemic These funds are anticipated in Quarter 4 — 2022. 12 Rev. 7/18 a MLIM King County Developmental Disabilities and Early Childhood Supports Division Department of Community and Human Services 401 Fifth Avenue, Suite 500 Seattle, WA 98104 206-263-9105 TTY Relay: 711 October 25, 2022 Mayor Jim Ferrell City of Federal Way 33325 81" Ave S. Federal Way, WA 98003 Jim.Ferrell@cityoffederalway.com RE: 2022 One -Time COVID Unmet Needs Funding Dear Mayor Ferrell, On behalf of the City of Federal Way, you have agreed to accept County one-time funding totaling $50,000 to support the Federal Way Performing Arts and Event Center's COVID-19 relief and recovery efforts. This one-time funding was included by King County Councilmember Pete von Reichbauer, District 7, in Ordinance #19479. This letter serves as the agreement between your agency and the Developmental Disabilities and Early Childhood Supports Division (DDECSD) in the King County Department of Community and Human Services (DCHS) and is effective for the period set forth in Section I of the Additional Terms, unless otherwise terminated or extended by DCHS. To acknowledge your acceptance of DCHS' terms, please sign and date on page 6. Before you can receive compensation for these services, we will need to receive the following from you: 1. King Count Substitute W-9 Form. Either affirm the attached W-9 remains accurate or submit an updated Substitute KC-W9. ® To avoid delays in processing your award, please ensure the following sections of the KC-W9 are fully completed: Physical Address, Remit Address, Tax Reporting (dame and Address and Tax Identification (dumber/Social Security Number. 2. The name of the person authorized to endorse and deposit checks for your organization. 3. The mailing address to which the check should be sent (if different from remit address on KC W-9). Please send these materials, along with any questions you may have, to Libby Brockman, Program Manager at Libby. Brockman(o)kingcounty.aov. Please feel free to contact her with any questions. Please see Section V in the enclosed Additional Terms for instructions on Billing and Compensation. 13 City of Federal Way, Contract #6325145 October 25, 2022 Page 2 of This award is conditioned upon your compliance with applicable State and County laws, and the terms and conditions stated below. Please note that future considerations of additional funding in years to come will be based in part on the receipt of the data and narrative reports within the timeframe specified above. We look forward to working with you to support emergency assistance that will address unmet need related to or resulting from the COVID-19 pandemic. Sincerely, Magan Cromar Division Director, DDECSD, DCHS Cc: The Honorable Metropolitan Kinq Countv Councilmember Pete von Reichbau-er,.._Distr_ict 7_ Leo Flor, Department Director, DCHS Christian Diaz, Chief Financial Officer, DCHS Reginald Cole, Contracts and Operations Manager, DDECSD, DCHS Libby Brockman, Program Manager, DDECSD, DCHS Enclosures: Additional Terms KC-W9 14 City of Federal Way, Contract #6325145 October 25, 2022 Page 3 of 7 Additional Terms: Agreement Period: The period of this agreement shall be between August 16, 2022 through December 31, 2022, and may be extended at increments DCHS deems necessary. II. Purpose DCHS seeks to support the King County community's path toward stabilization and recovery by addressing the inequitable impacts of the pandemic. The purpose of this funding is to support emergency assistance that will address unmet needs and/or lost revenue related to or resulting from the COVID-19 pandemic. Accordingly, the Contractor shall use the funds provided pursuant to this agreement to provide services, funding, or other types of support that promote recovery from or response to the impacts of the COVID-19 pandemic on King County communities. In order for DCHS to determine the extent by which this purpose has been fulfilled, the Contractor shall provide a written report following the end of the agreement period (as described further below). III. Reporting Requirements A written report shall be due on January 16, 2023 upon completion of the project, in which you provide a description of how these funds were used to benefit your organization and/or residents of King County to address COVID-19 pandemic relief and recovery efforts. The report shall include: A. The number of participants served; B. Aggregated demographic data elements such as race, ethnicity, zip code, gender identity, and age group; and C. Narrative responses about program implementation, successes, and challenges. At the completion of your project, please complete your report at https://www.surveymonkey,com/r/CovidUnmetNeeds and please inform Libby Brockman at Libby. Brockman Ca�kingcounty.aov, or 206-477-9028. IV. Program Deliverables In order to further DCHS' goals of addressing the impacts of COVID-19 within the community, the Contractor shall use the funds in furtherance of the purpose outlined in Section 11 and fulfill the reporting requirements as described in Section Ill. In doing so, the Contractor shall follow the deliverable schedule described below. Accurate signed invoice Within 30 days of agreement execution Written report with data elements & January 16, 2023 narrative response 15 City of Federal Way, Contract #6325145 October 25, 2022 Page 4 of 7 V. Billing & Compensation a. Compensation 1. The total amounts of payment to the Contractor for this Exhibit shall not exceed $50,000 unless otherwise approved by King County in writing. b. Billing Invoice Package 1. The Contractor shall submit a billing invoice that consists of a signed invoice statement, which shall be provided by King County, along with other reporting :requirements as stated above. 2. The funds provided hereunder may be used for expenses incurred in addressing negative impacts from the COVID-19 pandemic beginning on January 1, 2022 and through December 31, 2022. 3. The Contractor shall maintain supporting documentation that details expenditures consistent with the Purpose and will make this documentation available upon request. - _-_-4 i ne Contractor may send the invoices electronically to Libby Brockman at Libby. Brockman Akin county.gov. VI. No Employment Relationship King County and the Contractor are creating an independent contractor relationship with this Agreement. The Contractor shall not be considered an employee of the County for any purpose. The Contractor is exclusively responsible for all self-employment and income taxes, and/or other tax obligations which may arise as a consequence of payment and performance of the services under this Agreement. The County will report all income to the Contractor on IRS Form 1099. For more information, the IRS website hosts a "Self -Employed Individuals Tax Center" with guidance on tax obligations for independent contractors. VII. Representations and Warranties: A. Contractor represents and warrants that neither it nor any subcontractors are presently debarred, suspended, or proposed for debarment by the U.S. Government. B. Contractor shall notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. Debarment status can be verified at https://www.sam.gov/. C. Contractor represents and warrants that neither it nor anyone involved in this transaction was employed by the County in the past year. D. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of work. Failure to identify current or former County employees involved in this. transaction may result in the County's denying or terminating this Agreement. After award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Agreement any time during the term of this Agreement. kV City of Federal Way, Contract #6325145 October 25, 2022 Page 5 of 7 E. Contractor shall comply with applicable provisions of King County Code (KCC) 3.04 Employee Code of Ethics. Failure to comply with such requirements constitutes a material breach of this Letter of Agreement and may result in termination. F. Pursuant to KCC 3.04.060, the Contractor shall not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. If Contractor is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid' on any county contract for a period of two years. VIII. Indemnification The Contractor shall protect, defend, indemnify, and save harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or nonperformance of its obligations under this Agreement. The obligations under this paragraph 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, it, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of Washington (RCW). IX. Maintenance of Records The Contractor 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 funds and compliance with this Agreement. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor'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 42.56. X. Equipment Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 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. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XI. Additional Conditions 17 City of Federal Way, Contract #6325145 October 25, 2022 Page 6 of 7 A. The Contractor shall not discriminate against any employee or applicant for employment or employee benefits as provided in KCC 12.16.050and in King County Ordinance 14823. Failure to abide by this requirement may result in disqualification from bidding on King County contracts, remedies allowed by this agreement, other remedies allowable or provided for by law or rule. B. The Contractor shall not use any of the funds provided under this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. C. 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 Agreement. XII. Signature --The parties acknowledge this Letter of Agreement is the complete expression of the terms, and any oral or written representations or understandings not incorporated herein are excluded. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Agreement: Jim Ferrell, Mayor Date City of Federal Way ❑ The attached W-9 is correct ❑ We will submit an updated KC W-9 form Individual authorized to endorse and deposit checks for your organization: Mailing address to which the check should be sent (if different from remit address on your KC W-9): City of Federal Way, Contract #6325145 October 25, 2022 Page 7 of 7 KC W-9: L9 Request for Taxpayer identification number and Give form to King County. KING COUNTY Certification Do not send to IRS. SUBSTITUTE W-9 Name ( as shown on Invoice) Business I ype ❑ Association ❑C-Corporation ❑ S-Corporation ❑ Disregarded Entity ❑ Division ETGovernment ❑ Individual ❑ Limited Liability Company: Enter tax classification (C=C-Corporation, S=S-Corporalion, P=Partnership` ,— ❑ Non Profit ❑ Partnership ❑ Sole Proprietor ❑ TrustlEstate Business RegistrationInformation Enter where you are registeredto do business and the corresponding State Registration Number State: w 15 H I�J6` *i)-Y-/ Re istrattan Number. �'/ Purchasing Lcication information�� Physical Address .-�-�' yJ, r� ,.> r- tA F,2 k40 City , State, and Zip Remittance Information Remit Address (if different than above) City , State, and Zip - Tax Reporting Name and Tax identification Number or Social Security Number Enter your Tax reporting Name and address. The Tax Identification number provided must match the name given on the "Tax Reporting Name" line. For individuals, this is your social security number (SSN). Tax Reporting Name 5� a ? 4f t A t)e Tax Reporting Address act Tax Reporting City, State, and Zip Tax Identification Number, Employer Identification Number or Social Security Number (enter numbers only): Under penalties of perjury, I certify that: 1. The number shown on this form is my correct tax reporting name and identification number. 2. i am a U.S. citizen, U,S. person or U.S. Business Entity. 3. 1 am not subject to backup withholding due to failure to report interest and dividend income. 4. 1 am exempt from FATCA reporting. Certification instructions. If you are not a U.S. citizen, U.S. person or U.S. Business Entity, you must cross out item 2 above. Y( t will need t-o�p`rovi e a ompleted Kill ojunty W9 form as well as a 7cpy oof your W-8, Sign Hei_..—�--------fr h Ito .�."'..L. Print Name of Signer Date Signed Version:_3 King Cmn-ty Substitute W9 Dated 61112018 __ 19 I CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. 20 COUNCIL MEETING DATE: NOVEMBER 15, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAGRALIE TRACK REPLACEMENT COMPLETION AND RELEASE OF RETAINAGE POLICY QUESTION: Should the City Council accept the Saghalie track replacement as complete and authorize staff to release the retainage? COMMITTEE: PRHSPS MEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Parks Attachments: 1. Staff Report 2. Before/After Pictures Options Considered: 1. Approve acceptance of the project as complete and allow for release of the retainage payment. 2. Do not approve acceptance of the project as complete, nor allow release of the retainage payment, and provide direction to staff. MAYOR'S RECOMMENDATION: MAYORAPPROVAL: DIRECTOR APPROVAL: M /lsaL COMMITTEE RECOMMENDATION: "I move to forward the proposal to the November 15, 2022 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of acceptance of the Saghalie track replacement as complete, and authorize the Mayor to release the retainage payment. " /BELOW TO BE COMPLETED BY CITY CLEM S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLEDIDEFERREDNOACYION Enactment reading ❑ MOVEDTO SECOND READING (erdinanceson/y) ORDINANCE REVISED- I1/2019 RESOLUTION # 21 CITY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Deputy Director SUBJECT: Completion of Saghalie Track Replacement and Release of Retainage History On June 7, 2022, Council authorized staff to replace the failing rubberized track at Saghalie Park. The City contracted with Beynon to provide labor andmaterials to replace the rubberized track in the amount of $338,321.89. Federal Way Public Schools partnered on this project and committed to pay for half of the work per the memorandum of understanding (MOU). Recreation Manager Cody Geddes secured a $150,000 grant from King County for this project, which significantly reduced the cost to the City. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. On October 17, 2022 staff met with representatives of Beynon and verified that the track replacement was complete including all punch list items. Financial Impacts: FWPS: $169,160.95 CFW: $ 19,160.95 KC — YASG $150.060.00 Project total: $338, 321.89 Retainage amount held: 5% retainage held from the project before tax = $12,336.85 22 Rev. 7/18 Thank you to our partners! d Saghalie track before and after ITV KingCwu y Feral Wa FEDERAL WAY de PARKSy PUBLIC SCHOOLS l� ' IFm L'.. e _,�.+ ��s COUNCIL MEETING DATE: November 15, 2022 ' _ _ ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES AGREEMENT— NISQUALLYJAR, POLICY QUESTION: Should the Federal Way Police Department enter into a multiyear agreement with the Nisqually Jail forjail services at the cost of approximately $200,000.00 annually? COMMITTEE: PRHS&PSC MEETING DATE: Nov 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: KurtSchwan, Professional_ Standards Commander DEPT Police Attachments: L Staff Report 2. Nisqually Jail Services Agreement Options Considered: I. Approve the proposed Jail Services Agreement with Nisqually Jail. 2. Do not approve the proposed Jail Services Agreement with Nisqually Jail and provide direction to MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement. MAYORAPPROVAL:/Y&d_DIRECTOR APPROVAL: c cwaci Initialmate InniallD to COMMITTEE RECOMMENDATION: I move to forward the Jail Services Agreement with Nisqually Jail to the November 15, 2022, Council consent.agendafor approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Agreement with Nisqually Jail and authorize the Mayor to sign said agreement". (RELOWTO BECOMPLETED BYCITYCLERK'S OFFICE) COUNCILACTION: - ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERREDNO AMON Enactment reading ❑ MOVED TO SECOND READING(ordaum. only) ORDINANCE REVISED— IM017 RESOLUTION # 25 CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Agreement — Nisqually Jail Financial Impacts: The Nisqually Jail is a new addition to Federal Way Police Department's (FWPD) jail services providers that will be utilized to house our inmates. The estimated annual cost to utilize the Nisqually Jail will be approximately $200,000.00. Background Information: On January 1, 2020, the Federal Way Police Department moved away from a sole source jail services provider and began utilizing multiple jail facilities to accommodate our jail services needs while also creating an overall annual savings of $2,085,672 to the jail budget. Since the transition, the department has operated within the allocated budget in part due to the reduction of jail services COVID pandemic The Nisqually Jail will be a new jail services provider that will be utilized to house inmates. It will replace the Yakima Jail, which is no longer accepting Western Washington inmates, and will be used for housing long term commitments. The projected annual cost to utilize the Nisqually Jail is approximately $200,000.00. This projection was made from FWPD's most recent Average Daily Population (ADP) numbers, as well as the monetary increases due to the contract expenses being directly related to local CPI, which is up approximately 9.0% from a year ago. As stated above, the Nisqually Jail will be a facility used for long term committals, not a primary booking location for FWPD officers when housing misdemeanor violators. The Nisqually Jail provides medical and mental health services that other contracted jail services providers do not offer. For these reasons, adding Nisqually Jail to our available inmate housing options would be in the best interest of the police department and the City of Federal Way. 26 Rev. 7/18 NISQUALLY JAIL SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this day of 202_, by and between the Nisqually Indian Tribe, a Federally Recognized Indian Tribe, hereinafter referred to as "Nisqually" and the City of City of Federal Way, hereinafter referred to as "Federal Way." This agreement is for the housing of inmates of Federal Way in the Nisqually Detention and Corrections Center hereinafter referred to as "jail" pursuant to Chapters 39.34 and 70.48 RCW. THE PARTIES HEREBY AGREE as follows: 1. SERVICE. Nisqually shall care for prisoners placed in the custody of officers of the Nisqually Jail and cooperate with the City to arrange for video hearings. The term "prisoner" shall include any person arrested, sentenced by the court or held under authority of any law or ordinance of Federal Way; 2. REFUSAL OF PRISONERS. The Nisqually Police Chief or the Nisqually Corrections Director shall have the right to refuse to accept custody if in their opinion the prisoner does not meet medical (or other) criteria for booking. The Nisqually Corrections Director may also refuse to accept custody of a prisoner if doing so would result in overcrowding of the jail, or health, safety or security risks. Nisqually similarly shall have no obligation to receive a Federal Way prisoner into custody absent proper documentation providing a legal basis for confining the prisoner. Federal Way shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for -cause termination of this Agreement. 3. CARE. "Care" shall mean to provide room and board; to provide for the prisoner's physical needs; to retain the prisoner in custody; and to supervise and maintain proper discipline and control. In, addition, prisoners housed pursuant to this Agreement shall be subject to the same rules and regulations required of other prisoners housed in the Nisqually Jail. Such rules and regulations shall comport with Washington state law, and federal law regarding issues of civil rights and due process of prisoners. 4. DURATION OF CONTRACT. The of this agreement shall be for five (5) years, beginning January 1, 2023, which term shall automatically extend for no more than two (2) additional five (5) year terms absent written notice provided in writing at least six months prior to the expiration of the current term. The agreement may be terminated without cause by either party by providing the other party with sixty (60) days written notice. Notice shall be deemed proper when provided to: Jail Services Agreement Between Nisqually and Federal Way Page I 27 Federal Way: Chief of Police Federal Way Police Department 33325 81" Ave S, Suite #101 Federal Way, WA 98003 Nisqually: Chief Executive Officer Nisqually Indian Tribe 4820 She-Nah-Num Dr. S.E. Olympia, WA 98513 RELEASE. Prisoners will only be released when they have served their full time unless release is authorized by any other provision of this Agreement or is ordered by a court of competent jurisdiction. 6. NO GUARANTEED MINIMUM BED SPACE. Nisqually does not guarantee bed space. Bed space will be provided on a space -available basis. Nisqually shall have sole and unfettered discretion in determining whether or not space is available. Federal Way shall immediately transport any prisoner denied booking off the Nisqually Reservation. Dumping of inmates on or near the Nisqually Reservation shall be grounds for immediate termination of this Agreement. 7. RATE/PAYMENT. Federal Way shall pay to Nisqually the amount of $130.00 per day (Basic Inmate Rate) per inmate for care. A 'day" is the twenty -four-hour period beginning at 12:00 a.m. and ending at 11:59 p.m. in the Pacific Time Zone. Basic Inmate Rate will increase by 5% annually on January 1. Federal Way shall pay such invoices within 30 days of receipt. Interest at the rate of 12% per annum shall be charged on all past due accounts. Without prejudice to any other contract rights available to it, if Federal Way does not pay the invoice within Sixty (60) days of receipt of invoice, Nisqually, acting through its Police Chief, will not accept prisoners until the delinquent amount is paid in full. MEDICAL CARE. Each party shall be responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement as listed in Exhibit A, attached hereto, and incorporated herein; provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Federal Way so that such insurance may be utilized. In the event that a prisoner requests non -urgent medical care, Nisqually shall contact Federal Way for approval. Federal Way shall provide Nisqually with the names and telephone numbers of designated contact people who shall be available on a twenty - Jail Services Agreement Between Nisqually and Federal Way Page 2 four-hour basis. Failure of Federal Way to approve medical care shall relieve Nisqually of liability to Federal Way for any injury resulting therefrom the event that Nisqually deems a prisoner to be in need of urgent or emergency care, Nisqually shall make the best efforts to contact Federal Way, but may take any action it deems necessary to provide the prisoner with the needed care without obtaining prior approval, and said action(s) shall not affect Federal Way's responsibility for paying for such medical care as required by this Agreement. Federal Way shall reimburse Nisqually promptly for all medical expenses incurred by Nisqually for services that are the responsibility of Federal Way under Exhibit A, "Medical Expenses." 9. TRANSPORTATION. Federal Way shall be solely responsible for furnishing transportation for prisoners housed pursuant to this Agreement. Federal Way may request that Nisqually provide necessary transportation and Nisqually shall make best efforts to provide such transportation, subject to staff availability, but shall not be obligated to provide such transportation. Federal Way shall reimburse Nisqually for costs incurred for transportation. Such costs shall include mileage at the rate of $1.00 per mile, plus labor and overhead (0.5 x labor). Nisqually shall not transport any prisoner without the express agreement of Federal Way unless such transportation is required by a court order or because of a medical emergency. 10. CUSTODY TRANSFER. Officers of Federal Way placing a prisoner in custody of Nisqually will be required to remain in the immediate presence of the prisoner at all times until relieved of custody by Nisqually Corrections Staff. Booking out and/or release of Federal Way's prisoners shall be the responsibility of Federal Way Officers. Federal Way shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for -cause termination of this Agreement. 11. CITY ACCESS TO PRISONERS. All Federal Way police officers and investigators directed by the Federal Way City Attorney shall have the right to interview the prisoner inside the confines of the Nisqually Jail subject only to necessary security rules. Interview rooms will be made available to Federal Way police officers in equal priority with those of any other department, including the Nisqually law enforcement personnel. 12. RELEASE OF FEDERAL WAY PRISONERS FROM NISQUALLY. No Federal Way Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Federal Way Police Department in writing; b. By Order of the Federal Way Municipal Court in those matters in which they have jurisdiction, or upon Order of the King County Jail Services Agreement Between Nisqually and Federal Way Page 3 29 District Court or the King County Superior Court in those matters in which said courts have jurisdiction; C. For appearance in the court in which a Federal Way prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the Federal Way prosecuting attorney, Federal Way appointed public defender, or member Federal Way Police Department; f. If the prisoner has served his sentence or the charge pending against said prisoner has been dismissed or bail or other recognizance has been posted as required by the courts. 13. INDEMNIFICATION. Federal Way shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Federal Way in performance of this Agreement. Federal Way's indemnification obligation shall also extend to all claims, suits and actions relating to the medical care of prisoners housed under this Agreement which result from the failure of Federal Way to approve such care or for any reason other than injuries and harm resulting from the negligent or intentional acts or omissions of Nisqually or its officers. 14. NOTICE OF CLAIMS. In the event that.a claim or lawsuit is brought against Federal Way or Nisqually arising from or related to this Agreement, the party shall promptly notify the other party of said claim or lawsuit. 