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11-15-2022 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* *remote attendance option available via zoom November 15, 2022 - 6:30 p.m. 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: • Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person or online here; written comments are accepted here. • Zoom meeting code: 363 503 282 and passcode: 738163 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Recent Community Events: Dick's Drive -In Ground Breaking (11/2) • Upcoming Events: Paint the Plow Kick Off - November 17 at 4:00 p.m. Boys & Girls Club and the Teen Center; Tree Lighting Event at Town Square Park — Saturday, December 3 at 4:00 p.m. 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. PRESENTATIONS a. Proclamation: Small Business Saturdav — November 26 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Council Committee and Regional Committee Reports continued... • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 1, 2022 Special and Regular Meetings b. King County Covid-19 Pandemic Funding for PAEC c. Saghalie Track Replacement Completion and Release of Retainage d. Jail Services Agreement — Nisqually Jail e. Jail Services Agreement — SCORE Jail f. Memorandum of Understanding (MOU) Contract Amendment for Fiscal Year (FY) 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) g. Fiscal Year (FY) 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant - ScanX Scout Kit Portable X-Rav Purchase h. Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to provide Grant Funding for Traffic Enforcement i. Public Safety Testing (PST) — Service Agreement J. South King Housing and Homelessness Partners (SKHHP) 2023 Work Plan and Budget k. 2023-2024 Human Services Commission Work Plan I. 27th Ave SW at SW 344th St Compact Roundabout - 85% Design Report and Bid Authorization m. S 348th St NHS Preservation Project 85% Design Status Report and Authorization to Bid n. RESOLUTION: Acceptance of Transportation Grant Funding o. Adaptive Traffic Control System - King County Agreement p. Award 2023 Street Sweeping Services Contract q. Contract Increase for Concrete Beveling Services — Trip Hazard Removal Contract 8. PUBLIC HEARINGS a. Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan • Staff Report: Sarah Bridgeford, Community Services • Public Comment — 3 minutes each b. 2023-2024 Human Services General Fund Grants • Staff Report: Sarah Bridgeford, Community Services • Public Comment — 3 minutes each The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 9. COUNCIL BUSINESS a. Council Confirmation of Economic Development Director — Tanja Carter • Staff Report: Brian Davis, Interim City Administrator b. RESOLUTION — 2023 Fee Schedule • Staff Report: Steve Groom, Finance Director c. Purchase of Safe City Cameras • Staff Report: Thomas Fichtner, IT Director d. ARPA Social Services and Business Supports Proposal • Staff Report: Sarah Bridgeford, Community Services Manager e. Discussion on Development Plan for Town Center 3 • Staff Report: Keith Niven, Planning Manager 10. ORDINANCES First Reading a. Council Bill #834/Ordinance: 2021-2022 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (Amending Ordinance No. 20-903, 21-916, 21-924, and 22-936) • Staff Report: Steve Groom, Finance Director • Public Comment — 3 minutes each Second Reading/Enactment b. Council Bill #831/Ordinance: 2023-2024 Biennial Budget AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2023-2024 BIENNIAL BUDGET c. Council Bill #832/Ordinance: 2023 Property Tax AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2023. d. Council Bill #833/Ordinance: Modifying the City's Regulation of Shopping Carts AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE REGULATION OF SHOPPING CARTS WITHIN THE CITY; AMENDING FWRC 7.03.020, 7.25.030, 7.25.040, AND 7.25.060; ADDING A NEW SECTION TO CHAPTER 6.30 INCLUDING SECTION 6.30.070; AND ADDING A NEW SECTION TO CHAPTER 7.25 INCLUDING SECTION 7.25.070. (AMENDING ORDINANCE NO. 18-858.) 11. COUNCIL REPORTS 12. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 13. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Federal Way PROCLAMATION "Small Business Saturday®" WHEREAS, according to the United States Small Business Administration, there are currently 32.5 million small businesses in the United States; and WHEREAS, small businesses employ 46.8% of the employees in the private sector of the United States; and WHEREAS, 79% of consumers in the United State value the contributions small businesses make in their community; and WHEREAS, Shop Small is a nationwide movement to celebrate small businesses on Small Business Saturday® and every day in order to help communities thrive and stay vibrant. WHEREAS, 96% of consumers who plan to shop on Small Business Saturday® said the day inspires them to go to small, independently -owned retailers or restaurants that they have not been to before, or would not have otherwise tried; and WHEREAS, 92% of companies planning promotions on Small Business Saturday® said the day helps their business stand out during the busy holiday shopping season; and WHEREAS, 59% of small business owners said Small Business Saturday® contributes significantly to their holiday sales each year; and WHEREAS, The City of Federal Way supports our local businesses that create jobs, boost our local economy, and preserve our neighborhoods. NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim November 26, 2022 as "Small Business Saturday in Federal Way, and encourage all residents to Shop Small and support small businesses and merchants in the community on this day, and throughout the year. SIGNED, this 15th day of November, 2022. FEDERAL WAYMAYORAND CITY COUNCIL � Ii errel ayor J96a Kochmar, Council President 5usan� putt' May r i Assel'a-�awso , oun ember Erica Norton, Councilmember Hoang V. Tran, ouncilmember 1 - Walsh, Councilmember ck ovey, Councilm be COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the November 1, 2022 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, gitv Clerk _ DEPT: Mayor's Office Attachments: November 1, 2022 Regular Meeting Draft Minutes November 1, 2022 Special Meeting Draft Minutes Options Considered: 1. -Approve the minute-s-as presented. - 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: (17U% 11 Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOWTO BE COMPLETED BYCITYCLERK'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 4 .ti Federal Way 0)?Apr CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers November 1, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:02 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, and Councilmember Jack Dovey. Councilmember Jack Walsh and Councilmember Norton attended the meeting remotely. Deputy Mayor Honda excused Councilmember Tran. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE 3. COMMISSION INTERVIEWS a. Planning Commission b. Youth Commission c. Lodging Tax Advisory Committee The City Council interviewed three (3) applicants for the Planning Commission; two (2) applicants for the Youth Commission; and one (1) applicant for the Lodging Tax Advisory Committee. 4. EXECUTIVE SESSION At 5:48 p.m. Deputy Mayor Honda announced the Council was recessing to Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) and to evaluate qualification of employees pursuant to RCW 42.30.110(1)(g). • Potential Litigation Pursuant to RCW 42.30.110(1)(i) • Evaluate Qualifications of Employees Pursuant to RCW 42.30.110(1)(g) 5. ADJOURNMENT Federal Way City Council Special Minutes Page 1 of 2 November 1, 2022 There being nothing further on the agenda; the special meeting was adjourned at 6:30 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 November 1, 2022 CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers November 1, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:40 p.m. °'fir City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell noted Councilmembers Norton and Walsh were attending remotely. 3. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell provided information on recent events in the community including the Multi Service Center (MSC) Helps Luncheon on October 20; and the Federal Way Community Caregiving Network's Souper Supper on October 21. He thanked Director Hutton and the Parks Staff for the Tricks & Treats event at the Federal Way Community Center on October 29. Director Hutton noted there were 280 pre -registered kids and over 1,000 in attendance at the event. The Mayor was pleased to remind everyone of the Dick's Drive -In Groundbreaking ceremony on November 2; the location is adjacent to Pacific Highway where the Farmer's Market was previously located. He also encouraged the community to attend the Broadband/Internet Town Hall Meeting in Council Chambers and via Zoom on November 9 at 6:00 p.m.; there is also a broadband survey available on the city webpage and at City Hall. 4. PUBLIC COMMENT Suzanne Vargo spoke in opposition of a maintenance facility located at the Steel Lake Annex feeling it would be detrimental to the area and referenced the original deed for Steel Lake park,. Verita Johnson shared about a nuisance property in her neighborhood. She previously brought her concerns to Code Compliance but the issues have not been corrected. Federal Way City Council Regular Minutes Page 1 of 8 November 1, 2022 Alex Milsten requested more assistance for those experiencing a mental health crisis, noting it can contribute to substance abuse. Felicia Wilson & Stacey O'Shea, with the King County Library System, shared about the many programs that the library system offers including citizenship classes, children's entertainment, story times, teen advisory group, senior programs and other events. Bob Riddle understands