15. INSURANCE. Each party shall obtain and maintain occurrence -based insurance that provides liability coverage in the minimum liability limits of ten Million Dollars ($10,000,000.00) per occurrence and ten Million Dollars ($10,000,000.00) in the aggregate for its conduct in creating liability exposure related to the confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for any liability occurrence during the policy period, regardless of when any claim or lawsuit is filed. Further, Federal Way will name the Nisqually Indian Tribe, its officers and.employees as Additional Insureds, for any acts or omissions by Federal Way creating liability or exposure in the performance of this Agreement. Nisqually will similarly list Federal Way as an Additional Insured. 14.1 CERTIFICATE OF INSURANCE. Federal Way agrees to provide Nisqually with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is Jail Services Agreement Between Nisqually and Federal Way Page 4 30 sufficient to address the insurance obligations set forth above. A copy of the certificate shall be provided annually and for the duration of this agreement. 16. CHOICE OF LAW. This Agreement shall be interpreted under the laws of the state of Washington. 17. DISPUTE RESOLUTION. If either party disputes any portion of an invoice, they will provide the other party written notice within thirty (30) days. The notice shall detail the amount in question and the grounds for withholding all or a portion of the amount billed or any other basis for the dispute. Authorized representatives of each party shall attempt to resolve the dispute by negotiation within thirty days of notification. If such negotiation is unsuccessful the parties shall apply to Judicial arbitration and Mediation Service (JAMS) or such other alternate dispute resolution as the parties agree, for the appointment of an arbitrator whose decision shall be final and binding on the parties. Each party shall be responsible for paying one-half of the arbitrator's fees. Each party will bear their own costs and legal fees. The arbitrator shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. This dispute resolution procedure shall only be available for disputes over amounts due for services provided under this agreement. 18. CONSENT TO JURISDICTION AND TRIBE'S EXPRESS LIMITED WAIVER OF SOVEREIGN IMMUNITY The Nisqually Indian Tribe is a Sovereign Nation with all immunities attendant thereto WITH THE FOLLOWING EXCEPTION THAT THE PARTIES TO THIS AGREEMENT HAVE SPECIFICALLY NEGOTIATED: The Nisqually Indian Tribe does hereby expressly consent to jurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to this agreement and/or their affected officers, officials, and employees, concerning the interpretation of this agreement, enforcement of any of its provisions, and any complaints or counterclaims for monetary damages and/or equitable relief for any alleged or actual breach of any provision of this agreement and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. For this limited purpose only, the Nisqually Indian Tribe does hereby expressly waive its sovereign immunity from suit or defenses in the courts of the State of Washington for any such legal claim or complaint for the interpretation and/or enforcement of this agreement, and/or for any complaints or counterclaims for monetary damages or Jail Services Agreement Between Nisqually, and Federal Way Page 5 31 equitable relief for any breach of this agreement, and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. 19. NO THIRD -PARTY BENEFICIARIES. This Agreement is made for the sole benefit of Nisqually and Federal Way, and no other person or entity shall have any right, benefit, or interest under or because of this Agreement. No other parties are intended to be, or shall be determined to be, direct or incidental beneficiaries of this Agreement. 20. NO WAIVER. The failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provisions. Further, any express waiver by any party with respect to any breach of any provision hereunder by any other party shall not constitute a waiver of such party's right to thereafter fully enforce each and every provision of this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and may be changed only by an agreement in writing signed by the Parties. 22, INVALID PROVISIONS. Should any provisions of this Agreement be held invalid, the remainder of the Agreement shall remain in effect [THIS SPACE INTENTIONALLY LEFT BLANK, SIGNATURE PAGE TO FOLLOW] Jail Services Agreement Between Nisqually and Federal Way Page 6 32 IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the day of , 202_. CITY OF FEDERAL WAY: Jim Ferrell, Mayor / Date Attest: Stephanie D Courtney, City Clerk/Date Approved as to legal form only: J. Ryan Call, City Attorney/Date Jail Services Agreement Between Nisqually and Federal Way Page 7 NISQUALLY TRIBE: CEO NISQUALLY TRIBE 33 EXHIBIT- A MEDICAL EXPENSES NISQUALLY TRIBE SHALL BE RESPONSIBLE FOR: Initial Screening _ Intake Screening Nurse Sick Call Physician Sick Call Physical if housed longer than 14 days Routine lab work that can be completed in the facility Routine medications, other than biologicals / non -formulary medications Mental health assessments and basic services that can be provided in -facility CITY OF FEDERAL WAY SHALL BE RESPONSIBLE FOR: Pre -booking medical Urgent Care Facility Visits Emergency Room Visits Hospitalizations, including the cost of security provided by Nisqually Personnel. Agency will reimburse Nisqually for each attending officer at the time -and -one-half overtime rate of $48.50 per hour. Non -Formulary / Biological Medications _ Ultra Sounds Ambulance Services Body Cavity Collection of Evidence / Searches OBGYN Care / Prenatal Care Vision Mental Health Long Term Care Auxiliary lab work and X-Rays _ W Dental West Pierce Fire and Rescue Response Other Specialty and all services provided outside the facility Jail Services Agreement Between Nisqually and Federal Way Page 8 34 COUNCM MEETING DATE: November CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES AGREEMENT -SCORE JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a 2-year agreement with the SCORE Jail for jail services at the cost of approximately $1, 100,000 annually? COMMITTEE: PRHS&PSC MEETING DATE: Noy 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. SCORE Jail Services Agreement Options Considered: 1. Approve the proposed Jail Services Agreement with SCORE Jail. 2. Do not approve the proposed Jail Services Agreement with SCORE Jail and provide direction to MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement MAYOR APPROVAL: 10 (:IX 6W" DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Jail Services Agreement with the SCORE Jail to the November 15, 2022, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the Jail Services Agreement with the SCORE Jail and authorize the Mayor to sign said agreement ". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL N ❑ APPROVED ❑ DENIED First reading ❑ TABLEDNEFERRED/NOACTION Enactment reeding ❑ MOVED TO SECOND READING (o,dlrcn.only) ORDINANCE# REVISED-IM017 - RESOLUTION 35 CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Agreement — SCORE Jail Financial Impacts: The SCORE Jail is one of the jail services providers Federal Way Police Department (FWPD) utilizes to house our inmates. The projected annual cost to utilize the SCORE Jail is approximately $1,100,000. Background Information: On January 1, 2020, the Federal Way Police Department moved away from a sole source jail services provider and began utilizing multiple jail facilities to accommodate our jail services needs while also creating an overall annual savings of $2,085,672 to our jail budget. Since the transition, the department has operated within the allocated budget in part due to the reduction of jail services COVID pandemic The SCORE Jail is one of the jail services providers utilized to house FWPD inmates. The projected annual cost to utilize the SCORE Jail is approximately $1,100,000. This projection was made from FWPD's most recent Average Daily Population (ADP) numbers, a 15-bed guarantee agreement, as well as the monetary increases due to the contract expenses being directly related to local CPI, which is up approximately 9.0% from a year ago. The SCORE Jail is one of our primary booking locations for officers when housing misdemeanor violators due to location and services available. The SCORE jail provides medical and mental health services that other contracted jail services providers do not offer. For this reason alone, FWPD should continue to utilize the SCORE Jail for prisoner 36 Rev. 7/18 INTERLOCAL AGREEMENT FOR INMATE HOUSING THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between the SOUTH CORRECTIONAL ENTITY, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE") and the CITY OF FEDERAL WAY a municipal corporation organized under the laws of the State of Washington (hereinafter the "Contract Agency" together with SCORE, the "Parties" or individually a "Party"). RECITALS WHEREAS, SCORE was formed by its Owner Cities (as defined herein) as a governmental administrative agency pursuant to RCW 39.34.030(3) to operate and maintain a consolidated correctional facility located in the city of Des Moines (the "SCORE Facility") to serve the Owner Cities, federal and state agencies and other local governments that contract with SCORE from time to time to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the. Contract Agency desires to transfer custody of certain inmates to SCORE to be housed at the SCORE Facility; and WHEREAS, this Agreement is entered into by and between the Parties pursuant to chapters 39.34 and 70.48 RCW, which provide for interlocal agreements for sharing of correction/detention facilities between local governments; In consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto mutually agree as follows: SECTION 1. DEFINITIONS. Terms defined in the recitals of this Agreement are incorporated herein as if fully set forth in this Agreement. Capitalized terms used herein shall have the following meanings. Terms not otherwise defined herein shall have the meanings set forth in the Interlocal Agreement. Detainer means a legal order authorizing or commanding another agency a right to take custody of a person. Commencement Date means January 1, 2023. Contract Agency Inmate means a person or persons subject to the Contract Agency's custody who is transferred to SCORE's custody under this Agreement. Daily Bed Rate means the daily rate the Contract Agency is charged to occupy a general population bed, as set forth in Exhibit A. Daily Surcharge Rates means any of the following special charges as defined in Exhibit A: Daily Surcharge Rates: Medical -Acute; Mental Health -Acute; and Mental Health -General Population. Guaranteed Bed Rate means a reduced Daily Bed Rate - Guaranteed, as set forth in Exhibit A. Inmate means a person or persons transferred to SCORE's custody to be housed at the SCORE Facility. The term "Inmates" includes Contract Agency Inmates. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 page 1 of 17 37 Interlocal Agreement means the Amended and Restated SCORE Interlocal Agreement dated as of October 1, 2009 and amended and restated on December 11, 2019, as it may be further amended from time to time, executed among the parties thereto for the purpose of forming SCORE. Mental Health - Residential Beds means Inmates clinically determined by SCORE Health Services Provider, or its successor charged with the same duties, as needing ongoing mental health care services and specialized housing in SCORE's Mental Health - Residential Unit. Medical — Acute Beds means an Inmate clinically determined by SCORE Health Services Provider, or its successor charged with the same duties, as needing the level of medical services and housing provided in SCORE's medical clinic. Mental Health — Acute Beds means an Inmate clinically determined by SCORE Health Services Provider, or its successor charged with the same duties, as needing the level of psychiatric services and specialized housing in SCORE's Mental Health - Acute Unit. Owner City has the meaning set forth in the Interlocal Agreement. Non -Guaranteed Bed Rate means a higher daily housing bed rate and subject to availability, as set forth in Exhibit A. SCORE Facility means the correctional facility maintained and operated by SCORE located at 20817 17th Avenue South, Des Moines, WA 98198. Termination Date means December 31, 2024 SECTION 2. TERM. This Agreement shall commence at 12:00 a.m. PST on the Commencement Date and terminate at 11:59 p.m. PST on the Termination Date, unless sooner terminated by either Party in accordance with this Agreement. This Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to the Parties. SECTION 3. INMATE HOUSING AND SERVICES. Subject to the terms of this Agreement, SCORE hereby agrees to accept Contract Agency Inmates and to provide housing, care, and custody of those Contract Agency Inmates pursuant to SCORE policies and procedures. Additional related services and associated fees, if any, to be provided to Contract Agency Inmates and/or the Contract Agency are listed in Exhibit A. To the greatest extent permitted by law, SCORE shall have the right to refuse to accept an individual in custody of the Contract Agency or to return any Contract Agency Inmate to the Contract Agency for any reason, including but not limited to if, in the sole discretion of SCORE, such individual presents a substantial risk of escape, of injury to self or other persons or property, of adversely affecting or significantly disrupting the operations of the'SCORE Facility, and/or has a medical illness or injury that makes housing such individual not in the best interest of SCORE or other Inmates as described in Exhibit D. Final acceptance of an individual based on illness or injury is determined upon approval of medical staff at the time of booking. SECTION 4. COMPENSATION: In consideration of SCORE's commitment to provide housing and related services for Contract Agency Inmates, the Contract Agency agrees to pay SCORE the fees and charges set forth in Exhibit A. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 2 of 17 W Such fees and charges may include, but are not limited to, booking, daily bed rate, medical and specialty, mental health, transportation, security, other charges and/or negotiated fees. SCORE may from time to time revise the fees and charges for housing and related services under this Agreement during the term of this Agreement. SCORE shall give advance notice of any change to its fees and charges for such service in order to allow the Contract Agency sufficient time to adjust its annual budget. Unless otherwise agreed to by the Parties hereto, any new fees and charges under a new fee schedule shall become effective on January 1 of the following year. The Contract Agency shall acknowledge receipt of the rates and charges schedule in writing and such acknowledgement shall be deemed to be an amendment to this Agreement and incorporated as if fully set forth herein without the necessity of a formal amendment or separate approval by the legislative authority of the Contract Agency or the Administrative Board of SCORE. SECTION 5. TRANSPORTATION, BOOKING, CLASSIFICATION, DISCIPLINE AND RELEASE PROCEDURES. A. Transportation. The Contract Agency is responsible for the transportation of Contract Agency Inmates to the SCORE Facility, including all costs associated therewith. B. Booking. Contract Agency Inmates shall be booked pursuant to SCORE's booking policies and procedures. Pursuant to RCW 70.48.130, and as part of the booking procedure, SCORE shall obtain general information concerning the Contract Agency Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a Contract Agency Inmate is entitled. The information is used for third party billing. C. Classification, Contract Agency Inmates shall be classified pursuant to SCORE's classification policies and procedures, and within the sole discretion and reasonable judgment of SCORE. The Contract Agency shall provide sufficient information regarding each Contract Agency Inmate as needed to allow SCORE to make such classification. Contract Agency Inmates shall be assigned to housing pursuant to SCORE's policies and procedures, and within the sole discretion and reasonable judgment of SCORE as provided in Exhibit F. D. Inmate Discipline. SCORE shall discipline Contract Agency Inmates according to SCORE policies and procedures and in the same manner which other Inmates are disciplined; provided, however, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable Inmate, up to and including the removal of earned early release credits as approved by the Contract Agency. E. Release. Except for work programs or health care, if no probable cause determination is made as required by law, and during emergencies, Contract Agency Inmates shall not be removed and/or released from the SCORE Facility without written authorization from the Contract Agency or by the order of a court of competent jurisdiction. If SCORE becomes aware that there has been no probable cause determination as required by law, and the person is still in SCORE's custody, SCORE will notify the Contract Agency that the person must be released unless written proof that the probable cause determination was made is provided. Other jurisdictions may "borrow" a Contract Agency Inmate according to policies and procedures of SCORE and as listed in Exhibit G. Contract Agency Inmates will be transported at the time of release as follows: SCORE will release each Contract Agency Inmates to the Contract Agency at a mutually agreeable location. Alternatively, SCORE will provide transportation upon release to either the closest Owner City of South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 3 of 17 39 arrest, or the Owner City of residence, whichever is closer, unless confirmed transportation is available at the time of release. Additional fees, if any, for transportation outside of King County are included in Exhibit A. Contract Agency Inmates for whom bail is posted, or who otherwise have a right to be released, may choose to remain in custody at the SCORE Facility by signing written waiver and return to the Contract Agency by the regularly scheduled transport, be released to a family Owner or friend with confirmed transportation, or be released via private taxi. SECTION 6. INMATE MEDICAL RECORDS, CLOTHING, BEDDING, PROPERTY AND WORK PROGAMS. A. Inmate Medical Records. Should a Contract Agency Inmate receive medical care for injuries or illness at the time of arrest and prior to booking at the SCORE Facility, the Contract Agency shall provide medical documentation pertaining to injury or illness to SCORE at the time of booking if - the Contract Agency has access to such records. If the Contract Agency cannot provide such records, SCORE, in its sole discretion, may refuse to accept a Contract Agency Inmate. B. Inmate Property. SCORE agrees to provide each Contract Agency Inmate with necessary or appropriate clothing and essential hygiene items. SCORE shall accept, hold and handle, and return any Contract Agenc�I Inmate property in aCcnrdance with SCORE's policies and procedures, and shall be responsible only for Contract Agency Inmate property actually delivered into SCORE's possession. In the event a Contract Agency Inmate is being transported from a Contract Agency designated detention or correction facility, it will be the responsibility of the Contract Agency to process the Contract Agency Inmate's property not delivered and accepted into SCORE's possession as provided in Exhibit E. C. Work Programs. SCORE may assign'Contract Agency Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties pursuant to SCORE's policies and procedures and within the sole discretion and judgment of SCORE. D. Visitation. SCORE shall provide reasonable scheduled visitation for Contract Agency Inmates. Inmate visitation may be accessible via video connection by third party provider at off -site locations for an access fee. Complimentary video visit access is available at the SCORE Facility. Confidential telephones or visitation rooms shall be available to a Contract Agency Inmate to communicate with his or her legal counsel. E. Inmate Accounts. SCORE shall establish and maintain a non -interest -bearing account for each Contract Agency Inmate. Upon returning custody of a Contract Agency Inmate to the Contract Agency, SCORE shall transfer the balance of that Contract Agency Inmate's account that is not subject to charges, to the Contract Agency Inmate or to the Contract Agency in the form of cash, check, debit card or other agreed upon method in the name of the Contract Agency Inmate. SECTION 7. HEALTH CARE. SCORE shall provide in -facility medical care commonly associated with corrections operations as guided by American Correctional Association (ACA) or National Commission on Correctional Health Care (NCCHC). Contract Agency Inmates shall be responsible for co -payment for health services according to SCORE policy. The Contract Agency shall not be responsible to SCORE for Contract Agency Inmate co - payments. No Contract Agency Inmate shall be denied necessary health care because of an inability to pay for health services. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 4 of 17 40 In -facility medical, dental, and mental health services are included in the daily rate set forth in Exhibit A. Should a Contract Agency Inmate require medical, mental health, dental, and/or other medical services at an outside medical or health care facility, SCORE shall notify the Contract Agency's designee (either by written or electronic means) within a reasonable time period before the Contract Agency Inmate receives such medical, mental health, dental or any other medical services. Notwithstanding the foregoing, the Contract Agency acknowledges that such notice may not be reasonably possible prior to emergency care. Except to the extent that a Contract Agency Inmate can pay pursuant to Section 5.13, the Contract Agency shall pay for all medical, mental health, dental or any other medical services or equipment that are required to care for Contract Agency Inmates outside of the SCORE Facility in addition to the charges listed in Exhibit A. Lack of prior notice shall not excuse the Contract Agency from financial responsibility for such expenses and shall not be a basis for imposing financial responsibility for related medical expenses on SCORE. SCORE shall bear the expense of any such medical care necessitated by improper conduct of SCORE, or of its officers or agents. If a Contract Agency Inmate is admitted to a hospital, the Contracting Agency will be responsible for hospital security unless other arrangements are made with SCORE. SCORE, in its sole discretion, may, or at the request of the Contract Agency shall, provide hospital security services for an additional charge as provided in Exhibit A. SECTION 8. DETAINERS. Warrants and Contract Agency Inmates in a "Detainer" status shall be handled according to SCORE policies and procedures and as provided in Exhibit B attached hereto. SECTION 9. RELEASE OF HOLDS AND COURT APPEARANCES. If a court of limited jurisdiction releases a hold on a Contract Agency Inmate still incarcerated at the SCORE Facility, SCORE will not facilitate further court appearances of that Contract Agency Inmate except if the Contract Agency wishes to use the video arraignment system at the SCORE Facility. SECTION 10. ESCAPE; DEATH. If a Contract Agency Inmate escapes SCORE's custody, SCORE shall notify the Contract Agency as soon as reasonably possible. SCORE shall use all reasonable efforts to pursue and regain custody of escaped Contract Agency Inmates. If a Contract Agency Inmate dies while in SCORE custody, SCORE shall notify the Contract Agency as soon as reasonably possible. The King County Medical Examiner shall assume custody of the Contract Agency Inmate's body. Unless another agency becomes responsible for investigation, one or more Owner City shall investigate and shall provide the Contract Agency with a report of its investigation. The Contract Agency may participate in the investigation. If another agency becomes responsible for investigation, SCORE shall serve as a liaison or otherwise facilitate the Contract Agency's communication with and receipt of reports from the other agency. The Contract Agency shall provide SCORE with written instructions regarding the disposition of the Contract Agency Inmate's body. The Contract Agency shall pay for all reasonable expenses for the preparation and shipment of the body. The Contract Agency may request in writing that SCORE arrange for burial and all matters related or incidental thereto and the Contract Agency shall be responsible for all costs associated with this request. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 5 of 17 41 SECTION 11. REPORTING AND INSPECTION. SCORE agrees to use reasonable efforts to work with the Contract Agency to provide access to and/or reports from jail management systems that provide statistical information about Inmates. The Contract Agency shall have the right, upon reasonable advance notice, to inspect the SCORE Facility at reasonable times. During such inspections, the Contract Agency may interview Contract Agency Inmates and review Contract Agency Inmates' records. The Contract Agency shall have no right to interview'Inmates housed for other jurisdictions or to review their records unless Contract Agency is properly authorized to do so by the Inmate or the other jurisdiction. SECTION 12. TECHNOLOGY. SCORE and the Contract Agency may each permit the other continuous access to its computer database regarding all Contract Agency Inmates housed by SCORE. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the Contract Agency and appropriate computer(s) of SCORE. SECTION 13. BILLING AND PAYMENT. SCORE shall provide the Contract Agency with monthly statements itemizing the name of each Contract Agency Inmate; the number of days of housing, including the date and time booked into thehe CrnDC Facility d date and time released from SCORE' and itamizatinn of any additional JI..V I\L i al.l lily all all: I 7 charges including a description of the service provided, date provided and reason for service. Payment shall be due to SCORE within 30 days from the date the bill is received. SCORE may bill the Contract Agency electronically. Payments not received by the 30th day shall bear interest at the rate of 1% per month until payment is received. Any fees or charges for Inmates housed on charges from multiple agencies (including but not limited to outside medical care) will be divided equally among those agencies. SECTION 14. BILLING DISPUTE RESOLUTION. The Contract Agency must provide written notice of dispute to SCORE within 60 days of billing or other disputed charges. SCORE shall respond in writing to such disputes within 60 days of receipt of such disputes. SCORE and the Contract Agency shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful, either Party may refer the dispute to the SCORE Operations Board for resolution. The decision of the SCORE Operations Board is the final internal administrative remedy the Contract Agency must exhaust before pursuing other contractual, legal, equitable, or alternative dispute resolutions. SECTION 15. INDEPENDENT CONTRACTOR. In providing services under this Agreement, SCORE is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the Contract Agency for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the Contract Agency under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a Party to this Agreement. SECTION 16. HOLD HARMLESS, DEFENSE, AND INDEMNIFICATION. SCORE shall hold harmless, defend, and indemnify the Contract Agency, its elected officials, officers, employees, and agents from and against_ any and all suits, actions,_ claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 6 of 17 42 property while in SCORE custody) that result from or arise out of the acts or omissions of SCORE, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of SCORE's services, duties, and obligations under this Agreement. The Contract Agency shall hold harmless, defend, and indemnify SCORE, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights (unless the Contract Agency has affirmatively notified SCORE in writing that a probable cause determination has been made within 48 hours of the arrest of the person bringing the claim), injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate property while in SCORE custody) that result from or arise out of the acts or omissions of the Contract Agency, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the Contract Agency's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the Contract Agency and SCORE in connection with or incidental to the performance or non- performance of the Contract Agency's and or SCORE's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the Contract Agency and SCORE shall each be liable for its proportionate concurrent negligence in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this section, or this Agreement shall be construed to create a right in any third party to indemnification or defense. SCORE and the Contract Agency hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. SECTION 17. INSURANCE. SCORE and the Contract Agency shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. SCORE and the Contract Agency shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policies shall provide coverage on an occurrence basis. Each Party shall provide to the other Party at least 30 days advance notice of any cancellation, suspension or material change in coverage. SECTION 18. TERMINATION. Either Party may terminate this Agreement, with or without cause, by providing the other Party with 90 days written notice of termination as provided in RCW 70.48.090, South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 7 of 17 43 SECTION 19. RECORDS. The Parties hereto shall maintain all records, reports, and documents created, held or maintained under this Agreement and the services to be provided hereunder in accordance with chapter 42.56 RCW (the Washington Public Records Act), chapter 40.14 RCW (Preservation and Destruction of Public Records) and all other applicable federal, state and local laws and regulations. SECTION 20. OPERATION OF SCORE FACILITY; PRISON RAPE ELIMINATION ACT. SCORE shall manage, maintain, and operate the SCORE Facility in compliance with all applicable federal, state, and local laws and regulations. SCORE acknowledges and complies with the terms of the Prison Rape Elimination Act regarding custodial sexual misconduct as set forth in Exhibit C. SECTION 21. HIPAA AND HITECH COMPLIANCE. The Parties shall comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Health Information and Technology for Economic and Clinical Health Act (HITECH Act) as applicable, which relate to the Parties' responsibilities under this Agreement, as well as state laws and regulations including chapter 70.02 RCW. SECTION 22. EQUAL OPPORTUNITY. Neither Party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, veterans and military status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (chapter 49.60 RCW) or the Americans with Disabilities Act (42 USC 12110 etseq.). SECTION 23. MISCELLANEOUS. A. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the Parties solely because of this Agreement. B. Assignment, This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by a Party to any other person or entity without the prior written consent of the other Party. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the assigning Party stated herein. C. Non -Waiver. The failure of either Party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. D. Severability. If this Agreement, or any portion of this Agreement, is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If any dispute arises between the Parties under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. F. Attorneys' Fees. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each Party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit each Parties' right to indemnification under this Agreement. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 8 of 17 44 G. Approval and Filing. Each Party shall approve this Agreement by resolution, ordinance, motion or otherwise pursuant to the laws of the governing body of each Party. The signatures of the authorized signatories below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed and/or posted pursuant to chapter 39.34 RCW. H. Amendment. Except as otherwise provided in Section 4 of this Agreement, no waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless evidenced in writing signed by duly authorized representatives of both Parties. I. No Joint Venture or Partnership. No joint venture, separate administrative or governmental entity, or partnership is formed as a result of this Agreement J. Compliance with Applicable Laws and Standards. SCORE agrees to manage the Contract Agency Inmates and the SCORE Facility in accordance with applicable federal and state laws and regulations and to maintain staffing levels at the SCORE Facility in sufficient numbers and rank to maintain the safety of the public, staff, Inmates, and to reasonably carry out the provisions of this Agreement. K. Continuation of Performance. In the event that any dispute or conflict arises between the Parties while this Agreement is in effect, the Parties hereto agree that, notwithstanding such dispute or conflict, they shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Provided that if the Contract Agency fails to pay for the services provided by the SCORE, SCORE can cease providing such services until payment is made. Representatives• Notices. The individuals listed below the signature blocks included in this Agreement are designated as representatives of the respective Parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the Party making the change shall notify the other Party. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent electronically or by certified or registered mail, return receipt requested, addressed as provided after the signature blocks included in this Agreement, or to such other address as may be designated by the addressee by written notice to the other Party. M. Entire Agreement. This Agreement, together with any subsequent amendments, constitutes the entire Agreement between the Parties and supersedes all prior agreements for inmate housing between the Parties. SECTION 24. EXECUTION. This Agreement shall be executed by the Parties hereto by their duly authorized representative. This Agreement may be executed in one or more counterparts. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 9 of 17 45 THIS AGREEMENT is hereby effective as of the Commencement Date. SOUTH CORRECTIONAL ENTITY Signature Print Name - Title Date NOTICE ADDRESS: SOUTH CORRECTIONAL ENTITY 20817 17th Avenue South Des Moines, WA 98198 Attention: Devon Schrum, Executive Director Email: dschrum@scorejail.org Telephone: (206) 257-6262 Fax: (206) 257-6310 City of Federal Way Contract Agency Name Signature Print Name -Title Date ATTESTED BY: Signature NOTICE ADDRESS: Federal Way Police Department 33325 8th Ave S, Ste.101 Federal Way, WA 98003 Attention: Kurt Schwan, Commander Email: kurt.schwan@cityoffederalway.com Telephone: (253) 835-6875 Fax: DESIGNATED REPRESENTATIVE FOR PURPOSES OF DESIGNATED REPRESENTATIVE FOR PURPOSES THIS AGREEMENT: OF THIS AGREEMENT: Name: Devon Schrum Name: Kurt Schwan Title: Executive Director Title: Commander South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 10 of 17 46 Exhibit A FEES AND CHARGES AND SERVICES Booking Fee: 1 $50.00 Daily Housing Rates: General Population —Guaranteed Beds $138.43 No. of Beds: 15 General Population — Non -Guaranteed Beds $199.00 Daily Rate Surcharges:' Mental Health — Residential Beds Medical - Acute Beds Mental Health —Acute Beds Health Care Services In -Facility Care Co -Payments Outside Medical Services Emergency Care Pharmaceuticals Transportation Fees: SCORE Officer Transport Security Services: Hospital Security Video Court: In -Custody Arraignment Other Terms & Conditions: $159.00 $217.00 $278.00 Included Inmate responsibility Contract Agency billed Contract Agency billed Medications billed to Contract Agency $75.00/per hour $75.00/per hour Included Fees charges and services will be annually adjusted each January 1st. ' The Booking Fee will be charged to the jurisdiction responsible for housing the inmate 2 Surcharges are in addition to daily housing rates and subject to bed availability 3 Guided by American Correctional Association (ACA) and/or National Commission on Correctional Health Care (NCCHC) South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 11 of 17 47 Exhibit B WARRANTS/OTHER COURT ORDERS/DETAINERS The following shall apply to Contract Agency Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers: 1. When receiving a Contract Agency Inmate, the booking officers at SCORE shall review all paperwork provided by the Contract Agency for all grounds to hold the Contract Agency Inmate. 2. Prior to releasing a Contract Agency Inmate, SCORE shall check the NCIC and WACIC systems to determine if the Contract Agency Inmate is subject to any valid warrants or other detainers. a) If the Contract Agency Inmate is subject to a warrant that is limited to King County, SCORE will, upon receiving written permission (e-mail) from the Contract Agency, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, SCORE will not assume responsibility to serve any such warrants. b) If the Contract Agency Inmate is subject to a warrant from a western Washington jurisdiction outside King County, SCORE will either process the Inmate for transfer on the Cooperative Transport Chain or provide transfer to a jurisdiction that participates in Cooperative Transport Chain. C) If the Contract Agency Inmate is subject to a warrant from an eastern Washington jurisdiction, SCORE will send the Inmate to a jurisdiction that participates in the Cooperative Transport Chain. d) If, upon return from SCORE to the Contract Agency, the Inmate is subject to a warrant that provides for statewide extradition, SCORE will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini- Chain. South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 12 of 17 M Exhibit C PREA ACKNOWLEDGMENT - CUSTODIAL AND SEXUAL MISCONDUCT 1. Compliance SCORE agrees to ensure that all of its employees, contractors, vendors, and volunteers that have contact with Contract Agency Inmates comply with all federal and state laws regarding sexual misconduct including, but not limited to: a) The Prison Rape Elimination Act of 2003 (PREA) b) The standards for adult Prisons and Jails or Community Confinement Facilities, whichever is applicable, as promulgated by the US Attorney, and C) Zero tolerance toward all forms of sexual abuse and sexual harassment. 2. Monitoring SCORE agrees to provide the Contract Agency documented compliance with the Federal Prison Rape Elimination Act standards. Monitoring may include, but is not limited to: a) Site visits, b) Access to facility data, and C) Review of applicable documentation. 3. Contract Agency may terminate this Agreement a) Should SCORE fail to provide documentation that demonstrates that the SCORE is actively and effectively working toward and is making substantive progress toward achieving compliance; or b) Should SCORE fail to maintain PREA compliance between auditing periods, after being given a reasonable opportunity to cure. 4. The Contract Agency will terminate this Agreement a) Should SCORE elect to discontinue pursuit of PREA compliance; b) Should SCORE be found in noncompliance through a PREA Audit and fail to cure such noncompliance within the identified time -frames; or C) Should SCORE be found to be in egregious violation of PREA. South Correctional Entity (SCORE) Housing Agreement Page 13 49 Exhibit D MEDICAL ACCEPTABILITY SCORE shall determine the medical and mental acceptability of Inmates for booking or housing using the following guidelines. However, final acceptance is based upon approval of medical staff at the time of booking. Excluding criteria include but are not limited to: 1. Signs of untreated broken bones or dislocated joints. 2. Any injury or illness requiring emergency medical treatment. 3. Unconsciousness. 4. Inmates unable to stand and walk under• their own power, unless they normally use an assistive device, such as a wheelchair, for mobility. 5. Bed bound individuals. 6. Individuals with attached IV or requiring IV medications. 7. Individuals requiring the use of oxygen tanks. 8. AMA (Against Medical Advice) from the hospital. 9. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case -by -case basis. 10. Wounds with drainage tubes attached. 11. Persons with Alzheimer's, dementia, or other psychological conditions to the point where the Inmate cannot perform activities of daily living ("ADL's") or who do not have the capacity to function safely within a correctional environment. 12. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 13. Persons undergoing chemotherapy and/or radiation treatment. 14. Persons undergoing dialysis. 15. Persons with suicidal ideations or gestures within the past 72 hours. 16. Persons, if prescribed, who have not taken psychotropic medications for at least 72 hours. 17. Persons who have by self -disclosure, admitted to attempting suicide within the last 30 days. 18. Persons who have attempted suicide during their current incarceration. 19. Persons displaying current psychotic episode. South Correctional Entity (SCORE) Housing Agreement Page 14 50 Exhibit E PROPERTY 1. SCORE will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products. c) Food products in packaging that have been opened. d) Any type of weapon (includes pocket knives). e) Liquids. f) Helmets or any kind. g) Large items that will not fit into a common paper grocery bag. h) Material deemed to be contraband. SCORE will limit property returned with the Inmate to the Contract Agency according to these criteria. South Correctional Entity (SCORE) Housing Agreement Page 15 51 Exhibit F CLASSIFICATION SCORE maintains a classification plan to guide staff in the processing of individuals brought into the facility. The plan includes an initial screening process, as well as a process for determining appropriate housing assignments (28 CFR 115.42) and uses an objective screening instrument and procedures for making decisions about classification and housing assignments. The plan includes, and not limited to, an evaluation of the following criteria: 1. Behavior during arrest and intake process 2. Potential risk of safety to others or self 3. Medical needs 4. The inmate's own perception of his/her vulnerability 5. Any other criteria as deemed appropriate by the Executive Director or designee The Contract Agency shall supply SCORE with the following Classification related information, if known to or in possession of the Contract Agency: 1. If the Contract Agency Inmate has been classified to a special housing unit. 2. If the Contract Agency Inmate has been classified as protective custody. 3. If the Contract Agency Inmate: a) Is a violent offender or has displayed violent behavior during present or past incarcerations b) Is identified as a threat to law enforcement c) Is an escape risk South Correctional Entity (SCORE) Housing Agreement Page 16 52 Exhibit G BORROWING One contracting agency may "borrow" another Contract Agency's Inmate as follows: 1. If a Contract Agency requests the transport of another contracting agency's Inmate from SCORE the requesting agency must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies SCORE in writing (e-mail) of its approval, SCORE shall provide the requested transport to the requesting agency. SCORE will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the Inmate. 2. Once custody of the Inmate has been transferred to the requesting agency, it is the responsibility of the requesting agency to determine whether the Inmate shall be returned to the custody of SCORE, and if so, the requesting agency shall make all necessary and proper arrangements with SCORE and any agency with rights to custody of the Inmate, for the Inmate's return according to the terms of this Agreement. The requesting agency, to the full extent permitted by law, defend, indemnify, save and hold harmless SCORE as provided in Section 16 of the Agreement. 3. SCORE will not track the Inmate once he or she has left the SCORE Facility. 4. If the Inmate is returned to the custody of SCORE, the requesting agency shall provide SCORE with sentencing/charge information. The requesting agency shall supply all pre -sentence, and post - sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid SCORE in determining split billing and release dates. 5. SCORE will transport the Inmate only to an agency that also contracts with SCORE for Inmate housing. South Correctional Entity (SCORE) Housing Agreement Page 17 53 CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. 54 COUNCIL MEETING DATE: November 15, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) CONTRACT AMENDMENT FOR FISCAL YEAR (FY) 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) POLICY QUESTION: Should: the City of Federal Way, Federal Way Police Department accept the amended MOU Contract for the Edward Byrne Memorial Justice Assistance Grant (JAG) for FY 2019? COMMITTEE: PRHS&PSC. MEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Diane Shines, Civilian_O erap [ions Mang_ DEPT Police Attachments: 1. Staff Report FY2019 JAG - Extension 2. FY2019 JAG MOU Contract Amendment 1 3.2019-DJ-BX-0906 Federal Way MOU Contract - Original Options Considered: 1. Approve the FY 2019 JAG Amendment. 2. Do not approve FY 2019 JAG Amendment MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed FY 2019 JAG Grant MOU Contract Amendment to the November 15, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed FY 2019 JAG Grant MOU Contract Amendment. " (BELOW TO BE COMPLETED B F CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL N ❑ DENIED First reading ❑ TABLEDMEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE0 REVISED - 4/2019 RESOLUTION M 55 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 8, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Fiscal Year (FY) 2019 Edward Byrne Memorial Justice Assistance (JAG) Grant — Contract Extension Financial Impacts: The Federal Way Police Department completed all projects, and the City is awaiting final reimbursement. There is no financial impact to the City's general fund or to the police department's operating budget. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The City of Seattle is the Fiscal Agent, and as such, amended Memorandum of Understanding Contract, Article I: Term of Agreement as follows: The term of the agreement shall be amended from the performance end date of 9/30/2022 to 9/30/2023. All other terms and conditions of the original agreement, as amended, will remain in effect. The City of Federal Way's acceptance of the amended MOU Contract for FY 2019 Edward Byrne Memorial Justice Assistance Grant is in line with the goals and stated purposes for services or projects of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.). 1 56 The City of Seattle Seattle Police Department AMENDMENT NO. 1 t TO Memorandum of Understanding- Contract Contract #20-00582 THIS AGREEMENT is made and entered into by and between The Seattle Police Department (SPD), a department of the City of Seattle, hereinafter referred to as "SPD", as represented by the Chief of Police, and the City of Federal Way: The original Agreement is amended as follows. All other terms and conditions of the original Agreement, as amended, remain in effect. ARTICLE I: TERM OF AMENDMENT The term of the agreement shall be amended from a performance end date of 9/30/22 to 9/30/23. FUNDING SOURCE GRANT AWARD TITLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation Must match registered name in DUNS FEDERAL AWARD ID # DUNS NUMBER CDFA NUMBER 2019-DJ-BX-0906 FEDERAL AWARD DATE 790597814 !! SUBAWARD!PERIOD OF 1 PERFORMANCE START DATE #16.738 SUBAWARD PERIOD OF PERFORMANCE END DATE 09/18/2019 FUNDS OBLIGATED FOR THIS _ AGREEMENT $44,766 10/01/2018 TOTAL GRANT AWARD $672,410 09/30/2023 amended FEDERAL AWARD AGENCY DOJ, BJA NOW THEREFORE, the parties hereto have executed this Amendment to the Edward Byrne Memorial Justice Assistance Grant by having their representatives affix their signatures below. Amendment Histor for reference our oses on : History Brief Description of Change Original Amendment 1 $44,766 Performance end date extended to 9/30/23 Total $44,766 The parties have executed this Amendment by having their representatives sign below. CITY OF FEDERAL WAY Jim Ferrell Mayor Date SEATTLE POLICE DEPARTMENT Brian G. Maxey Chief Operating Officer Date 57 Page 1 1 Page I 1 Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8 Ave S Federal Way, WA 98003 City of Federal Way 1,5 #20-00582 m IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way Jit roll, ayor Date; �. City of Seattle Mar Baird, Chief Operating Officer Seattle Police Department Date, V21 Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi -jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $672,410 in the justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application and 9 did; and WHEREAS, the City of Seattle ("City"), as the identified Fiscal Agent, had DOJ submit the joint application to the Bureau of justice Assistance on Aug 22, 2019 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of justice Assistance has awarded $672,410 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this award, is to distribute grant funds to co -applicants, the City intends to transfer some of the JAG funds it receives to those co -applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE, the parties hereto agree as follows: Page 12 City of Federal Way 1.5 #20-00582 M] This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2022 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.)) The JAG Program is `the,primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections anti community mrrertinnc; druor treatment and enforcement; crime virtim and witness initiatives; and planning, evaluation; and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of justice, Office of Justice Programs, Bureau of Justice Assistance, solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City's receipt of appropriated federal funds. The Subrecipient agrees that it will not hold the City or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. In the event that the Department of Justice requires the City to repay awarded funds for failure to comply with Special Conditions 31- 41 listed in Attachment A, the Subrecipient will repay the City any funds it received under this Agreement that the City is required to repay to the federal government. Subrecipient further acknowledges and agrees that the City may reject federal funds if it is required to comply with Special Conditions 31-41 as a prerequisite for receiving these funds. Subrecipient will not pursue the City for such funds but may be able to pursue the federal government. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2019 Justice Assistance Grant Program Award # 2019-DJ-BX-0906. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents. All special conditions stated in the award documents apply to the execution of this contract. All Subrecipients are assumed to have read, understood, and accepted the Award as binding. Page13 City of Federal Way 1.5 #20-00582 60 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2019 Local Solicitation. Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation. All Subrecipients are assumed to have read, understood, and accepted the Local Solicitation as binding. 5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient's first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and program guidance. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2017 award from the Office of justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non -Federal entities that expend $750,000 or more in one fiscal year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133- Audits of States, Local Governments, and non -Profit Organizations. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass -through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. Page 14 City of Federal Way 1.5 #20-00582 Al e, If applicable, once any single audit has been completed, the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: Faye Landskov, JAG Program Manager Seattle. Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 f. In addition to sending a copy of the audit, the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts, ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment 13: JAG Budget Worksheet, as approved by BJA. Attachment B is attached to and made part of this agreement. Page 15 City of Federal Way 1.5 #20-00581 62 The work shall, at all times, be subject to the City's general review and approval. The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE Vc PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $44,766. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov. 2. M-aMLEayMjM1 The Subrecipient shall submit reimbursement requests not more than monthly, and at least quarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request, the Subrecipient shall submit: r Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) ■ These documents and invoices must be kept on file by the Subrecipient and be made available upon request by the City or to state or federal auditors, for at least six years after the closure of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met, payment shall be made by the City to the Subrecipient. Submit invoicing to Submit Documentation to Fiscal Accounts Payable Fa e Landskov, JAG Program Manager Page 16 City of Federal Way 1.5 #20-00582 63 Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient's adherence to Special Conditions 31-41 in the Grant Award and Special Conditions documents. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOJ, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. ARTICLE VIIo AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. Page 17 City of Federal Way 1.5 #20-00582 64 COUNCIL MEETING DATE: November 15, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FISCAL YEAR (FY) 2021 EDWARDBYRNE MEMORIAL JUSTICE ASSISTANCE (JAG) GRANT— SCANX SCOUT KIT PORTABLE X-RAY PURCHASE POLICY QUESTION: Should the City Council authorize the purchase of X-Ray equipment from WMD Tech, LLC withfunds from the FY 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant Program? COMMITTEE: PRHSPSCMEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT, BY: Diane Shines, Civilian O erations Manager DEP1': Police Attachments: 1. Staff Report FY2021 JAG ScanX Scout Kit Portable X-Ray 2. WMD Tech Quote EST-000235 Options Considered: 1. Approve the FY 2021 JAG X-Ray Equipment Purchase. 2. Do not. approve FY 2021 JAG X-Ray Equipment Purchase MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: COMMITTEE RECOMMENDATION: ` I move to forward approval of the purchase ofX-Ray equipment with FY 2021 JAG Grant funds to the November 15, 2022 consent agenda for approval. " Committee Chair _ Committee Member - Committee Member PROPOSED COUNCIL MOTION: "I move approval of the purchase of X-Ray equipment with FY 2021 JAG Grant funds. 'BELOW TO BE COMPLETED BY'. TI CLERX'SOPF/CE) COUNCIL ACTION: COUNCIL BILL # ❑ APPROVED ❑ DENIED First reading ❑ TABLEDDEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinance, on(y) ORDINANCE# REVISED-4=9 - RESOLUTION# 65 CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant Program — ScanX Scout Kit Portable X-Ray Equipment Purchase Financial Impacts: JAG funds support investment in technology and equipment improvements to enhance safety, improve efficiencies and services to the Community through the Police Department. There will be minimal impact to City funds. Sales tax may not be covered by the grant and will be absorbed by the police department's operating budget. Total project allocation: $39,550. Background Information: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The Federal Way Police Department Bomb Disposal Unit (BDU) is requesting authorization to purchase the ScanX Scout Kit Portable X-Ray from WMD Tech, LLC, a sole source vendor, through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for $34,305. The ScanX Scout Kit Portable X-Ray replaces the Logos X-ray system which is inoperable and no longer technologically supported. The ScanX Scout is a high performance portable digital X-ray system, which combines high sensitivity flexible film plates, a rugged battery powered image plate reader, and a laptop to reveal fine wire and electronic component details. The ability to correctly identify the electronic components in detail allow for fast and accurate decision making when handling explosive devices. 66 Rev. 7/18 ScanX Scout is an essential piece of bomb disposal equipment, an industry standard for bomb disposal teams nationwide, and is used at the Hazardous Device School where all police bomb disposal technicians are trained. 67 Rev. 7/18 WMDTech, LLC 5116 W Emerald st BOISE Idaho 83706 (208) 639-2107 Tax ID : 30-0713219 UEI: EYT3W4HTNRL5 CAGE: 55QZ5 DUNNS: 826416146 Certifications: HubZone, SDVOSB Bill To Federal Way Police Department Mike Wedel 33325 8th Ave. South Federal Way, WA 98003 Subject : SCAN X SCOUT 1 ScanX Scout D5000-SB (WMDTech KIT) SKU : 01 SD5000-SB-S ScanX Scout Kit (WMDTech) ScanX Scout, Digital Image Plate Portable X-ray Full System - ScanX Scout incorporates the latest in digital x-ray technology producing high resolution images from 300 microns down to 50 microns using flexible x-ray image plates. ScanX Scout is primarily used by Military and Police EOD, IEDD and Search Teams, prisons and building security managers for mobile security investigation such as searching unattended bags and suspicious packages. It also has a multitude of other uses such as Estimate Date Expiry Date Reference# Sales person 1.00 34,200.00 Kit Quote # EST-000235 20 Sep 2022 01 Nov 2022 Q B4329 Jake Berryman 34,200.00 forensic work, weapons exploitation and the inspection of artefacts, artwork and industrial testing. ScanX Scout is fully portable operates from its own in built battery and is easily set up and deployed for x-ray capture in less than 2 minutes by one person. Kit includes: ScanX Scout with battery Model D5000-SB SVS USB, Powercord, 2 Plate Wipes, 2 Cleaning Sheets 1 Brush, Driver Disk Dell Latitude 3590 Core i5 (2) Plate Protector "14x17" (2) General Purpose Image Panels "14x17" Sub Total 34,200.00 Shipping charge 105.00 Total $34,305.00 Notes Looking forward for your business. Terms & Conditions This document is considered confidential & proprietary property of WMDTech LLC. The information contained herein is not to be sold, disclosed, or reproduced in whole or part without written consent by WMDTech. Product availability, pricing and delivery dates are based upon current information at the time of quote. All information is subject to confirmation at the time of order. Final shipping costs may vary, and WMDTech reserves the right to modify shipping costs to match final actual costs charged by the shipping carrier. e- � all $ ' I; tr',("'�. � €p �" �e M� 1., a.. 9�. P...1 �,,.,I�,r � ,ACITY OF �61 Federal Way Centered on Opportunity This page was intentionally left blank. 70 COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SURIECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $22,000.00 from the WTSC for DUI, Speeding, Motorcycle, and Distracted Driving enforcement? COMMITTEE: PRHSPSC MEETING DATE: Nov 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police Attachments: 1. PRHSPSC Memo - 2. IAA Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal 2. Reject Proposal Option 1— Accept Proposal MAYORAPPROVAL: -"1OlaI � IIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: `Y move to forward the proposed agreement to the November 15, 2022 City Council Consent Agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of proposed agreement and authorize Chief Andy Hwang to sign the agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL DILL d ❑ DENIED V"reading ❑ TABLEDAEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE# REVISED— 112016 RESOLUTION # 71 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 8, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and the Federal Way Police Department Financial Impacts The Federal Way Police Department would be eligible for $22,000 in reimbursement funds for FC..,..... .�' 7 a ITI c+_---at.--_ r,r_.. i- -� ^'-`---.. ram.•_ r oiiicei o"vel—Lille O17keu vii DV15,'3peeuiiig, ivrotoreycie, anu iiistracLeu iiriving enforcement. Background The Federal Way Police Department enforces traffic laws throughout the city to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day to day staffing level. However, increasing the number of officers on patrol will yield better enforcement results and likely have a larger and longer lasting impact on traffic, issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from a grant. The goal is to reduce,traffic related deaths and serious injuries through education of impaired driving, occupant protection, speeding, and distracted driving HVE patrols throughout the state. Simply put, this agreement would allow the City of Federal Way to put more of its police officers on the road with these traffic enforcement goals while knowing it will be reimbursed for the overtime expense. The areas of enforcement the agreement emphasizes are impaired driving, seat belt use, distracted driving, motorcycle safety, and Target Zero Teams (DUI). This interagency agreement is very similar to what the city had last year. 72 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND FEDERAL WAY POLICE DEPARTMENT THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and FEDERAL WAY POLICE DEPARTMENT hereinafter referred to as "SUB -RECIPIENT." In FFY2023, the Washington Traffic Safety Commission has delegated the management and oversight of this project to the Washington Association of Sheriffs and Police Chiefs (WASPC) by contractual agreement. WASPC will act as WTSC's agent in the management and oversight of this project. WTSC will establish agreements with all participating agencies before transferring responsibility to WASPC. WTSC reserves the right to contact participating agencies regarding any elements of this contract. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.600 for traffic safety grant project 2023-HVE-4689-Region 7 & 8 Target Zero Task Force, specifically to provide funding for the law enforcement agencies in WTSC Region 7 & 8 to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB -RECIPIENT with the goal of reducing traffic crashes. Grant 2023-HVE-4689-Region 7 & 8 Target Zero Task Force was awarded to the Region 7 & 8 to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB - RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region's HVE grant. Page 1 of 18 73 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2022, and remain in effect until September 30, 2023, unless terminated sooner, as provided herein. 3. SCOPE OF WORK Problem and Opportunity Statement The main causes of serious injury and fatality collisions on Washington's roadways are driver impairment through drug and/or alcohol use, and distracted driving. In addition, nearly one in every three fatal crashes between 2016 and 2020 involved speeding as a contributing factor. Despite an increased seat belt use rate in 2021, the number of unrestrained fatalities.and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have increased over 30 percent and serious injuries have increased 58 percent. Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. In 2020, Washington experienced a 40 percent reduction in proactive traffic safety enforcement across the state. Crash data from 2018 — 2022 (year to date for 2022) in Region 7 & 8 are in alignment with the strategic planning process at the regional June law enforcement committee meeting. Impairment and speed were the most common cause of serious injury and fatal crashes each year. The data in the table below show the number of fatal and serious injuries associated with impairment and speed are increasing over the past few years and are of great concern. Additionally, the number of fatal and serious injuries due to distraction and motorcycle safety remain elevated and require additional enforcement focus. Film Ems Region 7 & 8 data (see table below) show the number of crashes involving unrestrained occupants for 2018 — 2022 (year to date for 2022) has been increasing over the past few years and requires additional enforcement efforts: Page 2 of 18 74 In Region 7 & 8, while most fatal and serious injury crashes are caused by impairment and speed, there are also high incidents of crashes caused by distraction and involving motorcycles and unrestrained occupants. Project Purpose and Strategy: This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory: • Impaired driving enforcement during the Holiday DUI campaign (December 14, 2022 — January 1, 2023). • Distracted driving enforcement during the Distracted Driving campaign (April 3 —10, 2023). • Seat belt enforcement during the Click It or Ticket campaign (May 15 —June 4, 2023). • Impaired driving enforcement during the Summer DUI campaign (August 16 — September 4, 2023). These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination with the WSP. Goal Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP) HVE events will be data informed; based on crash data, an evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. Page 3 of 18 75 2. The SUB -RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFST refresher training. 3. SUB -RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 4. SUB -RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on an irregularities, challenges or other details that would help explain what was encountered during their shift. SUB -RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. 5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed. Proiect Intent and Best Practice 1. SUB -RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2022, Distracted Driving campaign in April 2023, Click It or Ticket campaign in May 2023, and Summer DUI campaign in August 2023). NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant. 2. SUB -RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regional task force will be submitting quarterly operational plans and SUB -RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October 15, December 15, March 15, and June 15. 4. Participating officers should maximize their contacts during their patrols so that their activity contributes to the goals of the event. 5. SUB -RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. It is a best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6. SUB -RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7. When participating in motorcycle patrols SUB -RECIPIENT should focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. Page 4 of 18 76 8. When participating in motorcycle patrols SUB -RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. 9. Mentorship for Impaired driving: The Task Force may engage a DUI mentorship program to train additional officers for DUI related activities. Best practice for DUI mentorship includes 16 hours of instructions to an officer wanting to engage further in DUI emphasis activities. Up to 16 hours of overtime or straight time will be approved to both mentor/mentees. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of ARIDE training. Mentor/mentee activities will be pre -approved by the TZM or LEL after the mentee submits their interest. 3.1. NATIONAL AND STATE-WIDE MOBILIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. Mobilization Dates Holiday DUI U Drive. U Text. U Pay. December 15, 2022 —January 1, 2023 April 3 —10, 2023 Click It or Ticket May 15 —June 4, 2023 It's a Fine Line (optional if funded) DUI Drive Sober or Get Pulled Over July 7 — 23, 2023 August 16 — September 4, 2023 3.2. COMPENSATION 3.2.1. Compensation for the straight time or overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region's traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.2.2. WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: 10. FICA Page 5 of 18 77 11. Medicare 12. Any portion of L & I that is paid by the employer (SUB -RECIPIENT) 13. Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB - RECIPIENT and the TZM. These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan.. 3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for examp►e any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. 3.2.5. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB -RECIPIENT has received prior approval from their region's TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB -RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.7. The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. Page 6 of 18 3.2.8. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $270,000 to the Region 7 & 8 Traffic Safety Task Force for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB - RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task force and TZM to be eligible for reimbursement. The funding (Section 402, CFDA 20.600) for Region 7 & 8 is as follows: EMPHASIS PATROL Impaired Driving Patrols $105,300 Distracted Driving Patrols $46,800 Click It or Ticket $28 800 Speed $64,800 Motorcycle Safety $24,300 TOTAL $ 270,000 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this. Agreement shall be made by the WTSC. Page 7 of 18 79 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB - RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 8. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbursement of HVE activities will be done using the WTSC's grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2023, must be received by WTSC no later than August 10, 2023. All invoices for goods received or services performed between July 1, 2023 and September 30, 2023, must be received by WTSC no later than November 15, 2023. Page 8 of 18 Eri' 11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB- RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of Page 9 of 18 M. publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if c"i`rh clai"! r.c"It from the concurrent negligence of /a1 the S IB-RECIPIFnITitc officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors; or subcontractors. 17.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 19. INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB -RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20 LICENSING ACCREDITATION AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, Page 10 of 18 accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB -RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the-WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and"/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Page 11 of 18 EM Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will besought, how any rights will be administered, and other actions required to protect the public interest. 24_ SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or Page 12 of 18 failure. If the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT, or which results from the failure on the part of the SUB -RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB -RECIPIENT'S employees, agents, or sub -contractors. 31. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): Page 13 of 18 M. 32. BUY AMERICA ACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. Page 14 of 18 M. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant.in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34 THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB -RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. Page 15 of 18 87 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the Daraeraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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. 36.1.2. 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 undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. Page 16 of 18 EsW 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 36.2. 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. 38 POLITICAL ACTIVITY (HATCH ACT) The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. Page 17 of 18 RE 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursement regarding this Agreement: The Contact for the SUB- RECIPIENT is: The Target Zero Manager for Region 7 & 8 is: The Contact for WTSC is: Lt. Brigham Schulz g Region 7 Target Zero manager Jerry Novielio Federal Way PD Rebecca Lis 206-477-5085 erram WTSC Pro Manager g g Brigham. Schulz@cityoffed riis(c@kingcountv.gov jnoviello@wtsc.wa.gov eralway.com Region 8 Target Zero Manager 360-725-9897 253.835.6743 Sara wood 253-856-5856 swood@kentwa.gov 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. WASHINGTON TRAFFIC SAFETY COMMISSION Signature Signature Printed Name Printed Name Title Title Date Date Page 18 of 18 Olt COUNCIL MEETING DATE: November 15, 2022 _TTEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC SAFETY TESTING (PST) -SERVICE AGREEMENT POLICY QUESTION: Should the Federal Way Police Department enter into a multiyear agreement with Public Safety Testing for entry-level officer testing and Lieutenant Assessment Center services at a cost of approximately $37,000 annually? COMMITTEE: PRHSPSC MEETING DATE: Nov 8, 2022 CATEGORY ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Prafessi9nalStandards Commander DEPT! Police Attachments: 1. Staff Report 2. PST Service Agreement 3. PST Lieutenant Assessment Center proposal Options Considered: 1. Approve the proposed Public Safety Testing Service Agreement and Assessment Center Proposal. 2. Do not approve the proposed Public Safety Testing Service Agreement and Assessment Center __. _ ,Proposal and provide direction,to staff__ —._---- MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement and proposal. MAYOR APPROVAL' 9 (.(� DIRECTOR APPROVAL: ••• /a AV Co Co rat, Con c Imae ate ..; an. Inwal/D �e COMMITTEE RECOMMENDATION: 1 move to forward the Public Safety Testing Service Agreement and Assessment Center Proposal to the November 15, 2022, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the Public Safety Testing Service Agreement and Assessment Center Proposal and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL q ❑ DENIED First reading ❑ TABLEDMEFERRED/NO ACTION Enaetmeal reading ❑ MOVED TO SECOND READING (ordinarcrns anly) ORDINANCE# REVISED -t2/20❑ - RESOLUTION 91 CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing Service Agreement Financial Impacts: Public Safety Testing (PST) provides entry-level police officer testing and Lieutenant Assessment Center services to the Federal Way Police Department (FWPD) as part of the hiring and promotional processes conducted by the department. The estimated annual cost to utilize PST is approximately $37,000.00, annually (the amount may vary slightly on an annual basis as some of the expense is determined by the number of candidates tested). Backl4round Information: In January 2016, the FWPD transitioned police officer testing from an internal process to an external process utilizing PST. PST was and continues to be regularly vetted by both our Human Resources (HR) Department and Civil Service Commission. With regard to officer testing, PST works primarily with HR to facilitate testing opportunities for candidates and maintains a web -accessible database that HR uses to draw eligible candidate names from for our hiring processes. The FWPD also utilizes PST for the internal Lieutenant Assessment Center process, which is a multi -faceted testing process to evaluate the quality and character of the candidates. The assessment center is typically conducted once annually in order to assure a current and valid eligibility list is maintained. PST is a professional company providing exemplary service and work product. I recommend we continue our partnership with PST due to their proven and positive track record. 92 Rev. 7/18 SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre -employment testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a Subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and the City of Federal Way, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein. SUBSCRIBER: City of Federal Way, WA POSITIONS: The following positions are included in the fee structure in Attachment A (Subscriber may post any or all positions in a category at no additional charge): • Law Enforcement Officer (entry-level and/or BLEA certifed and/or lateral) COMMENCEMENT DATE: January 1, 2023 PROFESSIONAL FEES: Professional fees are described in Attachment A, which are incorporated herein by this reference. Each annual renewal beyond the initial term includes a 4% increase in fees described in Attachment A. TERMINATION: This agreement is for an initial one-year term and will automatically renew annually unless either party provides a 60-day notice as outlined in Section 7. 1. Description of Basic Services. This Agreement begins on the date as noted on page one (1) of this Agreement. The Contractor will provide the following services to the Subscriber: 1.1 Outreach and recruitment support, application intake processing, and administration of pre -employment written examinations and/or physical ability tests for those positions noted on Page One (1) of this Agreement. 79 1.1.1 Written examinations are administered in -person at Contractor's test events, including those conducted by Subscribing agencies, remotely through a network of certified college testing facilities; and, through the Contractor's online, virtual in -home testing program. 1.1.2 Physical ability tests for law enforcement and corrections applicants are administered at Contractor's test events, including those conducted by Subscribing agencies, through a network of partner gym and fitness facilities, and through the Contractor's online, virtual in -home testing program (V-PAT). 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. Contractor will report "raw" test scores to the Subscriber — no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws. Written examination scores will be reported to the Subscriber as a percentage score (based on 100%) and physical ability test scores will be reported as "Pass" or "Fail". The passing score for written examinations is set by the test developer at 70%. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from or out of a claim or challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es). "Other testing process(es)" means any test or testing process other than those provided by the Contractor under this Agreement. 1.4 Term & Fees. The term of this agreement and the related professional fees are noted on page one (1) of this Agreement. 1.5 Payment. Subscriber shall pay an amount equal to twenty-five percent (25%) of the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as Subscriber Agreement Page of 7 Public Safety Testing, bac. City of Federal Way, WA 2022 2022.01. v5 Form ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment due within 30 days of receipt of invoice. 1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to set up direct deposit (ACH enrollment) for their payments. There will be no additional fee for payments made using direct deposit (ACH enrollment). 1.5.2 Credit Card. A three percent (3%) fee will be added at the time of payment to each payment made using a credit card. The purpose of such fee is to cover Contractor's credit card processing fees. 2. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hire, this Agreement is an exclusive agreement for these services. 3.2 The written and physical agility scores of any applicant shall be valid for 18 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable testing fee from any and all applicants. 