the need for a new maintenance facility, however, he is not in support of the Steel Lake Annex as the location and referenced the Special Warranty Deed on the property. Marie Sciac ua opposes using Steel Lake Annex as the location for a new OMF facility stating that Town Square Park is not equal to Steel Lake Annex and does not make up for the loss of that park. Karen Bru-gatc, Arts Commissioner and 30-year resident, requested a budget increase of an additional $150,000 for the Arts Commission and explained how the commission uses the funds. Brandon Moak, President of the Federal Way Symphony Board and business owner, shared the Symphony is struggling to afford the PAEC due to the Arts Commission inability to provide meaningful grant amounts. He has a desire to see a vibrant art community in Federal Way. Mark Piennett spoke on the importance of art in communities as he believes a vibrant arts scene is part of a vibrant community. Matthew Safley shared concerns about the educational system, grading techniques, and teaching staff within Federal Way schools. Craig Patrick shared how Stand Up Federal Way made an impact in the last year through community engagement, political engagement, and school engagement. He reported on the community clean-up efforts and requested funding to support ongoing efforts. Ann Blevens requested pot holes along S 304th be corrected and expressed concerns about the area around the Light Rail construction looking messy. T_renise Rogers was disappointed to hear the school district announced a joint meeting with the City Council had been canceled. She also followed up on the naming request John Conna. Carolyn Hoover spoke in favor of passing the shopping cart ordinance and relies on the police to protect and uphold laws. Toni Ball shared about a resent experience she had where she was assaulted by a local business owner and the negative interaction she had with police in response to that incident. She would like to use her experience as an opportunity for communication with the City to learn. Mayor Ferrell directed various staff to address and follow-up regarding issues raised during public comment. Deputy Mayor Honda provided an update on the discussions with the school board to host a joint meeting. 5. PRESENTATIONS a. Proclamation: Native American Heritage Month — November 2022 Federal Way City Council Regular Minutes Page 2 of 8 November 1, 2022 Deputy Mayor Honda read and presented to Katherine Festa, Chair of the King County Native American Leadership Council. Ms. Festa thanked the Mayor and Council for the proclamation, and acknowledged the land of the Puyallup, Duwamish and Muckleshoot Tribes. Ms. Festa spoke of her history and the importance of remembering and honoring the many native cultures dating back to original inhabitants of the land. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported the next committee meeting is November 8 at 5:00 p.m. in Chambers. He will be attending remotely; he thanked Councilmember Assefa-Dawson for chairing the meeting. Land Use/Transportation Committee (LUTC): Councilmember Dovey noted the next committee meeting is Monday, November 7. Downtown development will be discussed and he encouraged residents attend to provide input. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Councilmember Tran reported on the October 25 committee meeting; items b-g on the Consent agenda were forwarded by the Committee for Council review and approval. He highlighted the employee retention incentive payment processing item which is recommended for full Council approval. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported the next meeting is scheduled for Wednesday, November 9 at 10:00 a.m. She noted a Committee vacancy.was just filled which allows them to meet quorum. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported on upcoming regional committees and le_ar_ning_ opportunities with_ AW_C and_ SCA; she_ _encouraged Councilmembers to submit applications for next year's regional committee appointments. She recently attended the Senior Advisory Commission, Master Builders Association breakfast and reported on the ongoing Broadband/Internet survey which is seeking feedback on community and business needs. Council President Report: Council President Kochmar noted she will be attending the Chamber of Commerce lunch tomorrow and is also looking forward to the groundbreaking ceremony of the new Dick's Drive -In. 7. CONSENT AGENDA a. Minutes: October 18, 2022 Regular and Special Meetings b. AP Vouchers 09/16/2022 — 10/15/2022 & Payroll Vouchers 09/01/2022 - 09/30/2022 c. Monthly Financial Report — September 2022 d. 2023 Highline College Small Business Development Center (SBDC) Interagency Agreement e. Employee Retention Incentive Payment Processing Plan f. Town Square Park & Downtown Staircase Electrical Upgrades g. Purchase of Police Vehicle Laptops COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH G ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows Federal Way City Council Regular Minutes Page 3 of 8 November 1, 2022 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. PUBLIC HEARING a. Final 2023-2024 Biennial Budget Hearing (as required by RCW 35A.34.0s0— continued from October 18, 2022) Finance Director Steve Groom overviewed the timeline of the , presentations and discussions with the full Council regarding the 2023-2024. biennial budget including workshops and the initial public hearing. Staff have collected input which has been addressed or incorporated into the 320-page final budget. Director Groom provided information regarding the fund balances and the reserve requirements along with the prioritized services and infrastructure. He noted the public hearings are required to accept public comment- prior to the first reading of the budget ordinance later in the agenda. a Public Comment — 3 minutes each Karen Burgato, spoke representing the Arts Commission requesting an increase in allocation of an additional $150,000 from the current funding level of $50,000. She is concerned Federal Way ranks low in comparison of neighboring cities and reflected on the grants the Commission has provided in the community. Crain Patrick. requested a small budget allocation for Stand -Up Federal Way a non- profit organization who continues to work in the community with donated time and supplies. He asked the Council show appreciation and support for the organization. Council President Kochmar suggested Mr. Patrick look into applying for an ARPA grant; the process will be discussed at the next City Council meeting. • Council Discussion Council thanked Mr. Groom and the public for the comments; clarifying questions were asked regarding the ARPA funds and if they are included in the current 2021 budget and the proposed biennial budget. Additional questions were asked regarding the timeline for a budget adjustment to capture any unutilized funds; Director Groom noted the adjustment will be prepared once they have the actuals for 2022. Deputy Mayor Honda asked for clarification regarding approval of items in the budget versus appropriation of funds. City Attorney Call stated the budget is for Council to appropriate the funds; items over $20,000, excluding some professional services contracts, come back to Council for review and approval. Deputy Mayor Honda asked to pull the Maintenance Facility funding from the proposed budget until more details are known regarding the true costs and how it will be funded. COUNCIL PRESIDENT KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows Federal Way City Council Regular Minutes Page 4 of 8 November 1, 2022 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 9. COUNCIL BUSINESS a. Planning Commission Appointments COUNCILMEMBER DOVEY MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE PLANNING COMMISSION: TOM MEDHURST TO A VOTING POSITION EXPIRING ON SEPTEMBER 30, 2026; ANNA PATRICK TO A VOTING POSITION EXPIRING ON SEPTEMBER 30, 2026; VICKIE CHENOWYTH TO A VOTING POSITION EXPIRING ON SEPTEMBER 30, 2026; AND HOPE ELDER TO AN ALTERNATE APPOINTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Youth Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE YOUTH COMMISSION: SIENNA MAYO TO A VOTING POSITION EXPIRING ON AUGUST 31, 2024; AND JUAN JUAREZ-RAMOS TO A VOTING POSITION EXPIRING ON AUGUST 31, 2024; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes c. Lodging Tax Advisory Commission Appointment COUNCILMEMBER ASSEFA-DAWSON MOVED TO MAKE THE FOLLOWING APPOINTMENT TO THE LODGING TAX ADVISORY COMMISSION: JULIANA MARROQUIN TO A VOTING POSITION EXPIRING ON OCTOBER 31, 2024; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 10. ORDINANCES First Reading a. Council Bill #831/Ordinance: 2023-2024 Biennial Budget AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2023-2024 BIENNIAL BUDGET Mayor Ferrell noted the staff report was presented previously during the public hearing tonight and on October 18, 2022 by Finance Director Groom. Federal Way City Council Regular Minutes Page 5 of 8 November 1, 2022 No public comment was received. The ordinance title was read into the record by the City Clerk COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 15, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER DOVEY. The motion passed 5-2 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton no b. Council Bill #832/Ordinance: 2023 Property Tax AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2023. Finance Director Groom noted the public hearing for the property tax levy was held on October 18. The proposed levy increases$154,000 or 1.32% with the tax rate decreasing $0.12 per $1,000 of assessed value. No public comment was received. The ordinance title was read into the record by the City Clerk COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 15, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes c. Council Bill 4833/Ordinance: Mod1vina the City s Reaulation of ShODDina Carts AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO THE REGULATION OF SHOPPING CARTS WITHIN THE CITY; AMENDING FWRC 7.03.020, 7.25.030, 7.25.040, AND 7.25.060; ADDING A NEW SECTION TO CHAPTER 6.30 INCLUDING SECTION 6.30.070; AND ADDING A NEW SECTION TO CHAPTER 7.25 INCLUDING SECTION 7.25.070. (AMENDING ORDINANCE NO. 18-858.) Assistant City Attorney Kent van Alstyne provided information on the proposed amendments to the city's current shopping cart regulations. Mr. van Alstyne referenced previous presentations made on this subject and noted these modifications create a mechanism for removing occupied shopping carts, which does not currently exist in the code. He overviewed the current regulations of shopping carts which relates to abandoned carts in the city. Under the current code language, staff collects only abandoned carts which are not currently occupied and taken back to a holding area. The retailers are charged an impound fee, which is waived if certain conditions are met. Possession of a shopping cart removed from the premises with a legally compliant signage, is currently a criminal misdemeanor offense (RCW 9A.56.270). Federal Way City Council Regular Minutes Page 6 of 8 November 1, 2022 Proposed modifications include making the possession of a shopping cart in a city right-of-way (taken from the retail property), a Class III civil infraction and subject to seizure. The additional modifications expand the impound program to include abandoned and seized shopping cart. The new language also provides for incentive for retailers to enact security measures when the retail establishment is closed and requires the City develop procedures for treatment and storage of personal property in seized carts. Building Official Scott Sproul provided additional answers to procedural questions asked at previous meetings including staff training, protective equipment, days and hours of enforcement, and coordination with the Police Department. Interim City Administrator Brian Davis clarified for staff safety, Code Compliance staff will not respond to these calls without a police officer on site. Council thanked Mr. van Alstyne and Mr. Sproul for the presentation. Additional questions were raised regarding how the retailers currently handle cart security, cart retrieval, and the average length of impound. Councilmembers continued to debate and offered concern that while this is a nuisance within the city, regulations should be designed and applied equally. Councilmembers in support of this ordinance indicated this is one small step in making the city more livable. City Attorney Call clarified this ordinance defines the act of possessing a shopping cart in the rights -of -way. Initially officers can give warnings and educate individuals to the new regulations, and agreed laws apply to everyone equally. ® Public Comment Dara Mandeville stated as business and property owner, she is concerned at the lack of accountability regarding stolen shopping carts. She encouraged the Council approve the ordinance and send a message that the city will no longer tolerate this. The ordinance title was read into the record by the City Clerk COUNCILMEMBER WALSH MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 15, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 11. COUNCIL REPORTS Councilmember Assefa-Dawson, Councilmember Norton, Councilmember Walsh, and Councilmember Tran provided no report. Federal Way City Council Regular Minutes Page 7 of 8 November 1, 2022 Councilmember Dovey acknowledged the passing of a longtime resident and city advocate H. David Kaplan at the age of 87. Deputy Mayor Honda reported on the Board of Health meeting and concern for the rising cases of Covid on the East Coast; she also noted the cost of immunizations will now be passed on to the county health departments. She reported on the concerning increase in RSV patients at Children's Hospital ICU and provided information on a pilot program offering a dual flu/Covid immunization in Auburn. She inquired if the city's Sister Cities need assistance due to the ongoing war in Ukraine and the Halloween disaster in Korea. She remains concerned with the maintenance facility location and taking of parks land. 12. EXECUTIVE SESSION Wr.W. , ■ S ■ r l ■ ■ 13. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:14 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Regular Minutes Page 8 of 8 November 1, 2022 COUNCIL MEETING DATE: November 15, 2022 ITEM #: we 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 ❑ City Council Business ❑ Resolution ❑ Public Hearing ❑ 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-. bonot accept funding -and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: 4a'-L Com ittc Council '"` Initia IDate ini[i IniddlDnte 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 County for COVID-19 Pandemic Relief for the Performing Arts and Event Center. " _ (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 — 11/2019 RESOLUTION # 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 Imnacts: 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 progums and operations during and after the COVIDI9 pandemic These funds are anticipated in Quarter 4 — 2022. Rev. 7/18 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 8th 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. Kin County Substitute VV-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 Name and Address and Tax Identification Number/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.BrockmanC&kin . cc county�caov. Please feel free to contact her with any questions. Please see Section V in the enclosed Additional Terms for instructions on Billing and Compensation. City of Federal Way, Contract #6325145 October 25, 2022 Page 2 of 7 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 King County_Councilmember Pete von Reichbauer, District 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 City of Federal Way, Contract #6325145 October 25, 2022 Page 3 of 7 Additional Terms: I. 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 andlor 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.surveyTmonkey.com/r/CovidUnmetNeeds and please inform Libby Brockman at Libby Brockman kin countyfgov, 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 It and fulfill the reporting requirements as described in Section III. In doing so, the Contractor shall follow the deliverable schedule described below. Deliverable Accurate si ned invoice _ Written report with data elements & narrative response Within 30 days of agreement execution January 16, 2023 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. The Contractor may send the invoices electronically to Libby Brockman at Libby. B rockmanCa7 ki ngcou n ty.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 httos://www.sam.govl. 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. 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 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 12.16.050 and 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 -tt'iis�ef ear of Agreement is the compete 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 City of Federal Way Date ❑ 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: im 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) Busines ype ❑ Association ❑ Corporation ElS-Corporation ❑ Disregarded Entity El Division Lf Governmenl ❑ Individual ❑ Limited Liability Company: Enter tax classification (C=C-Corporation, S=S-Corporation, P=Partnerships ❑ Non Profit ❑ Partnership ❑ Sole Proprietor ❑ TrusVEstate Business Registration Information Enter where you are registered to do business and the corresponding State Registration Number W 1 State: \5-H I 6-1171 4 Registration Number: &01- 2Z9 S}D Purchasing Location Information Physical Address 33 5 25 $-i 0oo- , SoLf � In Fet_,44j m1 LJa 1 tAJ,4 q0'0'6 -s 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 > FAL ALML ! vodtl� Tax rReportingAddress tP,Je(GillILJG4, pqAc)6 Tax Reporting City, St te, and Zip Tax Identification Number, EmDlover Identification Number or Social Security Number (enter numbers only): H=2- I 5 I r->1 o Under penalties of perjury, I certify that: 1. The number shown on this form is my correct tax reporting name and identification number. 2. 1 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 Nywill need to provi a ompleted Ki aunty W9 form as well as a c pyyofJyour W-8. Sign Here ►�' 7`�" Print Name of Signer Date Sl ned Version: 3 King County Substitute W9 Dated 6111201B 7c COUNCIL MEETING DATE: NOVEMBER 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAGHALIE 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 STAFF REPORT BY: Jason H. Gerwen, Parks Deputy Director DEPT: Parks Department 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: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Inisial[Dase COMMITTEE RECOMMENDATION: "I move to forward the proposal to the November 15, 2022 consent agenda for approval. " _ Y •.lt.. L�.� � � : � 2,��..--. ,'`. � , . ,. �r i c.�c, iV pr--�4-�. - V � GL_._�a7�-.� 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 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 — 11/2019 RESOLUTION # 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 and materials 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. Fi3iancial lmAacts: FWPS: $169,160.95 CFW: $ 19,160.95 KC — YASG $150,000.00 Project total: $338, 321.89 Retainage amount held: 5% retainage held from the project before tax = $12,336.85 Rev. 7/18 Thank you to our partners! Saghalie track before and after King County FARKS Cnr or Federal Way Centered on Opportunity FEDERAL WAY PUBLIC SCHOOLS ll 7a COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES AGREEMENT — NISQUALLY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a multiyear agreement with the Nisqually Jail for jail 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: Kurt Schwan Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Nisqually Jail Services Agreement Options Considered: 1. 