3.5 The Subscriber is encouraged to conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shall link PublicSafetyTesting.com on its agency's website, if it so maintains one. 3.6 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. Subscriber Agreement Pagig� of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.01.v5 Form 3.7 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 3.8 Subscriber understands and acknowledges that a candidate's PST Personal History Statement (PHS) will be stored electronically by PST for 24 months from the date the candidate uploads the PHS to the PST website. Any PHS stored more than 24 months will automatically be deleted and will no longer be available to the Subscriber from the PST server. 4. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and/or 41.12 and/or 41.14 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in nnn Aanno wit', the general standards established by the Subscriber; the Q i.ri.rV I V QI MA- 4�. .Y , Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. If Subscriber uses or authorizes the use of other testing process(es) this warranty shall be null and void. 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub -contractor of the Contractor. 6. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub -contractor to the end that the Contractor shall be Subscriber Agreement Pagg g of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.01. v5 Form an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 This indemnity shall not apply to any administrative or court proceeding arising from or out of any process in which the Subscriber has utilized or authorized other testing process(es). 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. 7. Termination. This agreement is for an initial one-year term and will automatically renew annually unless either party provides a 60-day notice as described below. The Contractor and/or the Subscriber may also withdraw from this Agreement at any time for any reason with 60 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. Subscriber Agreement Pag� j of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.0I.v5 Form a 8. Entire Agreement, Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this day of 2022. CITY OF FEDERAL WAY, WA PUBLIC SAFETY:TESTING, INC. y ° By: By: . October 18, 2022 z Print: Print: Jon F. Walters, Jr. Its: Its: President CnntRO: Jon Walters Address: 20818 — 44th Ave. W., Suite 160 City/State/Zip: Lynnwood, WA 98036 Telephone: 425.776.9615 Email: Invoicing Preference (select one): ❑ US Postal Service Mail ❑ Electronic via Email @ Subscriber's Contact & Address for Billing: (Please complete if different from contact information above) Contact: Title: Agency: Address: City/State/Zip: Telephone: Email: ionO—Publicsafetytesting. com Agency Recruiter: Name: Title: Email: Agency Hiring Representative/Supervisor: Name: Title: Email: Chief or Agency Director: Name: Title: Email: Subscriber Agreement Pagg g of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.O1.v5 Form ATTACHMENT -A- Public Safe Tebting SERVICE FEE NOTE PST Annual Agency Subscription: Base annual subscription rate. Law Enforcement Officer Testing $8,512 Subscription rate will increase at 4% annually beginning January 1, 2024. Optional (select to request) Includes those candidates that add Federal Way Current Rate Police Department to their candidate list ❑ Recruiting at PST Written Exam Per candidate following your recruitment effort at an in -person Events $11 or virtual written exam session. For virtual exam (Department pays candidate's fee to events, Subscriber will submit a —60-second add department to their list of video. agencies) Agency will be invoiced based on the rate for "New Agency Add -on Fee" listed in the current PST prici � chart. Optional (select to request) Subscriber agrees to pay candidate testing fees Current Rates under circumstances such as a verifiable financial ❑ Subscriber will pay candidate test Per candidate hardship, subscriber -requested coupons to fees which are pre -approved and distribute, discounts offered by the Subscriber, agreed to by the Subscriber: etc. Each will be pre -approved and agreed to by the Subscriber. Law Enforcement written exam & $55 (written) Physical Ability Test (PAT) events $29 (PAT) When the Subscriber pays for a candidate's test that do not occur on the same fee, the Subscriber agency is removed from the day as the PST in -person written candidate's pricing matrix so that the Subscriber exam is not subsidizing the candidate testing for other non -Subscriber agencies. The candidate will pay if they choose to test for any other agency besides the Subscriber. Agency will be invoiced amount based on the testing fees for a single agency listed in the current PST pricing chart. Subscriber Agreement Paggq of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.01.1)5 Form w,bk s'r 21119 August 31, 2022 Commander Kurt E. Schwan Administrative Services Federal Way Police Department 33325 8th Ave. S. . Federal Way, WA 98003 Email- Kurt.Schwan@cityoffederalway.com Dear Commander Schwan: It is our pleasure to offer promotional testing services to the City of Federal Way. Please find attached our proposal to conduct a promotional testing selection process for the position of Lieutenant. . The professional services to be performed, the related costs, and the City's responsibilities are outlined in the following pages. Public Safety Testing is committed to ensuring that the promotional and assessment center processes are valid, defensible, and current to today's professional standards. Though our promotional system is a product of years of experience and uses contemporary professional standards, it is uniquely customized for City of Federal Way through close collaboration and partnership. Thank you for the opportunity to be of service to the City of Federal Way. Please contact me at 425.422.3958 (or email: ColleenOPublicSafetvTestina. com) if you have any questions or need any additional information. Best regards, el& Colleen Wilson Promotional Testing & Executive Services 100 Publie fly Toiling A proposal to the CITY OF FEDERAL WAY for the development and management of promotional testing for LIEUTENANT Scope of Services Provided by Public Safety Testing, Inc.: Public Safety Testing offers to develop and administer assessment center promotional processes for the City of Federal Way (hereinafter "City"). Public Safety Testing (hereinafter "PST") will apply the guidelines as adopted by the International Congress on Assessment Centers and the recommendations provided by the International Association of Chiefs of Police related to the development and management of assessment centers. PROMOTIONAL ASSESSMENT CENTER Methodology for Service The project shall consist of three basic.phases: 1. Test Preparation & Development 2. Test Administration 3. Post -Test Activities Phase One: Test Preparation & Development Two on -site or virtual meetings with the appropriate personnel from the Federal Way Police Department are held to: • Determine the City s specific needs and components of the assessment center. • Create a calendar of tasks, benchmarks, and a schedule to deliver the promotional test. • Identify the behavioral dimensions to be measured in the assessment centers. • Provide written summaries of decisions as the process develops. • Survey department members currently serving in the positions being tested to identify the critical tasks being performed (Job Task Analysis). • Survey the management/leadership team to identify essential supervisory and administrative skills and abilities of a newly promoted supervisor/manager. These survey results create the unique weighting of the behavioral dimensions that are specifically relevant to Federal Way Police Department. Promotional Testing Proposal Page 2 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August 31, 2022 101 • Provide a description of typical categories and examples of exercises that can be used in the promotional process. Working with the City, exercises are tailored with information provided by the Department and customized to fit the specific environment and needs of the agency. • Create a scoring map that identifies weighted behavioral dimensions which will be measured for each exercise. • Build exercises using information specific to your community and department and integrating the results of the surveys used above, • PST will become familiar with and will follow the City's Personnel/Civil Service Rules when developing and administering the test. The City shall be responsible for notifying PST of any unusual or special process or limitation of its rules, contractual agreements or policies that are related to the development and delivery of the test, and • Finalize the assessment center's exercises and schedule with the Department's subject matter expert(s) for Phase Two. Assessment Center Exercise Theme Flow Communication Skills Coach &Mentor Train Employees Oral Communications Evaluate Employees Interpersonal Insight Progressive Discipline Problem Analysis Manage a Critical Event Judgment Manage Schedules Decisiveness Manage Logistics Written Communications Make& Manage Documentation Planning & Organization Delegation & Control Phase Two: Test Administration Interpersonal Field Supervision PST will facilitate and manage the assessment center process, including'. • Conduct one 3-hour long "Candidate Orientation Workshop" that provides candidates an overview of the assessment center testing process, highlights tips for success, and pitfalls to avoid. This candidate orientation de -mystifies the assessment center/promotional testing process. • Conduct a training workshop for the assessors and role players whom the City has selected prior to the test date. The training shall include guidelines in scoring, pitfalls to avoid in assessing and a practice session of scoring an exercise. Only trained assessors will participate in the testing process. Promotional Testing Proposal Page 3 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August 31, 2012 102 Provide all the typical equipment, supplies and materials for the training, orientation, and testing process. The City of Federal Way may be asked to provide specific equipment related to exercises. • Create the grading process that conforms to the City's Personnel/Civil Service Commission's rules. • Through an empirical process that incorporates the candidate's performance, the weighted dimensions, and the City's Personnel/Civil Service Commission's rules, create a final rank order listing of the candidates tested. • Survey each candidate about his/her observations of the promotional process and assessment center's relevance to the position being tested for; and Phase Three: Post Test Activities Each candidate receives written commendations and recommendations that are created by the assessors. These comments are separated from the objective score sheets, collated for each candidate, and sent to the City, and are intended to assist the candidates in their professional development; and Provide the City with electronic copies of all the documents related to testing, training, and scoring of candidates. This typically includes: the instructions for each exercise, original copies of the score sheets for each candidate created by the assessors, a matrix of the weighted dimensions as they were applied to each exercise, a copy of the raw scores for each candidate in each exercise and for each dimension, the assignment sheet of candidates to letter designators with corresponding photographs, a copy of the training outline provided to the assessors, a copy of the training outline provided to the candidates, a copy of the test schedule, a copy of the written comments made by the assessors to each candidate, the signed test security agreements, and copies of the assessor and candidate critiques. PST shall appear in any City administrative or civil service proceeding to testify to and provide all necessary information to document the validity of the testing process, to participate in the defense of the testing process conducted by PST pursuant to this Agreement and to otherwise provide any information necessary to the City to evaluate challenges to or appeals from the testing process. PST shall appear without additional charge to the City. The City agrees that if it uses any materials prepared by the Contractor for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the Contractor harmless therefore to the extent such use is agreed to in writing by the Contractor. Preexisting materials owned by Contractor and used in the materials created for the City shall remain the property of the Contractor. This includes preexisting examination questions and materials. Promotional Testing Proposal Page 4 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August31, 2022 103 Indemnity and Hold Harmless The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 1. PST shall indemnify and hold harmless the City, its employees, and agents from any and all costs, claims or liability arising from: a. Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for. b. Any cost, claim or liability arising from or out of the claims of an employee, agent or sub -contractor to the end that PST shall be an independent Contractor and the City shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between PST and third parties; c. The alleged negligent or tortious act of PST in the provision of services under this Agreement. U. Lice �.iuf � oses of tiffs inde l nificatiIJii prUVIZALAIt �JI expressry dJaives i�, 3olely fo immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. 2. The City shall indemnify and hold harmless PST, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the City in the provision of services hereunder. 3. These indemnification provisions shall survive the expiration or termination of this Agreement. Resources to be provided by the CITY OF FEDERAL WAY: The City of Federal Way shall agree to: ® Comply with current guidelines and regulations related to Covid-19 in your location. Protocols will be mutually agreed to before the test date and communicated to appropriate staff, candidates, and assessors. Provide to PST a copy of those sections of your Civil Service Rules and, if applicable, your collective bargaining agreement, that relate to the promotional testing process. Provide a Subject Matter Expert(s) to assist in the development of the exercises, distribute and collect surveys that provide an analysis of the position being tested for, and distribute and collect a survey that provides the relative importance of the supervisory dimensions to be measured in the assessment center. The work of the Subject Matter Expert will happen on or before the agreed upon deadlines. The City's Subject Matter Expert will be available on the day of testing as a resource to answer questions. The role of the SME is critical to the success of this process. Promotional Testing Proposal Page 5 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August31, 2022 104 • Obtain a minimum of two (2) qualified assessors per exercise as well as role players if role players are necessary. PST will assist in the identification of appropriate assessors if necessary; however, PST is not responsible for providing or compensating assessors. • Have the appropriate supervisory and management personnel participate in the surveys of the job task analysis and the behavioral dimensions. • Provide the physical facilities appropriate for the Candidate Orientation Workshop, the Assessor Training, and the assessment center (including the selected exercises). Provide meals, refreshments and beverages for the assessors, candidates, and PST staff. • At the end of the final day of testing, agencies find it very beneficial to have the department head and management team present during the discussion with the assessors to hear comments and insights about the candidates. • If necessary, cover the expenses of the assessors; and • Pay any travel -related and per diem expenses for the PST staff. PROMOTIONAL ASSESSMENT CENTER PROFESSIONAL FEES The Promotional Assessment Center is our most requested service and testing fees use a formula based on schedule chosen, the role and responsibility of the position as evidenced by current base monthly salary, the number and type of exercises and the number of candidates. A 5% discount has been applied for PST subscribing agency. (1.0 day) (2.0aay) fP 4 Exercises $9,275 $11,175 Additional Costs: PST's actual costs incurred for travel, meals, lodging, parking, tolls, and other related expenses are additional. Mileage will be charged at the current federal standard mileage rate per mile. A 4%surcharge is added to these expenses to cover administrative fees. Washington State sales tax is NOT charged. Invoicing: PST will invoice the agency within 30 days of work being completed. Credit Card: A three percent (3%) fee will be added at the time of payment to each payment made using a credit card to cover PST's credit card processing fees. Promotional Testing Proposal Page 6 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August 31, 2022 105 ADDITIONAL TESTING COMPONENTS, SERVICES & PROFESSIONAL FEES' Assessment centers developed by PST are not "off the shelf" products and are highly customized for the client agency. Our testing model also includes options the City may wish to consider. A. Additional Candidate Orientation Workshops: One three-hour long orientation workshop is included for each assessment center. Additional workshop(s) are available if needed to accommodate the schedules of candidates. Sometimes, clients want the Candidate Workshop open to all employees who are interested in preparing for a promotional opportunity. Fee: $500 each session plus travel expenses B. Work Performance Rating: A PST -exclusive product that is a unique method to objectively incorporate the candidate's prior work performance into the promotional testing process. Clients who add this testing element give very high feedback. This is separate from our assessment center exercises and clients determine the weight of this testing component In tree testing process. T his one -day long process uses evidence provided by documentation, and a facilitated discussion with all of the candidate's supervisors to place objective scores on five performance dimensions: a. Demonstrates Ethical Behavior b. Demonstrates Agency's Mission & Values c. Quality of Work d. Quantity of Work e. Demonstrates Leadership A weighting process determines the importance of the individual performance dimensions. Clients often find that this process has collateral benefits for the involved supervisors and is a positive experience for the leadership team. Fee: 1-8 candidates (one -day event) $2,000 9-16 candidates (two-day event) $3,900 C. Semi -Customized Written Examination for Washington State Law Enforcement Supervisor or Manager: A 100-item, multiple choice, semi -customized written examination. Source materials include the textbook options, 6 to 18 months of WSCJTC Law Enforcement Digests (LED's) and 25 questions from the agency's critical policies. This test is specifically valid for Washington State, for a law enforcement supervisor or manager and to your agency. PST needs at least 3-4 weeks to develop this product. A minimum of four (4+) weeks study time is highly recommended. Promotional Testing Proposal Page 7 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August 31, 2022 K-1 D. What PST does: • Provides 75 multiple choice questions from the textbook, and legal updates or LED's • Develops 30 questions from the agency's critical policies. • Creates a draft test booklet for pilot testing by the agency. • Creates the final test booklet and the scoresheet, makes copies for all the candidates, and ships them to the agency before the administration date • Scores the answer sheets, conducts an item analysis, and sends the results to the agency What the agency does: • Announces the test to the candidates, provides the source material. to the candidates, and arranges for the site. • Specifically identifies the critical policies that will be tested and sends those to PST. • Determines the span of time for the material from the Legal Updates/LED's. (most clients choose 6-12 months). • Reviews the policy questions, selects 25 for the test and verifies the answers: • Pilot tests the examination, if desired. • Administers the test. PST can proctor the test at an additional cost. • Sends the answer sheets to PST for scoring • Receives the scores and the analysis of the answers. Agency makes determination and decides if questions should be eliminated; and • Notifies the candidates of their scores. Fee: $1490 for the first 10 candidates; $149 each additional candidate Customized Promotional Written Examination: A 100-item, multiple choice, uniquely customized written examination that is developed from source material provided by the agency. The agency's Subject Matter Expert(s) (SME's) are used to validate the test. PST needs 8 weeks to develop this product. Final version must be authorized by SME no later than two weeks prior to the test date. Fee: $3,950 Supervisory Skills & Abilities Promotional Test (SSAPT) The SSAPT is a 3-part event where each candidate spends 60 minutes before a panel of assessors and experiences mini -exercises. This product is appropriate for 4 candidates or less and is intended only to rank order the candidates. The typical SSAPT events include a (a) structured interview; (b) an in -basket exercise where the candidate prioritizes a simulated in -box following their days -off and prioritizes and explains to the assessors the decisions they made and why they made them; and, (c) a critical thinking exercise where the candidate is provided a series of events that a Sergeant would face and asked how they would respond. Promotional Testing Proposal Page 8 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August31, 2022 107 What is different from an assessment center? Three mini -exercises, fewer assessors, no role player or written exercises, no job task analysis or weighting the dimensions, fewer dimensions are scored, no candidate feedback and no candidate orientation workshop are included for the price. Fee: $999 plus $999 per candidate G. Command Skills & Abilities Promotional Test (CSAPT) The CSAPT is a four -exercise testing process where each event is intended to assess different skills and abilities of the candidate. Maximum 4 candidates. The four parts are: (1) Presentation of Expectations where the candidate describes their expectations of their subordinates as if they are the Lieutenant and the assessors are their subordinates; (2) In -Basket with On -Demand Writing of an email where the items in the In -Basket are command level issues of budget, labor, personnel, and community topics; (3) Three Practical Scenarios that are field events or nran ani7atina) crrPnarinc that a I iaiitonant would tonically be expected to hanrrllo ty ... .. .. yr- y r and (4) Two Case Studies where the candidate researches and writes a two -page memo about each topic before the test and makes a presentation at the event. The candidates generally have 90 minutes to prepare and then spend 90 minutes with the assessors who have specific expectations for each part identifying what a strong candidate looks like. Five Command Level Behavioral Dimensions are Assessed: A. Oral and Written Communication B. Interpersonal Insight and Emotional Intelligence C. Command Judgment D. Decisiveness E. Planning & Organizing Assessors and Scoring: Four assessors are needed, and they are trained in the morning and will use PST supplied laptops. They use a precision scoring model for each behavioral dimension. The assessor's scores are averaged for each behavioral dimension. The results are a ranked list and provided to the client at end of the test. What is different from an assessment center? Fewer assessors, no job task analysis or weighting the dimensions, fewer dimensions are scored, no candidate feedback document and no pre -test candidate orientation workshop are included. Fee*: $1,950 plus $1,000 per candidate H. Onsite Written Examination Proctoring: Onsite written examination proctoring is available at $100 per hour for each PST staff person required plus mileage and travel time. Promotional Testing Proposal Page 9 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August31, 2022 i I. Performance Profiles Indicator (PPI). The PPI is a DISC -type of assessment reveals a candidate's job performance and aspects of their personality that could impact their manager, coworkers, and team. It measures a candidate's motivational intensity and behaviors related to productivity. Two reports are generated: one for the employer and one for the candidate. Clients often use this tool to help identify who is the best "fit" for the position and when it is coupled with the post-test comments from the assessors, these provide the foundation for a great career development conversation. Fee: $199 per candidate Profiles XT Job Match. The ProfileXT is a state-of-the-art occupational assessment tool used to measure how well an individual fits a specific job in your organization. The job - matching feature enables you to evaluate an individual relative to the qualities required to successfully perform in a specific job. Through job analysis and other features, a model is created. When your candidates complete this assessment, their individual results are compared to the model and you are provided a detailed report on how the candidate compares to your model (%). Fee: $225 per candidate K. Additional On -Site Meetings. Two on -site meetings are included in the package of services once the proposal is accepted and signed. Additional on -site meetings can be held at the client's request. Fee: $125 per hour (including travel time) plus travel expenses L. Invoicing. PST will invoice the agency within 30 days of work being completed. M. Credit Card. A three percent (3%) fee will be added at the time of payment made using a credit card to cover processing fees. N. Additional Costs: For all promotional testing, PST's actual costs incurred for travel, meals, lodging, parking, tolls, and other related expenses are additional. Mileage will be charged at the current federal standard mileage rate per mile. A 4% surcharge is added to these expenses to cover administrative fees. Washington State sales tax is NOT charged. TERMINATION OF THIS PROJECT A. PST and the agency acknowledge that either party may terminate this project at any time with or without cause. Upon termination, the City shall be liable for the amortized remainder of the professional fees, if any, from the effective date of the termination notice based on the percentage of completion of duties listed above. In the event of a lengthy postponement, PST may also submit a partial invoice based on the percentage of work completed. Also fully reimbursable are all travel expenses already incurred, if any. These include mileage, ferry, hotel, meals, parking and tolls. In the event of a termination or postponement, both parties will agree upon the fees. Promotional Testing Proposal Page 10 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August31, 2022 109 Please use this page to indicate the services you have selected for this process. City of Federal Way Lieutenant PROMOTIONAL TESTING SERVICES DESIRED IN THIS AGREEMENT: ❑ 4 Exercise Assessment Center: ❑ One Day - $9,275 ❑ Two Day - $11,175 a_ Additional Candidate Orientation Workshop - �500. (one workshop is included with an assessment center) ❑ Work Performance Rating ❑ 2-8 Candidates: One Day - $2,000 ❑ 9-16 Candidates: Two Days - $3,900 ❑ Semi -Customized Written Examination for Washington Law Enforcement/ Supervisor/Manager - $149 per candidate (minimum 10 candidates) ❑ Fully Customized Written Examination for Washington Law Enforcement/ Supervisor/Manager - $3,950 ❑ Supervisory Skills & Abilities Promotional Test. $999 plus $999 per candidate (Maximum 4 candidates. # of Candidates? ) ❑ Command Skills & Abilities Promotional Test. $1950 plus $1000 per candidate (Maximum 4 candidates. # of Candidates? ) ❑ Performance Profiles Indicator (PPI). $199 per candidate ❑ Other (please describe): Promotional Testing Proposal Page 11 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August 31, 2022 110 Agreement & Acceptance Please send your formal acceptance of this proposal by email, fax, or mail to: Public Safety Testing, Inc. Attn: Colleen Wilson 20818-44th Ave W., Suite 160 Lynnwood, WA 98036 Email: Colleen@ PublicSafetyTesting.com FAX: 425.776.0165 This proposal is valid for 90 days and should be accepted and returned to PST at least eight weeks before mutually agreed upon promotional testing dates. CITY of FEDERAL WAY, WA By: Print: Title: Address: Phone: Date: PUBLIC SAFETY TESTING, INC. Jon F. Walters, Jr. President 20818 — 44th Ave W, Suite 160_ Lynnwood WA 98036 425.776.9615 August 31 2022 Billing Information: (Please complete if different from contact information above) Billing Contact Name: Address: Telephone: City/State/Zip: Email: Title: Promotional Testing Proposal Page 12 of 12 Public Safety Testing, Inc. FEDERAL WAY PD LIEUTENANT August 31, 2022 111 CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. 