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 staff MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement. MAYOR APPROVAL: Initial/Date a DIRECTOR APPROVAL: OrCounci lniti tc lnitiaVDate COMMITTEE RECOMMENDATION: I move to forward the Jail Services Agreement with Nisqually Jail to the November 15, 2022, Council consent agenda for approval. 7]G_� �L L�Y_�'� Vw [� 2y�,,, 1:174�1r, -�r: 1 �.-- _�r!`iCt M7�or—V�w►,.� Committee Chair Committee Meihber Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Agreement with Nisqually Jail and authorize the Mayor to sign said agreement". (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 — 12/2017 RESOLUTION # 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. 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: 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 1 Federal Way: Chief of Police Federal Way Police Department 33325 8th 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 5. 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. 8. 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 NIS UALLY. 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 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-ofsaid-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 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 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 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 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 _ 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 7e COUNCIL MEETING DATE: November 15, 2022 ITEM #: 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: Nov 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 staff MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement MAYOR APPROVAL: IO f DIRECTOR APPROVAL: L'ai nitre ff c�un it Jnitial If}atc Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Agreement with the SCORE Jail to the November 15, 2022, Council consent agenda for approval. L i i � r � �" 17►-L Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I 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: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 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 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 Pagel of 17 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. ❑wner 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 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 S. 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. Bool<im,,. 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 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 Pro ert . 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 Agency Inmate property in accordance 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 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€ncarcerated 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 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 the SCORE Facility and date and time released from SCORE; and itemization of any additional 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 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 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 Propel. 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 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. Igo 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. L. 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 A,,=reemen . 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 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 Title: Executive Director Name: Kurt Schwan Title: Commander South Correctional Entity (SCORE) Housing Agreement Updated: 07/28/2022 1 Page 10 of 17 Exhibit A FEES AND CHARGES AND SERVICES Booking Fee:' $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: Z Mental Health — Residential Beds Medical - Acute Beds Mental Health —Acute Beds Health Care Services :3 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. 1 The Booking Fee will be charged to the jurisdiction responsible for housing the inmate z 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 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 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 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 Exhibit E PROPERTY 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 Correctlonal Entity (SCORE) Housing Agreement Page 15 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 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 7f 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 Operations Manager 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: Initial/Date ' /J Initial/Date DIRECTOR APPROVAL: X4==2 Initial IC COMMITTEE RECOMMENDATION: I move to forward the proposed FY 2019 JAG Grant MOU Contract Amendment to the November 15, 2022, consent agenda for approval. is] fro..- IJs. c-O►7�� Committee Chair -committee.-Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed FY 2019 JAG Grant MOU Contract Amendment. " (BELOWTO 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 # 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: TheFederalWay 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.375 I (a.). 1 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 FEDERAL AWARD ID # 2019-DJ-BX-0906 FEDERAL AWARD INFORMATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation Must match DUNS NUMBER 790597814 FEDERAL AWARD DATE SUBAWARD PERIOD OF i PERFORMANCE START DATE 09/18/2019 I 10/01 /2018 FUNDS OBLIGATED FOR THIS TOTAL GRANT AWARD AGREEMENT $44.766 1 $672,410 istered name in DUNS CDFA NUMBER #16.738 SUBAWARD PERIOD OF PERFORMANCE END DATE 09/30/2023 amended FEDERAL AWARD AGENCY 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 History for reference purposes only: History I Brief Description of Change Original $44,766 I. Amendment 1 Performance end date extended to 9/30/23 Total 1 $44.766 The parties have executed this Amendment by having their representatives sign below. CITY OF FEDERAL WAY SEATTLE POLICE DEPARTMENT Jim Ferrell Mayor Date Brian G. Maxey Chief Operating Officer Date Page 1 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 5th 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 Page I 1 City of Federal Way 1.5 #20-00582 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way Jii real, ayor Date; Y/Yge-. City of Seattle Mark R. Baird, Chief Operating Officer Seattle Police Department Date: Pl7T 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 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 and community corrections; drug treatment and enforcement; crime victim 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 3 1 - 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. Page 13 City of Federal Way 1.5 #20-00582 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 (0)P). 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-433, 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 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 Sth 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 B: 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 #20-00582 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 SubrecipienCs progress. ARTICLE V: 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 iiederal maximum rates, which can be found at: http://www.gsa.gov. 2. a n ' c [ e 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: • 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 I Submit Documentation to Fiscal Accounts PayableI Faye Landskov, JAG Program Manager Page 16 City of Federal Way 1.5 #20-00582 Seattle Police Department 610 51b Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 Article VI. 00PE TION IN MONITORING AND EVALUATION. 1. SPD Responsibilities: 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. 2. s 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 VII: 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 COUNCIL MEETING DATE: November 15, 2022 ITEM #: 7g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FISCAL YEAR (FY) 2021 EDWARD.BYRNE 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 with funds from the FY 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant Program? COMMITTEE: PRHSPSC MEETING DATE: November 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:,,. Diane Shines, Civilian Operations Manager DEPT: 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 APPROVAE,: DIRECTOR APPROVAL: L.onu itteeiF LOouncil Iniriall[3atc 1ni[iaEli'Sate Inilia1l17a1e 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. " �L �[�lyt - V 1 � Z..� �.►� �� . r ° 't , .._ i.�,, ',, - _ `Y' i C,r� �'`7r"T'*^ rV � 4 � OD►�� 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 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 # 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. 