112 _ COUNCIL MEETING DATE: November 15, 2022 _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRAM YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should City Council approve the Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: November 8, 2022 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing r-1 r:... r........a R..ai..a.. F- Resolution ❑ Other STAFF REPORT BY: _Sarah Brid�eford, Communi. Services Manger DEPT: Community Development Attachments: 1. Staff Report 2.2023 CDBG Annual Action Plan Options Considered: 1. Approve the proposed 2023 CDBG Annual Action Plan. 2. Do not approve proposed 2023 CDBG Annual Action Plan and provide direction to staff. COMMITTEE RECOMMENDATION: I move to forward the proposed 2023 CDBG Annual Action Plan to the November 15, 2022 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the proposed Program Year 2023 CDBG Annual Action Plan with the conditions recommended by the Human Services Commission and authorize the Mayor to execute all necessary documents to implement the Plan and the corresponding funding agreements with the U.S. Department of Housing and Urban Development." (BELOW TO BE COMPLETED BY C/TY CL EEE'S OFF/CE) COUNCIL ACTION: [I APPROVED COUNCIL BILL # ❑ DENIED Fustreading ❑ TABLEUMEPERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordiwaces only) ORDINANCE# REVISED- 4a019 RESOLUTION# 113 CITY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager Patti Spaulding-Klewin, Human Services Coordinator SUBJECT: Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan Financial Impacts: The Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan was included within the proposed budget under the Community Development Department. In accordance with the proposed budget, this item is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) in the anticipated amount of $774,863. The grant will fully reimburse the costs incurred by the City to carry out the projects or to reimburse subrecipients for expenses incurred in carrying out the projects. Background Information: The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from HUD. An Action Plan is required for each year of the 2020-2024 Consolidated Plan. The PY 2023 Action Plan is for the fourth year of the Consolidated Plan program period. The Annual Action Plan includes three areas of funding: Planning and Administration, Public Services, and Community Economic Revitalization Funding (CERF). Public Services and Planning and Administration are subject to a cap determined by a percentage of the annual allocation, 15% and 20% respectively. CERF is not subject to a cap, but represents the remaining 65% of the annual grant plus program income and unspent prior year funds. The Human Services Commission considered the Program Year 2023 Annual Action Plan at its regular meeting on October 17, 2022, and voted 6-0 to "recommend the City Council approve the 2023 Annual Action Plan as presented. In the event the annual grant amount from the U.S. Department of Housing and Urban Development is either less or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and CERF, provided that amounts do not exceed the amount requested; and additionally, staff may make technical amendments to incorporate final performance measures from 2022." 114 Rev. 7/18 `CITY OF Federal Way Centered on Opportunity Community Development Block Grant (CDBG) 2023 Annual Action Plan Annual Action Plan 2023 OMB Conl101 Na: 2506-0117 ie,. 09130/2021) 115 Executive Summary AP-05 Executive Summary - 91.200(c)g 91.220(b) 1. Introduction The City of Federal Way presents this Annual Action Plan for the 2023 Program Year Community Development Block Grant (CDBG) program funds. The City developed these funding decisions based upon Mayoral and City Council priorities as adopted in the 2020-2024 Consolidated Plan, Human Services Commission recommendations, Community Services Division staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. The City of Federal Way has committed to develop strategies for improving broadband access locally and sought grant funding and committed general funds to conduct robust planning beginning in 2022. This plan will inform the CDBG program and how to best address broadband access within its purview. Additionally, the City has committed to engage in analyzing and planning for community resilience with focus on climate resiliency and will be incorporating subsequent goals and strategies into its Comprehensive Plan. 2. Summarize the objectives and outcomes identified in the Plan The Consolidated Plan establishes local priorities consistent with national objectives and the US Department of Housing and Urban Development Community Development Block Grant (CDBG) program. The identified goals in this Consolidated Plan are: • Expand economic opportunities - increase local opportunities and create jobs. • Preserve affordable housing - ensure access to healthy, safe, affordable housing for low- and moderate -income households throughout the City and advance fair housing to address discrimination. • Prevent and address homelessness - make homelessness rare, brief, and one-time and eliminate racial disparities. • Establish and maintain suitable living environments - create a healthy, integrated, and vibrant community by improving the well-being and mobility of low- and moderate -income residents through an array of services addressing basic needs and progress toward self-sufficiency. In addition, the 2022 Annual Action Plan provides for planning and the administration of the Community Development Block Grant program in order to meet community needs and HUD requirements. Strategies in the Consolidated Plan will be implemented with CDBG funds provided by HUD. Based on Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 116 its 2022 formula allocation, the City estimated that approximately $774,863 in grant funds will be available in 2023. 3. Evaluation of past performance The COVID-19 pandemic has impacted the City and its citizens in numerous ways. CDBG funds have provided meaningful access to services allowing the City to meet the needs of additional low- and moderate -income households. CARES Act and ARPA funds are essential in meeting new and changing needs in the community while the annual CDBG funds have provided continued access to services. One of the most important ways has been through housing stability programs. 4. Summary of Citizen Participation Process and consultation process The City had an established public participation, process, as outlined below: • Notice of Funds Available for PY2023/PY2024 CDBG Public Services funds was published in the Federal Way Mirror on March 11, 2022. • Notice of Funds Available for PY2023 CDBG Community Economic Revitalization Funding (CERF) was published in the Federal Way Mirror on July 15, 2022. • Request for public comments and input was emailed to stakeholders and service agencies on October 14, 2022 seeking input through November 15, 2022. • A Notice of Public Hearing was published in the Federal Way Mirror on October 14, 2022, notifying the public of public hearings to be held on October 17, 2022 and November 15, 2022, and to announce the comment period on the 2023 Annual Action Plan. • An opportunity for public comment will be provided on October 17, 2022, before the Human Services Commission, to receive input on the 2023 Annual Action Plan. • A public hearing will be held on November 15, 2022, before the Federal Way City Council, to receive input on the 2023 Annual Action Plan. S. Summary of public comments A summary will be added when comments are received. 6. Summary of comments or views not accepted and the reasons for not accepting them A summary and corresponding reasons will be added should any comments or views received not be accepted. 7. Summary A summary will be added when comments are received. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 117 6 U O O V) c 0 c C m m tin O a C m dA t U m a, u to i_ Q .O Q N L u � U O. L w N 0 N 7 E E O U m Z Q J Q LU LU Ll a� O u C to o l�0 E Q C7 a0 U V) u C aJ to a 2 m O CL I a! H QJ ai U ,L Ln E E O U O aJ to �L m L Lo Ln r� a, L 3 In L 4- O In Qj 4-; C U N C E aJ � U O aJ -O N� t H 4- C7 O m C O U }, > U (IJ N O C + N � E C Lo O to U O aJ L Q � L 4J QJ }, N N_ C � E � C O � � C aJ f0 � d to C C O ❑- U V)Q Qj' C O v 4+ Lo c C m Q a) O E 4- = O 4- U _ 4- - +' 3 O L C = O lLd i Q Q U L v N a) "O dA O C O O ii OA M C v > tD � O_ N co M O - O v OL a o Q .- a-+ L = a) U O E w d O vi Q O O O L 'p O w w Ln 0 >' Q 4� to l0 N N OA v m m v E O �� Co co tLa o0 00 m :3 E Lnt a =o c = ;° E CO LL `nn co nn LLo Q OU V Ln U CO L L v v Ln M 118 AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. The City follows the adopted Citizen Participation Plan (CPP) for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Consolidated Plan, and provide input for the implementation and program evaluation phases in future years via Annual Action Plans. During the process of developing the 2023 Annual Action Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County that have common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households. The City works with other members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with stakeholders, public housing authorities (PHAs), including the King County Housing Authority, and for the Continuum of Care, nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Commerce. This coordination takes place regularly and informs recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way participates in local and regional approaches and engages in ongoing coordination between other jurisdictions, housing and homeless services providers, health providers, and service agencies. The collaboration includes monthly human services planners' meetings and participation in numerous formal and informal regional collaborations such as the Joint Recommendations Committee (JRC), South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and AHC's Housing Interjurisdictional Team (HUT). The City is also a member of the South King County Human Services Funder Collaborative, which provides a more streamlined application and grant management process for human service agencies and increases collaboration and alignment, when appropriate, between cities. This coordination is ongoing throughout the year and, along with other community engagement and public meetings, informs the development Annual Action Plan 2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) 119 of the Consolidated Plan, Annual Action Plans, and the decision -making of groups such as the Human Services Commission. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoQ is critical to our region's implementation. The City will look for ways of participating in and collaborating with the newly established King County Regional Homelessness Authority and its Advisory Committee, which now serves as the Continuum of Care. The City of Federal Way recognizes the need for the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City provides financial support for these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of persons experiencing homelessness. Efforts by the City and our many human services partners are targeted to help persons experiencing homelessness meet three goals: • achieve residential stability; • increase skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and the Homelessness Action Committee, focusing on developing resources in South King County. The City also participates in the annual Count Us In, Point in Time Count, which provides invaluable data for planning. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous faith -based organizations that provide regular services and support to people experiencing homelessness in our community. While COVID-19 is impacting these services, the partnership is essential and likely to return when it is safe to reopen. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS McKinney-Vento funding for the Emergency Solutions Grant (ESG) is administered by King County and allocated through a competitive process. The City of Federal Way regularly collaborated with King Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 120 County and maintains a close working relationship with other communities, especially those in South King County, to provide input. Staff have a voting position on the Joint Recommendation Committee (JRC) on a rotating basis. The JRC approves funding and plans for the ESG program. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 121 C m uU O N N C Q t 3 v to m OA > U N V N e-I 01 Ln r4 r4 I m .n. i m a N e-I CL zo v � O �; 3 4 U c fD t a) a) O (D cn N LJ O OA U cD -CA ~ 7 N C p .� N 4- cn U, CL O O UCL 0 0 O 6 f0 O OU cn N O O CO a)O tw O OA U 4 N L C �^ (n C p N O O L N O 'qn C U +J `^ aj U C N O •OD � N U a N L f0 (n C a)C a.., L (n Dcr a O p p U cn N L N U 4-c 0 O } L a) D CL CLm C N N O cn U ++ m U m O O ++ tm > co O O +' -CU 4O 8 4 7 _ U cco O O N D O M O N U OU L ci U f0 LA f0 y •C_ OA O v o �_ m C o u N N N N ++ m C v v an v v 3 O O •D tw C `� f0 OA C +' Oq C co 4 O can .v N " Ln •� m 'n a m} c -C O Q a C U U c L cn f0 O �� L aL cCL v O o N 4� a-+ C C O a'•' cn N c0 O OD C L •C OD 7 N f0 N N L 'p U C O U + N ,4- () — O N c a U C-c E Q O 3 ca U ptw O L + 3 ca N O -0 } O N O m 0 m t m +_+ N N cli 4 v m O O - In c m 3 > C O N i C O CLO to OD E O L CL '] OA � -0E m i O C N L -0 — C 'L CL a)CLm O O �_ L QJ L N OA N Q 3 N a_+ N C cli3 U E d O U OD co V1 > cn v C Q O 3 tw O 0 E OA c _ '+J L v a� OA m +' cu f0 v OD m N N OA U i m L a, > N o L E o N U L Q- 4 7 a)_ t CL> cn +, O c 3 c '6 v EL a7 = m v O +v t U > O_ N > U = U OOU Om rj U O �-OCOM [ N � aj UN -Ca +>c�N 4-n+ O -C N N > j>CU N t ,L+, O +, O a m U m v O C m CL d C N u N _a rl 122 L i E f6 O O. m N O N a) L UA C a) f6 ut U L � O i� on �\ C u ®® 7 6 � Q1 O O aLi � J�J C {� c TI 1 V) u Q L 'U ® C 66 u a. p LL X+ ui o Ln e-i p U 1 L a1 a a S F- t +, u �3 a a) o Q ca a) L L O 4-L U 4:3 4- 4- O C U +' — M Ln a) CL a) :E c U 30 4- 0 a) C 4-- 0 O O Q UO L � Q O C M C C Ln t6 Q a) ro :D N .� U C f6 C: } 4- C C ._ 4-- 0 O C 2 p .O U 4� C C C a) vi a) U a) a) m O O Q Q E V) 4� O :D a) +J a) L U N = C v) n U N a) a O C C a) p L L (p aj >� N O f6 a) �O O U L Q .0 O r, a) Q Ln -0 LL U O N � .0 C VI 00 L O Ln m U ? O O O v O CC +' LL L U L O N O 0 123 / f ƒ § Ln / 2 / ƒ ƒ / / \ l y a e • e # • $ 41 2 5\ 2\\ Ln y u e e e k = m 7 e \ > © 0 c w / $ 'i $ % § f in e $ k> E\/ aj // 7 7 k ® z m ƒ f 2/: / 2(\ f k \ m/ E/• 2 R) e§ f i&/ \/ Cc E \ k 0 / 0 § k / \ / - ± § % / « ` 3 = o a)52 r g /J)\ w w \ \ g_ C) @ � w > ) « a C 2 k o 0 $U§© . � a £ E m o § 3 \ .2 .. % / 2 « V) V) o f$ g 5 g = _ \ . 2 w } �2 o Se = 3M = u 0 CL a a 2 m / © aj cc 2 / / 2 Eo m � » 0 � § m � 124 a) k 0 0 § § 'E f 0 c o c o f 0 4- @ m s = a) » " / 0 3 0 E u E M 4� / pu 4-= 2 / $ M k m a) \ 0 % / / w 3 = 3 ■ \ f 2 g 7\/ M / E 7 o 0 J 0 m § ƒ \ / 0 ) ' \ 4� U 0 k \ \ / kCL u e G _ & ' > 2 / E 2 ■ E > 2 U m » $ � % t @ � > a \ 2 o u ± 2 / .§ f / § / CL / k - ) ■ a 0 2 < e/ E K /CLf / / ± ai § g / o / ) 3 \ / / u § m 2 u ƒ L. ■ ƒ E % § \ 2 0 / CL kCL ƒ � 4-•cu ° u _ 2 k # ° / U 4>-' \ m Ru /E ( \g / \ 2 2 C - ± y COtLo / a m @ c c § k / © E > \ u o : \ 3 m \ / — = m E m — 3 t> E / a \ \ ( c 2 � ■ 0 2 0_ $ 2 c � = o G c .� •a = E cu " ( 4 / / ■ � � O k ( / 4- Cr Cru 3 ± m - t 0 E _ ® @ > $ § ° a o f 0 t\ a_ / E ® 0 m 0 t � 5 CL c Q e _ m u = LLJ > a) LZ E U E 4-2 /§ § k 4A \ % / u / < rj / J 125 AP-35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. # Project Name 1 Program Administration 2 FUSION 2023 Transitional Housing Acquisition 3 Highline College Business Development Programs (SBDC and StartZone) 4 i'viulti-Service Center Villa Capri *Includes contingency funding 5 Minor Housing Repair Program 6 Apprenticeship & Non-traditional Employment for Women (ANEW) 7 Catholic Community Services Stability Through Advocacy and Resources 8 Federal Way Community Center Inclusion Program 9 Orion Employment Services 10 Solid Ground Housing Stability Project Table 4 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Annual Action Plan 11 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 126 AP-38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported Needs Addressed Funding CDBG: $154,890 Description CDBG Program Planning & Administration for PY2023. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities This is planning and administration and does not directly benefit families. Location Description 33325 8th Avenue S, Federal Way, WA 98003 Planned Activities CDBG Planning and Administration 2 Project Name FUSION 2023 Transitional Housing Acquisition Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $200,000 Description FUSION will purchase a 2-3-bedroom single family residence in Federal Way for families experiencing homelessness for up to 18 months. Housing is paired with case management and support services. Target Date 03/31/2024 Estimate the number and type of families that will benefit from the proposed activities 4 individuals experiencing homelessness will benefit. Location Description The address will be determined upon the award of the grant and the selection of a housing unit. Annual Action Plan 12 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 127 Planned Activities Acquisition of the unit will be funded. Once acquired, FUSION is committed to providing case management family living in the acquired 2-3-bedroom home for stability planning and securing permanent housing. 3 Project Name Highline Business Development Programs (SBDC and StartZone) Target Area Goals Supported Expand Economic Opportunities Needs Addressed Economic Development and Job Growth Funding CDBG: $100,000 Description Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. Target Date 12/31/2023 Estimate the number 50 individuals will receive technical assistance. and type of families that will benefit from the proposed activities Location Description Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198). Planned Activities Business advisors will provide one-to-one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self-employment, and micro -enterprise in Federal Way. 4 Project Name Multi -Service Center Villa Capri Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable housing Funding CDBG: $278,973; *Contingency: $196,027 should additional 2021 prior year resources become available Description Site improvements to parking lots, stairwells, balconies, and patios. Target Date 12/31/2023 Estimate the number 86-units of existing affordable housing will be improved and and type of families preserved. that will benefit from the proposed activities Annual Action Plan 13 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 128 This activity will take place at 28621 25th Place S, Federal Way, WA Location Description 98003 in North Federal Way. Planned Activities Resurface parking lots, improve balconies and patios, replace carpeting in common areas, replace stair treads, replace sliding doors, exterior painting. 5 Project Name Minor Housing Repair Program Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable housing Funding CDBG: $100,000 Description Provide minor home repairs up to $5,000 to low- and moderate - income homeowners Target Date 12/31/2023 Estimate the number 9 households will benefit from this activity. and type of families that will benefit from the proposed activities Location Description Recipients must be homeowners in the City of Federal Way. Specific locations will be determined. Planned Activities Housing repair for extremely low-, low-, and moderate -income homeowners. Work is primarily focused on interior health and safety issues, ADA and accessibility improvements, 6 Project Name Apprenticeship & Non-traditional Employment for Women (ANEW) Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $12,000 Description 8 individuals will receive job training and employment services/case management. Target Date 12/31/2023 Estimate the number 8 individuals will receive job training and employment services/case and type of families management. that will benefit from the proposed activities Annual Action Plan 14 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 129 Location Description Activities will be provided at Apprenticeship & Non-traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057). Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12-week pre -apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap- around employment services focusing on job placement and retention. 7 Project Name Catholic Community Services Stability Through Advocacy and Resources Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Address homelessness Funding CDBG: $28,000 Description Case management and support services to individuals experiencing homelessness. Target Date 12/31/2023 Estimate the number 21 persons will benefit. and type of families that will benefit from the proposed activities Location Description 1688 S. 348th St, Federal Way, WA 98003 Planned Activities Case management and support services to individuals experiencing homelessness 8 Project Name Federal Way Community Center Inclusion Program Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $30,000 Description The Inclusion Program provides social activities and classes for adults with developmental disabilities. Target Date 12/31/2023 Annual Action Plan 15 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 130 Estimate the number and type of families that will benefit from the proposed activities 225 persons will benefit. Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities will be provided off -site. Planned Activities Social activities, life skills training, trips, and others. 9 Project Name Orion Employment Services Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $18,000 Description Employment Services for adults with disabilities. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities 3 individuals will benefit from this activity. Location Description Job training will be provided at 1590 A Street NE, Auburn, WA 98002 Planned Activities Vocational counseling and skills training to obtain employment. 10 project Name Solid Ground Housing Stability Project Target Area Goals Supported Expand Economic Opportunities Needs Addressed Economic Development and Job Growth Funding CDBG: $90,000 Description Rent or move -in assistance to low- or moderate -income households. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities 17 individuals will receive assistance. Annual Action Plan 16 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 131 Location Description Activities will be provided at multiple locations. Planned Activities One-time rental assistance for households facing eviction or deposit and first month's rent for households exiting homelessness. Participants complete a plan for future housing stability. Annual Action Plan 17 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 132 AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Geographic Distribution Target Area . Percentage of Funds North Federal Way 1 29% Table 5 - Geographic Distribution Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Discussion N/A Annual Action Plan 18 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 133 u � o VI lA N > > 0 c •0 L c N LJ U C N i-• V 'L 0 N _ •� .0 x O O Q y U L C) Q t]A + t � a, to Q + � +� C c '3 bn ,� co o O O N voi N c Y o c c O +� O N N = N co > �n N p co 0 +O 0 N to a U N L 0 C `�' L -0 U > ,L N (p N L, w Q f0 E L w `F O �O UA O O N 0 U N +, v� -0 4o ; j Q ai O 3 Q� U a, 7 7 O N N 2 L al of C j = f0 `+- 4-U U N_ o c o 0 N L 44 Y m L C = 4-1 N 0 ai mU f0 �O tin 4-1L ate- 0 o L + — 3 Q c`o N f0 V L 4-1 N N + (O _0 � U N 4-1 f0 } Ol .a L E -aN v c0 41 C N O _0 � c C 00 Q 4-1 4-1 U +' U L -0 m O cL6 U (n -p 1 c0 UA M •� bn 7 to N - t o C -p C c0 -0 > f0 0 'p 4• >, �_ 'VI c0 O Q OU p N Ceii 0 -0 L O 0 � +•+ Q aD p Q C N cv ++ `� N •L _ N _ 0 N N O Q N 4-1Q W E a = c co O — co 4-' ti °� o _ a, o C O 0 � to >L c ' •L 4,1 wv Utv Q. _ > o 4Q-0N Lfv_0 do �o a v 0 M to '�N cC N N •Q 4- W a-1 Z t - CL La' 4- U to � � p6 O C O Q� L 0 � � N a > N Q 7 _ •N Ol � 4- m 0 � �n � o N _ .�� — V In >- L` 4-1 VNN�N••� V C 4-1 ObonLL 0 OO tivvo � 2u o Q—'a x UU YM z+ U3 `^ Gcl Om - m u O 4-1 Q to -0Q� O 0N + UA tO , L3 O M c U N 4-1 teN - N 4-14-1 C:) -p E U N 0 L M O C 0 0 c o N t Q C 0 O on -p 4- v .- , U n, ote a, 0 0� ov E a In v 01 c, C Q U= UO Y v c .