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. Rev. 7/18 Confidential Proprietary Information WMD�TECH WMDTech, LLC 5116 W Emerald st BOISE Idaho 83706 (208) 639-2107 Tax ID: 30-0.713219 UEI: EYT3W4HTNRL5 CAGE: 55QZ5 D U N N S: 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 Quote # EST-000235 Estimate Date: 20 Sep 2022 Expiry Date : 01 Nov 2022 Reference# : QB4329 Sales person : Jake Berryman 1.00 34,200.00 34,200.00 Kit Confidential Proprietary Information Confidential Proprietary Information 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 N otes 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. Confidential Proprietary Information 7h COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 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 MAYOR'S RECOMMENDATION' Option 1— Accept Proposal MAYOR APPROVAL: Initial/Dale APPROVAL: -e7 !1 2 Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the November 15, 2022 City Council Consent Agenda for approval. " 1.�,�c�,a� V � /.� ZJD�-- s� .: 9�.�17r�2- -ice a�d�� .. �i � � � � Vt+►� 2oot�_ Committee Chair Committ4'e 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 BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # 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 officer overtime worked on DUIs, Speeding, Motorcycle, and Distracted Driving 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. 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 AGREEM 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 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. 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. Behavior Ty2e 2018 Fatal 2018 SI 2019 Fatal 2019 S1 2020 Fatal 2020 S1 2021 Fatal 2021 SI 2022 Fatal 2022 S1 Impairment 21 76 10 84 24 117 24 106 12 44 Speed 33 92 20 109 26 130 36 138 17 54 Distraction 17 129 25 127 15 89 18 122 10 54 Motorcycle 14 83 20 86 18 85 15 79 8 43 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: 2018 12019 1 2020 1 2021 12022 67 155 1 74 191 144 Page 2 of 18 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) 1. HVE events will be data informed; based on crash data, anecdotal 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 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. Project 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 encou raged -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 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 agehcies are required to participate in all of these, however the region has committed to participate as a region in all of these. Mobilization Holiday DUI U Drive. U Text. U Pay. Click It -or _T_icket It's a Fine Line (optional if funded) DUI Drive Sober or Get Pulled Over 3.2. COMPENSATION Dates December 15, 2022—January 1, 2023 April 3 —10, 2023 May 15—June _4,_2023 July 7 — 23, 2023 August 16 — September 4, 2023 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 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 example 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 $105,30 Distracted Driving Patrols $46,80 Click It or Ticket - - - - $28;80 :Speed $64,80 Motorcycle Safety $24,30 TOTAL $270,00 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. S. 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 7of18 REEMENT 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 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 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 such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its 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 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 be sought, 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 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 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 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 paragraphs 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 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 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence 6 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- The Target Zero Manager for The Contact for WTSC is: RECIPIENT is: Region 7 & 8 is: Lt. Brigham Schulz Federal Way PD Brigham.Schulz@cityoffed eralway.com 253.835.6743 Region 7 Target Zero Manager Rebecca Lis 206-477-5085 riisCO kir«cou nty.gov Region 8 Target Zero Manager Sara Wood 253-856-5856 swood kentwa. ov Jerry Noviello WTSC Program Manager jnoviello@wtsc.wa.gov 360-725-9897 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. Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date Page 18 of 18 COUNCIL MEETING DATE: November 15, 2022 ITEM #: %1 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, Professional Standards 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. D- o-not-a-ppr-ove-the- proposed- Public -Sa-fety--T-esti-n-gService -Agreement-and - Assessment -Center Pro osal and provide direction to staff MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement and proposal. MAYOR APPROV Initial/Date DIRECTOR APPROVAL: A/- — �V2711" lnitialr atc COMMITTEE RECOMMENDATION: I 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: "I 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 # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 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). Background 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. Rev. 7/18 Publk 5afe Testing 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 certified 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. 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 Agreemenf 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 2 of 7 Public Safety Testing, Inc. 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 1-2 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 Page 3 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 accordance with the general standards established by the Subscriber; the 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 Page 4 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 Page 5 of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.01. v5 Form 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 CITY OF FEDERAL WAY, WA By: Print: Its: Contact: Address: City/State/Zip: Telephone: Emaii: 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: . 2022. PUBLIC SAFETY TESTING, INC. By: October 18, 2022 Print: Jon F. Walters, Jr. Its: President Jon Walters 20818 — 44th Ave. W.. Suite 160 Lvnnwood, WA 98036 425.776.9615 jonppublicsafetytest nc com Agency Recruiter: Name: Title: Email: Agency Hiring Representative/Supervisor: Name: Title: Email: Chief or Agency Director: Name. Title: Email: Subscriber Agreement Page 6 of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.01.v5 Form ATTACHMENT -A- Pubic SoFety Pest�ng PROFESSIONAL FEES 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 pricing 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 Page 7 of 7 Public Safety Testing, Inc. City of Federal Way, WA 2022 2022.01. v5 Form Public Safety Testing 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: Colleen c@PublicSofetyTesting.com) if you have any questions or need any additional information. Best regards, Colleen Wilson Promotional Testing & Executive Services Public Safety Femng 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 • 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 Evaluate Employees Progressive Discipline Manage a Critical Event Manage Schedules Manage Logistics Make & Manage Documentation Phase Two: Test Administration Oral Communications Interpersonal Insight Problem Analysis Judgment Decisiveness Written Communications Planning & Organization Delegation & Control Administrative Interpersonal Field Supervision Writing Critical Thinking 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 August31, 2022 • 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 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. d. Solely for the purposes of this indemnification provision, PST expressly waives its 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: a 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 • 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 m 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) (2.0 day) 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 August31, 2022 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 the testing process. This 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 -Customised 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 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. e 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. a 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 --- m Notifies the candidates of their scores. Fee: $1490 for the first 10 candidates; $149 each additional candidate E. 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 F. SupervisorV 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 August 31, 2022 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 organizational scenarios that a Lieutenant would typically be expected to handle 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. 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 J. 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-oupayment-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 August 31, 2022 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 ❑ 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 August31, 2022 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@Pubiic5afetyTesting.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 Lvnnwood. WA 98036 425.776.9615 August 31. 2022 Billing Information: (Please complete if different from contact information above) Billing Contact Name: Title: Address: Telephone: Promotional Testing Proposal FEDERAL WAY PD LIEUTENANT City/State/Zip: Email: Page 12 of 12 Public Safety Testing, Inc. August 31, 2022 COUNCIL MEETING DATE: November 15, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 7* ITEM #: SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKIHIP) 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_DEPT: Community Development Attachments: 1. Staff Report 2. SKIP Resolution No. 2022-04 Options Considered: 1. Approve the proposed SKIHIP 2023 Work Plan and Budget. 2. Do not approve proposed SKHHP 2023 Work Plan and Budget and provide direction to staff. MAYOR'S MAYOR APPROV TION: Option 1. Initial/Date DIRECTOR APPROVAL:. 22 COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2023 Work Plan and Budget to the November 15, 2022 consent agenda for approval. tr.� ,i c� �w� 1,,. -r -,.';�L� rim N�,rr��•.—V+� �c��.� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed SKHHP 2023 Work Plan and Budget. " (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 # 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 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. 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 vote -,-and 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 h1— Dated and Signed this day of , 2023. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS ANCY T US, CHAIR Resolution No. 2022-04 Rev. 2019 August 19, 2022 Page 2 of 7 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: a Critical — necessary to carry out the Interlocal Agreement or fully implement previous work G Important — priority but not necessary • _Desirable—.not_asJngh_priority_k ut£ihe�aice�o�ei to.. 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 0-+ GOAL 1. Define strategy, direction, and long-term goals to implement SKHHP 41 m+-e 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. ia� 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 AtGOAL 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 practices and increase coordination and collaboration on housing policy and planning. Support efforts to advance 5-year action plan identified by the Regional 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. Rev. 2019 0 0 GOAL 5. Further strengthen regional stakeholders' understanding of the 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. 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 TOTAL REVENUES $321,084.00 — Spend down balance $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 Rev. 2019 7k 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 RECOMMENDAXION: Option 1. MAYOR APPROVAL: ( 1i I i DIRECTOR APPROVAL1pl;ZT I ze 1— Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed 2023-2024 Human Services Commission Work Plan to the November 15, 2022 consent agenda for 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 COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 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. Rev. 7/18 § 2 § � � c � � § � � .( .(In ./ .( .§ .§ .§ .§ \ § § / § § ./ § .( § U U Q Q Q & Q `§ 2 % '§ U @ 7 U 7 U g U rA On Q o * O O / � / $ § � � / � ) � cl > CA 2 § 2 to2 /� © . % A .§ _ U $ / N � § / q •k .k / d / / E * k k 2 00' C ƒ q E �IO ►i 0 0 0 0 0 0 0 0 0 0 0 0 0 vC� cn rn 'A 'A m cn cn cn cn 00 V� v, cn r E w w E e E E 4-. E� E E E w O of) U am+ O vr� U M 0 v� U y O Cn U O cn U y Cn y O i/n U y O v/ ) U O U ° U O on U O (n U raj O 8n U y 0 Cn U i..l i..l nQ ci rA FA ti h w w Cd as C� d o ocn z z a � � U O U O co rn �+ cn N A N P-i Cn cn U x N O •� Q � � O � � Q N O M a W A Cd0 U v, o N U N a 0 U cn O Ln M fL s. bA s� w O N O N a O 3 O a 0 r� A U O as Q N A A N O r�U as 00 O; .--I .--I N �••4 N1 �••4 � r-I 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 31. 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. 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 hearing on the Consolidated Plan, which includes the 2025 Annual Action Plan for the 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. 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. 71 COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 27TH AVE SW AT SW 344TH ST COMPACT ROUNDABOUT - 85% DESIGN REPORT & AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the 27' Ave SW at SW 344' St Compact Roundabout project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other .STAFF REPORT BY: Omar Barron, PE, Senior Civil EngineerDEPT: Public Works Attachments: 1. Land Use and Transportation Committee memo dated November 7, 2022 Options Considered: 1. Authorize staff to complete the design and bid the 27`h Ave SW at SW 344' St Compact Roundabout project and return to the LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option 1 to the November 15, 2022 City Council Consent Agenda�,r approval. _ MAYOR APPROVAL: f it, Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the November 15, 2022 consent agenda for approval. Q &� - 4 2� AOPro Jack o e , Committee Chair .lack Walsh, Committee Member Hoang'C�ran mmittee Member P16P�SEI] COt NC:IL MOTION: "I move to authorize staff to complete the design and bid the 27`h Ave SW at SW 344`h St Compact Roundabout project and return to the LUTC and Council for bid award, further reports and authorization. " (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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE, Public Works Director _= Omar Barron, PE, Senior Civil Engineer &2-+'e0— SUBJECT: 27"' Ave SW at SW 344`h St Compact Roundabout — 85% Design Report & Authorization to Bid Financial Impacts: The cost to the City for the 27th Ave SW at SW 344th St Compact Roundabout was included within the approved budget under Public Works Department Capital Project #36232. In accordance with the approved budget, along with additional proposed funds included in the 2023-2024 budget, this item is funded by a federal Highway Safety Improvement Program grant, REET funds, and Mitigation/Impact fees. Upon completion of the 271h Ave SW at SW 344th St Compact Roundabout, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted during the budget process. Background Information: The primary purpose of this project is to increase safety at the intersection of 27'h Ave SW and SW 344th St. This project will control vehicle speeds, add street lighting, and construct ADA- compliant crossings for pedestrians on each leg of the intersection. Minor modifications to the existing storm drainage system will be implement to control stormwater flows through the new configuration of the intersection, The following provides a brief synopsis of the progress to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 85% • NEPA Approval Ongoing tasks include: • Project Design to 100% • Contract Specifications • SEPA Approval • Utility Coordination Rev 6/2020 November 7, 2022 Land Use and Transportation Committee 27`h Ave SW at SW 344`h St Compact Roundabout — 85% Design Report & Bid Authorization Page 2 Financial Summary: ESTIMATED EXPENDITURES: Design $ 170,000 Construction Contract $ 720,000 Construction Contingency (± 10%) $ 72,000 Construction Mgmt. & Ins2ection (± 12%) $ 108.000 TOTAL ESTIMATED EXPENDITURES $ 1,070,000 AVAILABLE FUNDING: HSIP Grant (federal safety grant) $ 710,000 REET Funds $ 15,000 REET Funds (proposed 2023-2024 budget) $ 160,000 Mitigation/Impact Fees OMposed 2023-2024 budgeO $_ 180QOO TOTAL AVAILABLE FUNDING $ 1,070,000 7m COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 348T" ST NHS PRESERVATION PROJECT — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the S 348' St NHS Preservation project and return to LUTC and Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Civil Engineer f" DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 7, 2022. Options Considered: 1. Authorize staff to complete design and bid the S 34V St NHS Preservation Project and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the November 15, 2022 City Council consent agenda for approval. MAYOR APPROVAL: C.0vt t C04KI/A.M.L_PI RECTOR APPROVAL: ' 'W (:um ttc • Coun Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 15, 2022 consent agenda for approval. .iac Walsli. Committee Member Hoanc Tran. Committee Member P16POS&-COUNCIL MOTION: "I move to authorize staff to complete design and bid the S 348"' St NHS Preservation Project and return to LUTC and Council for bid award, further report, and authorization. " (BELo i1 • TO BE C0r11Pt T!_D 91 C1T 1 • (T ERK •S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # 'CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P. E., Public Works Director Jeff Huynh, Civil Engineer-SH SUBJECT: S 3481 St NHS Preservation Project — 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for S 348th St NHS Preservation Project was included within the approved budget under the Capital Improvement Plan for Transportation Systems, Project #36241. In accordance with the approved budget, this item is funded by a National Highway System (NHS) Asset Management grant in the amount of $930,000 and $186,000 from the Arterial Street Funding (102). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides replacements of existing curb ramps and pedestrian push buttons to meet current ADA standards; full width planing bituminous pavement; HMA pavement repair; 2 ''/2" thick HMA overlay; removal and replacement of existing dual -faced sloped mountable curb; replacement of traffic signal detection loops; channelization; and utility adjustments. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey NEPA Application & pending approval • Preliminary Contract Specifications • 85% Project Design Ongoing tasks include: • Utility Coordination • 100% Project Design • Final Contract Specifications Rev 6/2020 November 7, 2022 Land Use and Transportation Committee S 34811 St NHS Preservation Project — 85% Design Status Report and Authorization to Bid Page 2 Financial Summary: ESTIMATED EXPENDITURES Design $ 90,000 Construction $ 820,000 Construction Contingency $ 82,000 Construction Management & inspection $ 124,000 Total $1,116,000 AVAILABLE FUNDING NHS Grant $ 930,000 Fund 102 (Motor Vehicle Fuel Tax) _ $ 186,000 Total $1,116,000 After receiving bids, the total project costs will be refined and presented to the Committee and Council for bid award authorization. Staff anticipates bidding this project in January 2023 (pending WSDOT approvals). Construction is anticipated to start in Spring 2023 with estimated substantial completion date in Fall 2023. 