� v c>o o co N' v m H N N 4-1In7 N to p CAA C c0 ++ f0 40 m 2 0 X In c0 -p co 0 N 4-1 c0 v _0 .y ate-+ L O ate•+ a i ate-•+ ,� •> 40- In c ate-•+ `n 7 l]A Ol "�Ol Y Q C 4-1 N 0 Q t `n `� 'in 0 �O = O -0 �O U N 1 a C C f0 Gd L + O qL1 N N U p 0 Q a-' co Q Gi d L O C Q V c 1� c o 4 > E p N Q °u o tin — 'X c � o C O , _ •0 c 3 i _ o Y , 4-1t U 0 y a� O L N (n N f0 p to j 7 i N Q LA y— tin � co = U w to •—, -0 = 0 0 co }, (� =3 +' m o N N Q L fl N C2 U o OVA C O lA Ol a• Q- C 0 C N > > 'E p '0 Q tv aO O n Q0 cco a pp 0 3 E� p {n aJ(n v c co E no a••+ > +•+ c 0 — o Q > v m U N C .i 0 E 2 -0 — O c 0 p L O c N N c Q. w Q `+' 0 _0 N Q j __ .0 co t 0 co c N aj 4-1 o_ E 4-1 •3 .� L � of p 7 OC2 0 '�O 'U 4-1 tip "0 _� L N 7 E ++ V O N 7 O 7 0 -0 a-•+ c 0 c o L N N lA -0 0 rp 0 t- 4- p Q O = O U Q lA m CL L t N L S 0 +J co cv Q C 0 a a m E 0) l" 134 AP-85 Other Actions 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. The City has taken specific steps to better plan to address digital equity including broadband access and climate resiliency. The steps so far as the first to engage in strategic planning for both broadband and climate resiliency citywide, including CDBG related elements. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on- going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. In November 2021, City Council approved adding a chapter on Community Resilience to the City's Comprehensive Plan as part of its major, periodic update. Following this approval, Community Services staff responsible for the city's CDBG program worked with other departments and divisions to collaboratively pursue assistance through HUD to gain access to data and community engagement and planning tools on climate resiliency. This work will begin in fall 2022. Additionally, the city approved a Broadband Task Force to create a strategic plan to address broadband access and digital equity. Grant funds were sought and acquired as well as a general fund commitment to conduct the planning process and the task force began in spring 2022 and will continue to plan for broadband access. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades Annual Action Plan 20 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 135 including,grab bars and accessible showers, and so on. While allowable and often part of larger projects, the City's Housing Repair Program is not well suited for smaller repairs that often allow older adults to remain in their homes. The City will look at the feasibility of developing a minor home repair program for older adults focusing on aging in place and retaining their homes. 2023 CDBG funds will begin a Minor Housing Repair Program as a pilot, serving older adults with smaller projects and will offer assistance as grants. Additionally, the City will begin feasibility on a low-income homebuyers assistance program to facilitate additional pathways to homeownership for low- and moderate -income residents. The City of Federal Way also joined the recently established South King County Housing and Homelessness Partnership (SKHHP) in collaboration with other cities in south King County and King County. SKHHP will focus on assisting the region in in meeting affordable housing and homeless needs. Actions planned to reduce lead -based paint hazards The City of Federal Way works to reduce lead -based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated paint; identification and control of lead -based paint hazards; and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure In 2023, the Community Services Division will: ® Update the Division website to include pertinent information for community -based organizations for planning and program implementation purposes, and for individuals seeking resources for community development. • Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation, and community revitalization initiatives. • Continue to participate in collaborative efforts with other funders, private sector groups, and Annual Action Plan 21 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 136 agency coalitions such as the Continuum of Care. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, and South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Annual Action Plan 22 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 137 Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low-income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 Annual Action Plan 23 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 138 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion N/A Annual Action Plan 24 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 139 I CITY OF ,L4h�,6', Federal Way Centered on Opportunity This page was intentionally left blank. 140 COUNCH, MEETING DATE: November 15, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2023-2024 HUMAN SERVICES GENERAL FUND GRANTS POLICY QUESTION: Should City Council approve the Human Services Commission 2023-2024 Human Services General Fund (HSGF) grant recommendations in the amount of $712,000? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: November 8, 2022 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. Human Services Commission 2023-2024 HSGF Grant Recommendations Options Considered: Option 1: Approve the proposed 2023-2024 Human Services General Fund grant recommendations in the amount of $712,000 including the use of $123,000 of ARPA Social Services funding. Option 2: Approve the proposed 2023-2024 Human Services General Fund grant recommendations in the amount of $589,000 as included in the proposed budget and apply a pro rats reduction to the grants recommended at the $712,000 level so that no grant is less than the $5,000 minimum. Option 3: Do not approve 2023-2024 Human Services General Fund grants recommendations and provide direction to staff._. COMMITTEE RECOMMENDATION: I move to forward the proposed 2023-2024 Human Services General Fund Grants to the November 15, 2022 agenda for public hearing and approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move approval of Option I. " BELOW TO BE COMPLETED BY CITY CLERICS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILLN ❑ DENIED First reeding ❑ TABLED/DEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinonow only) ORDINANCE REVISED - 42019 RESOLUTION 0 141 CITY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager Patti Spaulding-Klewin, Human Services Coordinator SUBJECT: 2023-2024 Human Services General Fund Grant Recommendations Financial Impacts: The cost to the City for the 2023-2024 Human Services General Fund Grant Recommendations for $589,000 is included within the proposed budget under the Community Development Department budget. As part of the 2023-2024 budget process, a request was included to add $176,000 to the general fund grant funding to bring the total to $712,000. $589,000 is partially funding the requested increase, $123,000 less than requested. The increase to $712,000 is important in increasing the City's investment in social services for lower income households to match population growth and be on par with our South King County counterparts. The baseline general funds available has been $536,000 per year. There have been small increases that have not kept pace with population growth. Further, as presented to City Council in May 2022, the City has the second lowest per capita investment in social services among the 16 cities that participate in the common application, comprised of cities from North, East, and South King County. $712,000 would increase the social services grant funding to $7 per capita and would be the median per capita allocation of the South King County cities with grant funding programs and on par with South King County cities with similar populations. The recommendation in Option 1 is to use $246,000 of the America Rescue Plan Act (ARPA) Social Services funding to fully fund the increased Human Services General Fund (HSGF) grants at $712,000. This recommendation is supported by the Human Services Commission (HSC), which voted 6-0 on Monday, October 17, 2022 to use a portion of the ARPA funds for this purpose. Upon completion of the funded programs, there will be no future costs though there would be additional costs to sustain the increased grant funding using ARPA funds in future budget cycles. 142 Rev. 7/18 Backeround Information: The City of Federal Way provides funding for community services from the City's general fund and the Community Development Block Grant (CDBG) program on a biennial basis. The funding is available to human services agencies via an application process that is common to sixteen participating cities from throughout King County, outside of Seattle. The application is known as the Common Application Process or SharelApp. The recommendations for 2023-2024 are based on the proposed budget of $712,000 annually. Additionally, $116,000 of CDBG funding per year is anticipated to be available for community services grants and will be considered by City Council as part of a separate process to approve the 2023 Annual Action Plan. The HSC is tasked with reviewing and evaluating applications for funding and making recommendations to City Council regarding what agencies and programs should be funded and in what amounts. As part of the Common Application Process, the City received a total of 82 applications, of which 78 were complete and on time and thus considered for funding. The 78 applications requested a total of $1,711,351 in funding, the highest cumulative requested amount since the City began providing grant funding. The HSC participated in a Grantmaking with an Equity Lens training prior to evaluating applications. Commissioners evaluated applications to develop quantitative scores. The average scores are the first step in making recommendations. This is followed by a process to identify gaps in the slate of recommendations where the City's strategies may not be adequately addressed or specific needs of populations within the City may not be addressed. Recommendations are adjusted by the HSC to present a balanced set of funded programs based on the needs in the community. Applications and Funding Recommendations: HSGF applications were received through a Notice of Funds Available process, which closed May 5, 2022. The types of programs for which funding was requested include emergency services, domestic violence services, youth services, homeless services, counseling, refugee services, employment and education, and others. Applications were grouped into the three Council adopted strategic funding areas: 1) Address basic needs including housing, health and hunger; 2) Promote individual and community safety through prevention, intervention, and crisis services; 3) Promote services that foster stability and self-sufficiency for families and individuals. The HSC is recommending funding for a total of 52 applications for HSGF funding. Annual funding by strategy area is summarized below. The overview by strategy is based upon the budgeted $712,000 per year. 143 Rev. 7/18 # of HSGF funded Applications HSGF Amount CDBG Amount Percent of Total Funding Strategy 1 24 $374,700 $56,000 52% Strategy 2 14 $156,300 $0 19% Strategy 3 14 $161,000 $60,000 27% The attached document lists the complete, on time applications, the amounts requested and the recommended funding amount, where applicable Human Services Commission Action: The HSC put forth two sets of recommendations for the HSGF grant funding. One set is at $536,000 annually to be included in the proposed 2023-2024 budget. The second set is for a total of $712,000 and represents a partially unfunded increase and an administrative adjustment to round three grants to the next $100 increment as there was a $100 gap. On Monday, September 19, 2022, the HSC voted to recommend HSGF funding for the 2023- 2024 biennium for the 52 projects/programs shown on the attached spreadsheet. The motion included contingency language that provides for adjustments to all grants except those that would result in a grant amount less than $5,000. If AR -PA funds are not used to fund the requested increase, the pro rata adjustment would be made to the recommendations at $712,000. The CDBG funding recommendations are to be included in the 2023 Annual Action Plan for City Council consideration and not part of this item. Options: Option 1: Approve the proposed 2023-2024 Human Services General Fund grant recommendations in the amount of $712,000 including the use of $123,000 of ARPA Social Services funding. Option 2: Approve the proposed 2023-2024 Human Services General Fund grant recommendations in the amount of $589,000 as included in the proposed budget and apply a pro rata reduction to the grants recommended at the $712,000 level so that no grant is less than the $5,000 minimum. Option 3: Do not approve 2023-2024 Human Services General Fund grants recommendations and provide direction to staff. 144 Rev. 7/18 2023-2024 HSGF 2023.2024 HSGF Request Recommended Recommended 2023.2024 CDBG Strategy Agency Program Name ro g Amount Funding (Requested Funding (Current Public Services Increase) Allocation) Strategy One: Address basic needs including housing, health, and hunger $374,700.00 $336,000.00 $56,000.00 One (minimum of 40% of the funding) 9 African Community Housing & Holistic Housing Support for the African Diaspora $30,000.00 $23,000.00 $10,000.00 Development Referral Service Whole Asian Counseling and Referral Service health Oriented Mental $21,000.00 $21.000.00 $14,000.00 Bridging A Gap Weekend Feeding Weekend Feeding $15,000.00 $10,900.00 $10,000.00 Program Program i Catholic Community Services of King Emergency Assistance $10.000.00 $8,000.00 $8,000.00 County 1 Catholic Community Services of King Federal Way Day Center $100,000.00 $40,000.00 $40,000.00 County Catholic Community Services of King Stability Through Advocacy $28,000.00 9 County and Resources $30,000.00 Childhaven Continuum of Care $25,000.00 $11,000.00 $11,000.00 Special Needs & Families Children's Therapy Center in South King County $8,000.00 $8,000.00 $8,000.00 Circle of Caring Friends Charity Beacon of Hope $15,000.00 Crisis Connections (formerly Crisis Clinic) King County 2-1-1 $37,500.00 $8,000.00 $8,000.00 Eastside Legal Assistance Program Housing Stability $25,000.00 Eastside Legal Assistance Program Medical -Legal Partnership $20,000.00 El Centro de la Raza Systems Navigation $21,000.00 $15,000.00 $15,000.00 Federal Way Community Caregiving Emergency Services Rent Network Assistance Program $25,000.00 Federal Way Senior Center Nutritional Meal Program $28,000.00 $25,000.00 $25,000.00 9 Habitat for Humanity Seattle King County Home Repair Program $150,000.00 HealthPoint Dental Care $25,000.00 $20,000.00 $20,000.00 7 HealthPoint Medical Care $20,000.00 $15,000.00 $15.000.00 Hospitality House Hospitality House $10,000.00 King County Bar Foundation Neighborhood Legal Clinics $12,000.00 $9,000.00 $8,000.00 Financial Assistance for 1 Mary's Place Seattle Families Experiencing. $100,000.00 $20,000,00 $20,000.00 Mission Africa Mission Africa $10,000.00 Resource Navigation 1 Multi -Service Center Services $37,200.00 $20.000.00 $20,000.00 Federal Way Baby 9 Multi -Service Center Cupboard $8,000.00 $8,000.00 $8,000.00 Federal Way Food and 1 Multi -Service Center Clothing Bank $35,000.00 $35,000.00 $30,000.00 Shelter and Supportive 1 Multi -Service Center Housing $15,000.00 $10,000,00 $10,000.00 Pediatric Interim Care Center Infant Withdrawal Program $10,800.00 $5,000.00 $5,000.00 Health- South King County Mobile Medical South King County Mobile 1 Program Dental Program $8,000.00 $7,000.00 $5,000.00 Society of St. Vincent de Paul of of Seattle SVDP St. Theresa's King County Council Emergency Services $28,800.00 $28,800.00 $25,000.00 Solid Ground WA Housing Stability Project $63,612.001 $28,000.00 Assistance of Transition Sound (formerly Sound Mental Health) from Homelessness) $10,000.00 $5,000.00 $8,000.00 Sound Generations Meals on Wheels $15,900.00 $12,000.00 $12,000.00 Volunteer Transportation Sound Generations Services (VTS) $9,270.00 145 2023-2024 HSGF 2023-2024 HSGF Request Recommended Recommended 2023-2024 CDBG Strategy Agency Program Name Amount Funding (Requested Funding (Current Public Services Increase) Allocation) SSHA Housing Stability St. Stephen Housing Association Program $15,000.00 Weekend Backpacks for 1 The YMCA of Greater Seattle Hunger Alleviation $15,000.00 1' family empowerment Ubumwe Women Association support group $42,909.00 Immigration Legal Program 1 West African Community Council (ILP) $10,000.00 $7,000,00 Children's Basic Needs 1 WestSide Baby Program $15,000.00 Refugee and Immigrant 1 World Relief Western Washington lNeighbors $40,000.00 TWO Strategy Two: Promote individual and community safety through prevention, $166,300.00 $117,000.00 $0.00 intervention, and crisis services. 2 After -School All -Stars After -School All -Stars $10,000.00 $10,000,00 $10,000.00 2023-2024 Youth 2 Big Brothers Big Sisters of Puget Sound Mentoring $23.339.00 $17,000,00 $12,000.00 2 Center for Human Services Family Support Programs $10,000.00 $7,000.00 $5,000.00 2 Congolese Integration Network(CIN) CIN Health Board Program $30,000.00 $15,000.00 2 Consejo Counseling and Consejo Counseling and Referral Service Referral Service $10,000.00 $10,000.00 $9,000.00 2 Crisis Connections (formerly Crisis Clinic) Crisis Line $8,061.00 $8,100.00 $8,000.00 2 Crisis Connections (formerly Crisis Clinic) Teen Link $5,200.00 $5,200.00 $5.000.00 2 Crisis Connections (formerly Crisis Clinic) Warm Line $5,000.00 ELAP Pooled Cities 2 Eastside Legal Assistance Program General Request $30,000.00 PACT - Parents and 2 Institute for Family Development Children Together $15.980.00 $16,000.00 $15,000.00 2 Kent Youth and Family Services Behavioral Health Program $10.000.00 $8,000.00 $8,000.00 King County Sexual Assault Resource Comprehensive sexual 2 Center assault advocacy services $22,000.00 $22,000.00 $15,000.00 Health Counseling - 2 Valley Cities Counseling & Consultation (Federal Way) $21,000.00 $19,000.00 $15,000.00 Emergency and Education 2 Washington Poison Center Services $5,700.00 $5,000,00 $6,000.00 2 West African Community Council Housing Services $10,000.00 Violence Specialized 2 YWCA Seattle King Snohomish Services (CGBVS) $10,000.00 $7,000.00 $5,000.00 Specialized Services 2 YWCA Seattle King Snohomish (GBVS) $10,000.00 $7,000:00 $5,000.00 THREE Strategy Three: Promote services that foster stability and self-sufficiency for $161,000.00 $84,000.00 $60,000.00 families and individuals. Aerospace Joint Apprenticeship Manufacturing Training 3 Committee (AJAC) Programs $10,000.00 $7,000.00 $6,000.00 Construction.Training and 3 ANEW Supportive Services $12,000.00 $12,000.00 Babies of Homelessness 3 Babies of Homelessness Diaper Bank Program $14,450.00 The Human Service 3 Bighug-KARC Funding Collaborative $10,000.00 Club and EX3 Teen Center: 3 Boys & Girls Clubs of King County Youth Development $9,000.00 $9,000.00 $9,000.00 3 Bridge Disability Ministries Guardianship $5,000.00 Catholic Community Services of King 3 County Volunteer Services $13,000.00 $10,000.00 $10,000.00 Recreation & Cultural 3 City of Federal Way Parks Department Services Inclusion Program $30,000.00 $30,000.00 DAWN - Domestic Abuse Women's Community Advocacy 3 Network Program $18,000.00 $15,000.00 $15,000.00 DAWN - Domestic Abuse Women's Domestic Violence 3 Network Emergency Shelter $15,000.001 $11,000.00 $7,000.00 146 2023-2024 HSGF 2023-2024 HSGF Request Recommended Recommended 2023.2024 CDBG Strategy Agency Pro Name Program g - Amount Funding (Requested Funding (Current Public Services Increase) Allocation) Feminist Women's Health Center DBA Reproductive Health Care 3 Cedar River Clinics for Low Income Women $10,000.00 Counseling at Refugees 3 Lutheran Community Services Northwest Northwest, a program of $22,500.00 $15,000,00 $12,000.00 (OY) build a pathway to a 3 Northwest Education Access livable wage career by $15,000.00 $8,000.00 $5,000.00 Multicultural Family 3 Open Doors for Multicultural Families Support Program $15,000.00 $12,000.00 3 Orion Industries Employment Services $18,000.00 $18,000.00 3 Partner In Employment Employment and Training $10,000.00 $8,000.00 3 REACH REACH Center of Hope $33,600.00 3 South King Tool Library Tool Lending $40,000.00 $20,000.00 $15,000.00 Leadership, Intervention, 3 The Children and Youth Justice Center and Change (LINC) $10,000.00 $8,000.00 $5,000.00 3 The Genesis Project Drop -in Center Operations $7.530.00 $6,000.00 Ukrainian Community Center of Crisis Family Intervention 3 Washington (CFI) $20,000.00 $16,000.00 Ukrainian Community Center of Refugee Assistance 3 Washington Program (RAP) $20,000.00 $16 000.00 ALL $1,711,361.00 $712,000* $536,000.00 $116,000.00 *Includes $20,000 in capacity building for nonprofits with particular focus on organizations that were unsuccessful in this application process. 147 CITY Of Federal Way Centered on Opportunity This page was intentionally left blank. 148 COUNCIL MEETING DATE: November 15, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA SOCIAL SERVICES AND BUSINESS SUPPORTS PROPOSAL POLICY QUESTION: Should City Council approve the proposal for ARPA Social Services and Business Supports as presented? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: November 8, 2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT__ BY: Sarah Bridgeford DEPT: Community Development Attachments: 1. Staff Report Options Considered: 1. Approve the proposed plan for ARPA Social Services and Business Supports. 2. Do not approve proposed plan for ARPA Social Services and Business Supports and provide direction to staff. Option 1. MAYOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed plan for ARPA Social Services and Business Supports to the November 15, 2022 Business agenda for approval Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed plan for ARPA Social Services and Business Supports. " (BELOWTO BE COMPLETED BY CITY CLEBMS OFFICE) COUNCILACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED First reading ❑ TARLEDMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ardiaanres omy) ORDINANCE N REVISED - 42019 RESOLUTION a 149 CTTY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Interim City Administrator Sarah Bridgeford, Community Services Manager SUBJECT: ARPA Social Services and Business Supports Financial Impacts: The cost to the City for American Rescue Plan Act (ARPA) funded social services and economic development in the amount of $3,750,000 was included within the approved budget. In accordance with the approved budget, this item is funded by the ARPA grant under the lost revenue category. Upon completion, the following are potential future costs beginning in 2025: • $123,000 per year to fully fund the increased Human Services General Fund grants and bring the City general fund grants on par with similar South King County jurisdictions, and • $50,000 per year or another amount to be determined following the Nonprofit Facility Usage pilot program. Background Information: During the October 4, 2022 City Council meeting, Council approved $3,750,000 including what was originally a $3,000,000 request for social services and $750,000 for business supports. This memorandum outlines the proposed allocation of funds to both business supports and social services. Included with this plan are specific priority areas for social services with details on community process and competitive application processes. Specific priority areas for business supports will be detailed by the new Economic Development Director. Business Supports: The City's new Economic Development Director will be able provide expertise and insight in how best to deploy ARPA funds for business supports during recovery. Research on local business data and examples of programs will be compiled to assist in the development of programs and reduce the time in deploying funds once the Economic Director starts with the City. 150 Rev. 7/18 Social Services Grant Funding: The scope of need is great as COVID-19 has compounded existing needs for low- and moderate -income residents and inflation has further impacted the community. The pandemic disproportionately impacted BIPOC communities for multiple reasons. Consideration is given to disproportionality in planning for use of funds and selection of projects funded to ensure the largest portion of residents in the community may have access to culturally appropriate services. $3,000,000 is a good investment especially in relation to regular City grant funding, but it is not enough to address all the needs existing in the community. Considering the unique opportunity ARPA funds present to go deeper in addressing a few specific needs. With that in mind, priority areas as proposed are limited. The Human Services Commission discussed the priorities at their October 17, 2022 meeting and voted unanimously to make initial recommendations on the amount of funding to allocate to each proposed priority area. The proposed priorities with recommended allocations are: Priority Funding Amount Years Housing Stability and Basic Needs $800,000 Through 2026 Youth Programming $1,000,000 Through 2026 Financial Literacy $200,000 Through 2026 Employment and Education $650,000 Through 2026 Fully funding the Human Services General Fund Grants, covering the unfunded balance* $246,000 Through 2024 Nonprofit Facility Usage Pilot $100,000 Through 2024 Community Engagement and Legal Notices $4,000 Through 2024 *Potentially approved in a public hearing earlier in the November 15, 2u22 meeting. While not a comprehensive list, these priority areas represent some of the largest needs throughout the pandemic and as we enter recovery, but certainly not all needs that exist. Some of the data supporting these priorities is included. Housing stability and basic needs including utility assistance and food access address the instability that many families experienced during the pandemic and now as inflation compounds the pandemic's financial impacts. Federal Way is among the jurisdictions in King County with the highest eviction filings through July 2022 per the Housing Justice Project and we continue to hear of high rent increases with many around $500 per month or more. Per the USDA as of September 23, 2022, food prices are expected to increase between 10.5 and 11.5% with further increases in 2023. Electricity and natural gas prices have had similar increases. ARPA grant funding can assist Federal Way households in meeting basic needs and addressing crisis when it arises. The City heard of many needs for youth supports during the pandemic. The Center for Disease Control reports data showing that more than a third (37%) of high school students reported poor mental health with even more youth feeling hopeless during the pandemic. 