7n COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: ACCEPTANCE OF TRANSPORTATION GRANT FUNDING POLICY QUESTION: Should City Council authorize acceptance of transportation grant funding? COMMITTEE: Land Use & Transportation Committee MEETING DATE: 11/7/2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer +; DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not Approved_p.r posed resolution and provide direction to staff_ MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: C L / I11'bleJ"3, DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the November 14, 2022 consent agenda for approval. Fes" uVUk 6CLZDom Chair Jack Walsh, Committee Member HoanQ Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. (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 — I/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November. 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer .. SUBJECT: Resolution — Acceptance of Transportation Grant Funding Financial Impacts: The Citywide High Friction Surface Treatments is included in the proposed 2023/2024 budget. Council authorized the application for this grant in February 2022. Grant funding of $952,000 for six locations has been awarded from Washington State Department of Transportation (WSDOT). No matching funds are required. No additional maintenance funds will be required for on -going maintenance beyond existing pavement maintenance. The Pacific Highway Non -Motorized Trail — S 3offh St to S 288th St is in the approved 2021 /2022 budget as project #36-219. Grant funding for the portion of S 308th Street to S 288th Street (excluding the currently funded segment from S 304th Street to S Dash Point Road) of $3,600,000 has been awarded from Puget Sound Regional Council (PSRC). The required match funds of $671,000 will be funded from the Transportation Capital Fund (306) which averages $2.OM per year of revenue -from REET a—n -TIF. Additional maintenance funds of $3,000 per -year will be required for on -going maintenance including cleaning, striping, signing, and lighting. The S 32yh Street — I" Ave S to Pacific Hwy S Preservation Project is proposed to be added to the 2023/2024 budget capital improvement plan. This is a 2026 construction project. Council authorized the application for this grant in March 2022. This project has been awarded grant funding of $1,450,000 from PSRC. The required matching funds of $1,550,000 is proposed to be funded out of the 102 Arterial Overlay Fund which is funded at $1.5 M annually from REET and motor vehicle excise tax (MVET). No additional operation and maintenance funds will be required as this is rehabilitation of existing infrastructure. The BPA Trail — City Center Extension is proposed to be added to the 2023/2024 budget capital improvement plan. This is a 2024-2026 design project. City Council authorized this grant application in March 2022. This project will be awarded grant funding of $600,000 from PSRC. The required matching funds of $200,000 is proposed to be funded out of the Transportation Capital Fund (306) which averages $2.OM per year of revenue from REET and TIF. Additional maintenance funds of $2,000 per year will be required for on -going maintenance. Rev. 6/2020 November 7, 2022 Land Use and Transportation Committee Resolution - Acceptance of Transportation Grant Funding Page 2 Backuound Information: Citywide High Friction Surface Treatments City Council approved applying for this Highway Safety Improvement Program grant from WSDOT in February 2022. The project will apply a more skid -resistant surface material to six higher risk horizontal curves. This project will be designed in 2023 and constructed in 2024. Pacific Highway Non -Motorized Trail - S 30811 Street to S 288th Street City Council approved applying for this Countywide Non -Motorized Program grant from PSRC in March 2022. The project would provide a paved non -motorized trail, add pedestrian scale lighting, and provide crossing improvements, exclusive of the previously -funded portion of the project from S 3041h Street to S Dash Point Road. Design and right-of-way acquisition are already funded. Construction will occur in 2025/2026. S 320th St - Vt Ave S to Pacific Hwy S Preservation Project City Council approved applying for this Countywide Preservation Program grant from PSRC in March 2022. This project will grind and inlay the road with a structural overlay and provide associated sidewalk upgrades. This project will be designed in 2025 and constructed in 2026. This project will need to be added to the current Transportation Capital Improvement Plan (CIP). BPA Trail - City Center Extension City Council approved applying for this Countywide Non -Motorized grant from PSRC in March 2022. This project will construct a shared use trail extension along the north side of S 324th / West side of - 23rd Ave-S,-from 110 Flaee-south-to-S-320ih.- This -project is currently -only funded -for -design -which -is - -- anticipated to take place between 2024-2026. A summary of the grant funding is as follows: Project (Funding Phase) Estimated Grant Fund Required City Years of Grant Pro'ert Cost Amount Match Ex enditure Citywide High Friction Surface Treatments (Design, Construction) High Safety Improvement (Federal) $952,000 $952,000 $0 2023-2024 Pacific Highway Non -Motorized Trail - S 308" Street to S 288" Street Construction Countywide Large Jurisdiction $4,271,000 $3,360,000 $671,000 2025-2026 (Federal) S 320" Street - I" Ave S to Pacific Hwy S Preservation (Design, Construction Countywide Pavement Preservation $3,000,000 $1,450,000 $1,550,000 2025-2026 Federal BPA Trail - City Center Extension (Design) Countywide Non -Motorized Program $800,000 $600,000 $200,000 2024-2026 (Federal) RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation to accept grant funding for the following projects: Citywide High Friction Surface Treatments; Pacific Highway Non -Motorized Trail — S 3081h Street to S 28811 Street; S 320th Street — Ist Ave S to Pacific Hwy S Preservation; BPA Trail — City Center Extension. WHEREAS, the City of Federal Way applied for federal funds from Washington State Department of Transportation (WSDOT) for the purpose of providing high -friction surface treatments on sharp curves throughout the City; and WHEREAS, City of Federal Way applied for federal funds from the Puget Sound Regional Council (PSRC) for the purpose of completing a pavement preservation project on SW 320th Street between 1 st Ave S and Pacific Highway S, constructing a non -motorized trail along the 161h Avenue S alignment between S 308' Street and S 2881h Street (aka. Pacific Highway Non -Motorized Trail), and designing the BPA Trail — City Center Extension; and WHEREAS, WSDOT agreed to grant the City of Federal Way federal funds in the total amount of Nine Hundred Fifty -Two thousand and no/100 Dollars ($952,000.00) for High Friction Surface Treatments; and WHEREAS, PSRC agreed to grant the City of Federal Way federal funds in the total amount of One Million Four Hundred Fifty Thousand and no/100 Dollars ($1,450,000.00) for the S 320th Street (1 st Ave S to Pacific Highway S) Preservation; and Three Million Six Hundred Thousand and no/100 Dollars ($3,600,000.00) for the Pacific Highway Non -Motorized Trail Phase II construction (S Dash Point Road to S 288th Street), and Six Hundred Thousand and no/100 Dollars ($600,000.00) Resolution No. 22- Page I of 4 Rev 1/22 for the design of the BPA Trail — City Center Extension provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept the federal funds in the amount of Nine Hundred Fifty -Two Thousand and no/100 Dollars ($952,000.00) for Citywide High Friction Surface Treatments; One Million Four Hundred Fifty Thousand and no/100 Dollars ($1,450,000.00) for the S 320th Street (1st Ave S to Pacific Highway S) Preservation; Three Million Six Hundred Thousand and no/100 Dollars ($3,600,000.00) for the Pacific Highway Non -Motorized Trail Phase II construction (S 308th Street to S 2881h Street), and Six Hundred Thousand and no/100 Dollars ($600,000.00) for the BPA Trail — City Center Extension. Section 2. Execution of the Local Agency Agreements. The Mayor or his designee is hereby authorized to execute Local Agency Agreements regarding the Citywide High Friction Surface Treatments: S 320th Street (1st Ave S to Pacific Highway S) Preservation; Pacific Highway Non - Motorized Trail Phase II construction (S 308th Street to S 288th Street), and BPA Trail — City Center Extension. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreements, the City commits matching funds of up to Zero and no/100 Dollars ($0.00) for the Citywide High Friction Surface Treatments; One Million Five Hundred Fifty Thousand and no/100 Dollars ($1,550,000.00) for the S 320th Street (1st Ave S to Pacific Highway S) Preservation; Six Hundred Seventy -One Thousand and no/100 Dollars ($671,000.00) for the Pacific Highway Non -Motorized Trail Phase II Resolution No. 22- Page 2 of 4 Rev 1/22 construction (S 3081h Street to S 288th Street), and Two Hundred Thousand and no/100 Dollars ($200,000.00) for the BPA Trail — City Center Extension design. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. .Section d. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20 . CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK Resolution No. 22- Page 3 of 4 Rev 1/22 APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 4 of 4 Rev 1/22 COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADAPTIVE TRAFFIC SIGNAL CONTROL — AGREEMENT WITH KING COUNTY POLICY QUESTION: Should City Council approve the agreement with King County as part of the Adaptive Traffic Control System project? COMMITTEE: Land Use and Transportation Committee 7o MEETING DATE: November 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑C Resolution ❑ Other STAFF REPORT BY: Rick Pere4 RE, City Traffic Engineer 7-�t DEPT: Public Works Attachments: 1. Staff Report 2. Agreement 3. Exhibit A Options Considered: 1. Approve proposed agreement. 