151 Rev. 7/18 This data is part of the MMWR Surveillance Supplement, a report following the Adolescent Behaviors and Experiences Survey, and it helps to highlight the importance of helping youth recover from the pandemic. Youth services funded with ARPA funds will likely address a variety of formal and informal mental health supports, academics, and mentoring type programs designed to address social emotional needs and may be broad in order to meet the varied cultural needs. Financial literacy programming will be made available. The City will partner with entities that offer such services for free to maximize funding and supplement as needed. While most households with lower incomes do not have extra disposable income, financial literacy and education may assist households in gaining tools to help improve budgeting, improve credit, reduce debts, and build assets. While sustained crises like financial impacts during the pandemic are difficult for many households, being better able to address an expected expense is important. As lower income households were disproportionately impacted by the pandemic and inflation, ARPA MIJUlIlg provlUGs all oppol Cunity to increase access to eiilploylllelit and training programs to increase career pathways. This is another tool for helping community members be better able to make it through crisis and meet family needs any time. It may address some of the gaps in the City as we have a large number of retail jobs, which tend to be lower paying and more impacted during financial crises. The proposed plan responds to requests to make City facilities available to nonprofits and general City Council interest in considering this option. Parks Department and Community Development have developed a pilot program with a simple application with time to be allocated via a lottery system until funds are expended. The Human Services Commission voted to. recommend the design to Council and voted at its October 17, 2022 meeting to recommend Council include it as a pilot funded by the ARPA funding for Social Services. Outreach and Community Engagement: Outreach is focused in two area: 1) Needs and Priority Areas for funding 2) Nonprofit stakeholder engagement Outreach for needs and funding priority areas will include a townhall meeting, a community survey, and focus groups or one-on-one meetings with nonprofits and other stakeholders with insight into community needs, to name a few. This outreach will provide critical information to ensure the City addresses some of the greatest needs the community has in response to COVID-19 and during recovery. It will inform details of Requests for Proposals (RFPs) for social services grant funding to nonprofits in each of the priority areas. Additional engagement is being conducted with nonprofit stakeholders with emphasis on organizations that are new to the City or have not applied for funding in the past. The Human Services Commission regularly checks in and provides information on potentially new -to - city funding nonprofits and staff share information with other funders to try to identify 152 Rev. 7/18 additional organizations. Technical assistance is provided year-round to: 1. Know how to access funding including where to sign up for notifications on the City's e-newsletter and by selecting Community Services 2. Have an opportunity to meet with Community Services staff for technical assistance that is not specific to an application 3. Are better prepared to apply once an application opens Scope and Design of Request for Proposals: Funds for Housing Stability and Basic Needs, Youth Programming, and Financial Literacy will be awarded via competitive RFP processes for social services grants. A collaborative employment and education project in South King County will be considered that could maximize funding and increase impact. It also provides an opportunity to work with the City's future Economic Development Director once on board. If a collaborative project does not materialize, the City would proceed with an RFP. Initial scope of draft RFPs have been generated using information from the Human Services Commission and community and nonprofit engagement. Continued engagement with community members and stakeholder groups will provide additional detail that may be incorporated into RFPs. Timeline: Housing Stability and Basic Needs, Financial Literacy, and Youth Programming RFPs: 11/22-12/22: Community engagement continues 01/23: RFPs open 02/23: RFPs close; Human Services Commission begins evaluation 03/23: Evaluation continues and Human Services Commission makes initial recommendations 04/23: Recommendations are presented to City Council for consideration and approval 06/23: Contracts executed Employment and education projects would follow a similar timeline dependent on collaboration with other jurisdictions and may be adjusted. The Nonprofit Facility Usage Pilot is proposed to begin in January 2023. Mayor's Recommendation: The Mayor recommends adoption of the plan as proposed. 153 Rev. 7/18 CITY OF .L Federal Way Centered on Opportunity This page was intentionally left blank. 154 COUNCIL MEETING DATE: November 15, 2022 ITEM #: - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHIIP) 2023 WORK PLAN AND BUDGET POLICY QUESTION: Should City Council approve the proposed SKHHP 2023 Work Plan and Budget? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEFT: Community Development Attachments: 1. Staff Report 2. SKHHP Resolution No. 2022-04 Options Considered: 1. Approve the proposed SIQHIP 2023 Work Plan and Budget. 2. Do not approve proposed SKHHP 2023 Work Plan and Budget and provide direction to staff. MAYOR'S MAYOR Option 1. COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2023 Work Plan and Budget to the November 15, 2022 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '7 move approval of the proposed SKHHP 2023 Work Plan and Budget. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCILACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED First rending ❑ TABLEDB)EFERREDMO ACTION Enactment reeding ❑ MOVED TO SECOND READING (ordinnres only) ORDINANCE REVISED- 42019 RESOLUTION# 155 CITY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator Sarah Bridgeford, Community Services Manager SUBJECT: South King Housing and Homelessness Partners (SKHHP) 2023 Work Plan and Budget Financial Impacts: The City incurs costs as a member city of the South King Housing and Homelessness Partners (SKHHP). The costs are associated with the annual fee as presented in the SKHHP 2023 Budget offered for Council consideration. Member jurisdiction contributions are based on population size. The City's contribution of $44,965 is included in the proposed 2023-2024 budget. Background Information: SKHHP was established through an interlocal agreement for governments in South King County to work together and share resources to increase available options for South King County residents for access to affordable housing and to preserve the existing affordable housing stock. In accordance with the Interlocal Agreement, the annual SKHHP work plan and budget must be approved by the legislative body of each member jurisdiction in addition to the SKHHP Executive Board. Each SKHHP jurisdiction had an opportunity to review and provide feedback on the work plan and budget prior to Executive Board adoption. The draft 2023 SKHHP work plan and budget were reviewed with Council at the June 14, 2022 Parks, Recreation, Human Services, and Public Safety Council Committee meeting. The feedback from member jurisdictions was incorporated into the 2023 SKHHP work plan and budget adopted by the SKHHP Executive Board on August 19, 2022. Work Plan The 2023 work plan was developed in consultation with each member jurisdiction, the staff work group, and Advisory Board. It builds on work completed in previous years to establish the SKHHP Housing Capital Fund through pooled public resources, increase philanthropic 156 Rev. 7/18 and corporate investment through creation of a SKHHP 501(c)(3) fundraising branch, and establish a SKHHP Community Advisory Board made up of community members that will help to ground SKHHP decision in community needs and interests. The 2023 work plan focuses on building the long-term sustainability of the SKHHP Housing Capital Fund, working with partner jurisdictions to develop new policies and programs to accelerate access to affordable housing, representing South King County at all relevant decision -making tables, and providing outreach, education, and advocacy that helps to advance South King County housing needs and opportunities. Operating Budget The adopted budget for 2019 and 2020 was a projection of operating costs that did not ultimately cover the full SKHHP operating costs. This was because the Interlocal Agreement included an adopted budget before staff was hired and the City of Auburn became the administering agency. The SKHHP Executive Board decided to intentionally spend down cost savings from the previous two years. Through a combination of incremental increases to member jurisdiction contributions and spending down carryover funds, the 2023 SKHHP operating budget continues to reach toward a balanced operating budget by 2025. If there are any additional contributions to SKHHP's operating budget from sources such as: additional partners become part of SKHHP, or contributions or donations from outside sources, each SKHHP partner contribution could be reduced through an amended budget. Recommendation Staff recommends approval of the 2023 SKHHP work plan and budget. This recommendation is based on the following: 1. The 2023 SKHHP work plan and budget is consistent with the Interlocal Agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Maple Valley, Normandy Park, Renton, Tukwila, and King County. 2. The 2023 SKHHP work plan and budget operationalizes the agreed upon priorities by the SKHHP Executive Board to implement the Interlocal Agreement by acting cooperatively to formulate housing policies and strategies that address housing stability, foster efforts to preserve and provide affordable housing by combining public funding and private -sector resources, and support implementation of other local policies and programs relating to affordable housing. 157 Rev. 7/18 RESOLUTION NO. 2022-04 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2023 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the annual budget and work plan with a two-thirds majority WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance; and implement the overarching SKHHP goals to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2023 work plan includes five goals with corresponding action items that further SKHHP's mission and address SKHHP's overarching objectives to promote sound housing policy and planning; increase affordable housing investment; and provide outreach, education and advocacy for, South King County's housing needs. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2023 SKHHP Work Plan in Attachment A. Section 2. The Executive Board adopts the 2023 SKHHP Operating Budget in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Resolution No. 2022-04 Rev. 2019 August 19, 2022 Page 1 of 7 158 Dated and Signed this --V�day of 2023. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS J�A--NCYjTIJS, CHAIR Resolution No. 2022-04 Rev. 2019 August 19, 2022 Page 2 of 7 159 RESOLUTION 2022-04 — ATTACHMENT A SKHHP 2023 WORK PLAN PURPOSE Establish a 2023 SKHHP work plan and budget that is shaped by member jurisdictions, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. BACKGROUND Established by interlocal agreement, SKHHP jurisdictions work together and share resources to increase the available options for South King County residents to access affordable housing and preserve the existing affordable housing stock. The 2023 SKHHP work plan, developed in consultation with the staff work group and Advisory Board, builds on work done in previous years to establish a housing capital fund through pooled public resources, increase philanthropic and corporate investment through the creation of a SKHHP fundraising branch, and establish a community advisory board to help ground decision -making in community needs and interests. The work plan is organized into five goals and corresponding action items. Each action is identified by priority as follows: ® Critical — necessary to carry out the Interlocal Agreement or fully implement previous work • Important — priority but not necessary _--,,---._ t--Des r.able_-.�.ot"as-bigb prioxity, o e-nice._to.ge, oa_ Prioritization of action items acknowledges that full execution of the work plan requires SKHHP to be at full staff capacity and allows for flexibility and adaptability based on emerging issues and opportunities. Quarterly budget and progress reports on the status of the work plan elements will be submitted to the SKHHP Executive Board and the legislative body of each member jurisdiction as follows: Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February In accordance with the Interlocal Agreement, the 2023 SKHHP Work Plan will be approved by the legislative body of each member jurisdiction and the SKHHP Executive Board. SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. OBJECTIVES Housing Policy and Planning. Share technical information and resources to promote sound housing policy • Affordable Housing Investment. Coordinate public resources to attract greater private and public investment for affordable housing in South King County • Outreach, Education, and Advocacy. Provide a unified voice to advocate for South King County needs at a local, regional, and state levels Resolution No. 2022-04 Rev. 2019 August 19, 2022 Page 3 of 7 160 •�� GOAL 1. Define strategy, direction, and long-term goals to implement SKHHP ■i<-i Interlocal Agreement Critical • Develop a long-term funding strategy for the SKHHP Housing Capital Fun and facilitate conversations with member jurisdictions to identify and explore dedicated sources of revenue for affordable housing at the local and regional level. • Develop annual work plan and budget. • Generate and distribute quarterly progress reports to SKHHP Executive Board and member jurisdictions. Important • Develop a plan to build capacity of SKHHP. GOAL 2. Build long-term sustainability for SKHHP Housing Capital Fund. Critical • Facilitate final 2022 funding allocations through member Councils. • Prepare contract documents and distribute funds for awarded projects. • Monitor funded projects including evaluating performance and tracking loan payments. Work with administering agency to maintain records and produce regular financial reports for the SKHHP Housing Capital Fund. Resolution No. 2022-04 August 19, 2022 Page 4of7 Important • Work collaboratively with public funders at the state and local levels to promote shared affordable housing goals and equitable geographic distribution of resources. • Work with private investors and lenders to maximize leverage of public investment into affordable housing. • Work with member cities and project sponsor to start developing a pipeline of projects to be funded over the next five years. Actively vet potential projects and lead funding policy and prioritization discussions with SKHHP Executive Board. Rev. 2019 161 GOAL 3. Work with partner jurisdictions to enhance and develop new local policies and programs that protect existing affordable housing stock, provide housing security, and accelerate access to affordable housing. Critical ® Develop subregional housing preservation strategies. ® Continue to improve and refine and conduct regular updates to housing policy matrix and affordable housing database (being developed in 2022). ® Convene city and county land use planners to share best pr a-1— and increase coordination and collaboration on housing policy and planning. ® Support efforts to advance 5-year action Dian identified by the Reqional Affordable Housing Task Force. Important ® Develop a program to assist member cities with administering local housing incentive programs, including density bonus, multifamily tax exemption (MFTE), impact fee waivers, and other programs. GOAL 4. Represent South King County and its unique affordable housing needs at all relevant decision tables and foster collaboration between partners. Critical • Represent SKHHP at relevant local and regional meetings and forums that help advance SKHHP's mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. Resolution No. 2022-04 August 19, 2022 Page 5 of 7 Important ® Build relationships with state and federal legislators through organizing work sessions, and providing progress updates. 162 Rev. 2019 s GOAL 5. Further strengthen regional stakeholders' understanding of the O spectrum of affordable housing options, the range of related needs and opportunities, and the housing system. Critical • Coordinate with housing organizations and stakeholder groups to provide education and engagement opportunities for elected officials, stakeholders, and community members. • Monthly SKHHP Executive Board educational topics on emerging housing and homelessness topics. Resolution No. 2022-04 August 19, 2022 Page 6 of 7 Important • Annual updates to non- SKHHP South King County cities and relevant stakeholder groups. 163 Desirable • Work with HDC, affordable housing developers, and city and county planners to reimagine the South King County Joint Planners and Developers work group, Rev. 2019 RESOLUTION 2022-04 —ATTACHMENT B 2023 SKHHP Operating Budget Projected beginning fund balance - January 1, 2023 $194,188 Projected ending fund balance - December 31, 2023 $116,771.76 REVENUES Auburn $34,385 Burien $19,838 Covington $9,919 Des Moines $9,919 Federal Way $44,965 Kent $44,965 Maple Valley $9,919 Normandy Park $5,290 Renton $44,965 Tukwila $9,919 Unincorporated King County** $44,965 King County** $30,035 Interest earnings Office space (in -kind donation) $12,000 Spend down balonce $77,416.24 TOTAL $398,500.24 EXPENSES Salaries and benefits $290,803.85 Misc -travel, phone, postage $12,000.00 Advisory Board compensation $14,400.00 Office space (in -kind donation) $12,000.00 Supplies $1,000.00 Professional development $5,000.00 Interfund IT $28,160.00 Subtotal $363,363.85 Administering agency —10% Administrative Fee* $35,136.39 TOTAL $398,500.24 *10% administrative fee is calculated as a percentage of operating costs which does not include in -kind donations, or carry forwards. **King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. Resolution No. 2022-04 August 19, 2022 Page 7 of 7 164 Rev. 2019 COUNCIL MEETING DATE: November 15, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2023-2024 HUMAN SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2023-2024 Human Services Commission Work Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development - Attachments: 1. Staff Report 2. 2023-2024 Human Services Commission Work Plan Options Considered: 1. Approve the proposed 2023-2024 Human Services Commission Work Plan. 2. Do not approve proposed 2023-2024 Human Services Commission Work Plan and provide direction to staff. MAYOR'S RECOMMEND ION. Option 1. MAYOR APPROVAL: /V DIRECTORAPPROVAI, N 2 ZL Com M mdawmo InilieWere lnni e COMMITTEE RECOMMENDATION: I move to forward the proposed 2023-2024 Human Services Commission Work Plan to the November 15, 2022 consent agendafor approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2023-2024 Human Services Commission Work Plan." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERREDMO ACTION ❑ MOVED TO SECOND READING(or&aancea only) REVISED- 4(1019 COUNCIL BILL 9 First reading Enactment reading ORDINANCE# RESOLUTION# 165 CITY OF FEDERAL WAY MEMORANDUM DATE: October 21, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Human Services Commission 2023-2024 Work Plan Financial Impacts: The cost to the City for Human Services Commission (HSC) 2023-2024 Work Plan was included within the approved budget under the Community Development Department. In accordance with the approved budget, this item is funded by the General Fund. Upon completion of the HSC 2023-2024 Work Plan, minimal future monitoring costs will be incurred. All such future costs will be covered with existing staffing. Background Information: The 2023-2024 Work Plan was discussed and voted on during the October 17 HSC meeting, thus forwarding the proposed plan to Council for approval. The plan outlines specific goals and activities that the Commission intends to follow to focus their annual efforts. One of the main bodies of work of the HSC is the evaluation of applications for social services grant funding and making subsequent recommendations to City Council. Applications during 2023 and 2024 will include general fund, Community Development Block Grant (CDBG), and ARPA funding, and represent an anticipated four application cycles: 1) ARPA Social Services 2) 2024 Community Economic Revitalization Funding Application 3) 2025-2026 Human Services General Fund and CDBG Public Services Grant Application 4) 2025 Community Economic Revitalization Funding Application Additionally, the HSC plays an important role in planning for the City's Human Services work. The HSC will be part of the addition of a Human Services chapter in the City's Comprehensive Plan. Additionally, the HSC will be part of the development of the 2025- 2029 Consolidated Plan with work beginning in 2023 and concluding in 2024. 166 Rev. 7/18 Q § � � 0 � � � 2 0 E-5: .\ ,\ .\ .\ \ \ ( { ( ( Q Q Q Q Q 7 Q § � � Q Q / k � � k a) d � & / � in. _ f \ / / d / \ \ � E a u U a c r N- a Old �I 0 0 0 0 0 0 0 0 0 0 0 0 0 `4J vu w w ^cr �_ C �r �r E G O M O O OIt O t I'd O O O O O O O O vaU�UvaU�U U vaU U U U U vaU y y Gd y�"j U (Sa O • O v U a C Cd o � P••� C/� O O � U tb N cOd O Q O O O '� O Q p x +=' N P••i N p x w O N 4. O x U d 42 as o j N U s0. U V 4. N N 04 uU pL�P- P+ O 14 N M i N M �16 8� [� 06 O� ,.y r-4 HUMAN SERVICES COMMISSION 2023-2024 WORK PROGRAM Prior Year Review The Commission will discuss processes and tasks from prior Program Year and review ways to streamline efforts. Staff will work with Commissioners to ensure recommendations are in alignment with the City's processes before implementing changes or recommending to City Council for approval. 2022 and 2023 CAPER The Consolidated Annual Performance and Evaluation Report (CAPER) documents performance on the activities and projects undertaken and completed in the previous program year under the CDBG program. The CAPER is completed and submitted to HUD not later than March 3 t . The Commission will hold a public hearing and make recommendations to City Council at the February meeting. Prepare for the City's Human Services General Fund (HSGF) and Community Development Block Grant (CDBG) Public Services Grant Process The Commission will conduct outreach to agencies prior to open cycle to collect feedback on strengths and opportunities for improvement of application process. The Commission will also review the HSGF/CDBG Public Services Rating Tool. Recommended changes will be incorporated. The Commission will participate in trainings to be prepared to evaluate applications. Program Update Commission will review performance and program updates on a biannual cadence. Updates will include a snapshot of services provided via the Human Services General Fund grants, highlighting both the progress and barriers reported by agencies. Review HSGF/CDBG Public Services Applications Commission will review and evaluate complete, on -time applications for the City's Human Services General Fund and Community Development Block Grant (CDBG) Public Services. CDBG Capital Application Process The Commission will review all eligible applications. The Commission will make recommendations to City Council for consideration and action as part of the Con Plan approval process, which, as noted above, includes the 2024 and 2025 Annual Action Plan, respectively. kVTJ Work Session The Commission will have a meeting specifically designed to facilitate concentrated dialogue about the Commission's goals and how their scope of work can positively impact relevant Human Services issues. Public Hearing for the 2024 Annual Action Plan The Commission will hold a public hearing on the 2024 Annual Action Plan for the Community Development Block Grant (CDBG) program. The Annual Action Plan will incorporate funding recommendations made by the Commission. 2025-2029 CDBG Consolidated Plan The Commission will be consulted on and may participate in the development of the 2025- 2029 Consolidated Plan and 2025 Annual Action Plan. The Commission will hold a public .,__ n ._ ,:a . a n 1.,,,1., ' I,,A-- A,e )(Y)G l A.,4i „ Ulan fnrtlia 11GQ11i1� U11 L11G i_U116U11UULGU i lan, w111i.11 111%1UU%13 Ui� L csL ✓Annual c Ll®_ i i i -.- Community Development Block Grant (CDBG) program. The Consolidated Plan process assesses local affordable housing and community development needs and market conditions to inform data -driven, local decisions. It is carried out by Annual Action Plans and contains the Annual Action Plan for the first year of the Consolidated Plan. Annual Action Plans will incorporate funding recommendations made by the Commission. Comprehensive Plan Human Services Chapter Comprehensive plans articulate goals, objectives, policies, and actions intended to guide the decisions of the City. The City will be adding a chapter on Human Services as part of the periodic update. Agency Visits/Presentations The Commission engages in site visits of agencies that are serving Federal Way residents, whether the programs are currently funded or not. Agency visits include presentations to the Commission at regular meetings and Commission visits to the agency offices. Agency visits help the Commission develop a deeper understanding of both the services provided by individual agencies and the human services delivery system as a whole. Commissioners prioritize which programs they want to hear from or visit. Agency visits do not occur during the open grant application or grant evaluation periods. Debrief HSGF/CDBG Public Services Grant Process The Commission will discuss the grant process including the questions included in the Common Application (SharelApp). The Commission may consider adding supplemental questions for the next funding cycle. 170 Debrief CDBG Capital Application Process The Commission will discuss the grant process and identify any potential questions or areas to be changed in future cycles. Resource List The Commission will review a list of resources that address various needs, from homeless shelters to food banks. This list will not replace 2-1-1. Recommendations for 2025-2026 HSGF Grants to City Council Present funding recommendations for the Human Services General Fund -grants to City Council. Prepare the 2025-2026 Human Services Commission Work Plan Commissioners work with staff to prepare the 2025-2026 Human Services Commission Work Plan. 171