2. Do not approved proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAlt—AWR DIRECTOR APPROVAL: ► — Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the November 15, 2022 consent agenda for approval. SE<� VCd V-\ Ck-zc yl Comrrlittee.-Cilair Committee Member Committee ember PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1 1/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Rick Perez, P.E., City Traffic Engineer -/;f SUBJECT: Adaptive Traffic Signal Control — Agreement with King County Financial Dupacts: The cost to the City for the Adaptive Traffic Control System was included within the approved budget under the Public Works Transportation Capital program. In accordance with the approved budget, this item is funded by Congestion Management and Air Quality grants from PSRC in the amount of $1,600,000, a Highway Safety Improvement Program grant from WSDOT, and $875,000 in Real Estate Excise Tax and Traffic Impact Fee funds. Upon completion of the Adaptive Traffic Control System, future costs will be approximately $20,000 per year due to ongoing costs associated with operations and maintenance, which have been included in the Public Works Traffic Maintenance operating budget since 2021-22. Background Information: The Adaptive Traffic Control System is a system of traffic signals in which real-time traffic data is used to continuously optimize traffic signal timing to reduce delays and fuel consumption. Phase I consisted of 25 traffic signals on S 320`h Street between 8'AveAue S and S Peasley Canyon Road at S 321"Street and all signals in City Center, including two traffic signals owned by WSDOT and two owned by King County. Phase 2 added 18 more intersections south of S 324' Street and east of I" Avenue S, including three traffic signals owned by WSDOT. Phase 3 added 13 more intersections north of S 312' Street and east of V Avenue S, one of which is owned by King County. The following map shows the extent of the project. For continuity of traffic signal coordination, the project includes three traffic signals owned by King County, all of which abut City limits. These are: • S 320' Street / S Peasley Canyon Road at Military Road S; • S 321" Street at S Peasley Canyon Road; and • 31s` Avenue S at Military Road S. As part of this agreement, the City is committing to operate these traffic signals and install and maintain equipment associated with the adaptive system at these signalized intersections at the City's expense. In addition, the City is committing to the following: • Using King County standards for setting various signal timing parameters (which are similar to the City's); • Providing access to the signal management system for the County to monitor signal operations. Rev 6/2019 November 7, 2022 Land Use and Transportation Committee Adaptive Traffic Signal Control — Agreement with King County Page 2 Additional traffic signals may be added to the scope of this agreement upon written modification of the City's Public Works Director and the County's Director of Road Services Division. The term of the agreement is until cancelled by either party with 60-day notice. Keni Adaptive Traffic Control System SM 421 Phase 1 0 City O Phase 11 0 County ❑ Phase III * WSDOT L Des Ma r. a r Q enk r'" Ra g OQ h� SW 3121h St Sr SW 320th St 3 N (n a > _ a T m N SW Cams G� 0� Q � r S 3481 a N ,. SW 3561h St W Z a 3 c` �4 Q Meg/ N Q y S 288th St PHASE III 304th St _J a 324th S1 Federal 44vay +rf PHASE 11 U) a> r CO N f PHASE I Auburn S INTERLOCAL AGREEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AND RELATED EQUIPMENT FOR FEDERAL WAYS ADAPTIVE TRAFFIC CONTROL SYSTEM This agreement is made and entered into by and between King County, a political subdivision of the State of Washington ("County") and the City of Federal Way ("City"), and hereinafter referred together as the ("Parties"). RECITALS A. The City has a series of Capital Improvement Projects ("Projects") to provide adaptive traffic control systems throughout the City. B. The Projects are proposed to extend beyond the corporate limits of the City into unincorporated areas under the jurisdiction of the County where they could improve traffic signal operations for their respective corridors. C. The County owns and operates certain traffic signals, listed on Exhibit A, along corridors that would be addressed by the Projects. D. The Projects include providing fiber optic communications cable and equipment, replacing County traffic signal equipment, including signal controllers and various components in traffic signal controller cabinets, installing additional vehicle detection, and installing closed circuit television surveillance cameras. E. The Parties find that it would be mutually beneficial for the City and the County to maintain their respective traffic signals and their components, surveillance cameras, and fiber optic communications cable and associated equipment. F. The Parties find that it would be mutually beneficial for the City to manage and maintain the adaptive traffic control system utilized for city streets, and the County -owned traffic signals listed on Exhibit A. G. The Parties are authorized, pursuant to Chapter 39.34 RCW, to enter into an interlocal governmental cooperative agreement of this nature. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Annlicability This Agreement applies to the operation of signal timing and maintenance of City -installed and County - owned traffic signal equipment, communications cable and associated equipment, and surveillance cameras listed on Exhibit A. 2. Transfer of Ownershi Following final inspection and acceptance by the City and County of the Projects installing equipment within County rights -of -way, ownership of City -provided traffic signal equipment, communications cable and associated equipment, and surveillance cameras located within County rights -of -way shall automatically transfer to the County. However, due to federal procurement requirements, said equipment shall remain in service for the duration of its useful life. 3. City Responsibilities 3.1. The City shall pay for the initial purchase, installation, integration, testing, and acceptance of traffic signal equipment, communications cable and associated equipment, and surveillance cameras related to the Agreement as part of the construction of the Projects. 3.2. The City shall provide the County the adaptive traffic control timing parameters to review and approve prior to implementation. 3.3. The City shall operate the traffic signal equipment, communications cable and associated equipment, and surveillance equipment on County roads in accordance with the County approved signal timing parameters and shall be responsible for all costs associated with their operation including but not limited to signal timing generation and implementation. In addition, the City shall respond to public records requests and citizen inquiries regarding traffic signal operations and periodic review of traffic signal timing. 3.4. The City shall not alter the County's clearance intervals at County -owned traffic signals subject to this Agreement without first obtaining written authority from the County to proceed. 3.5. The City may alter traffic signal phasing sequence, cycle lengths, splits, and offsets on a real-time basis to optimize traffic signal operations within the County -approved parameters set in the adaptive traffic control system. The City shall notify the County when alteration to the traffic signal phasing sequence, cycle lengths, splits, and offsets are made as soon as practicable. 3.6. The City shall provide the County with necessary documentation of the County traffic signals' deficiencies as they become apparent during operation of the County traffic signals. The City shall provide this information to the County as soon as practicable. 3.7. The County shall receive full access rights to the City's TACTICS system to remotely monitor and operate the traffic signal timing and traffic flow information for County signals. To that end, the City shall provide access via dedicated workstations at the County Signal Shop and Traffic Management Center and remote Internet access. 3.8. The City shall own and maintain the optic cable that is within the City right-of-way. The County shall own and maintain the optic cable that is within the County right-of-way. Use of the fiber optic cable shall be available to the City, County, and Washington State Department of Transportation as necessary to provide communication between the County and City Traffic Management Centers (TMCs) and allow access to County equipment from the County TMC. 4. County Responsibilities 4.1. The County shall own and maintain the fiber optic cable that is within the unincorporated King County right-of-way. The City, County, and Washington State Department of Transportation are permitted to utilize the fiber optic cable. 4.2. The County shall continue to own and maintain the traffic signals located in unincorporated King County listed in Exhibit A. In accordance to Section 2, this includes the accepted and transferred equipment installed by the City's Projects. 4.3. The County, in the event of an emergency, such as acts of nature or vandalism or traffic collisions, shall have the ability to remove its traffic signals from adaptive traffic control system provided by the City to reduce resultant traffic hazards without written authority from the City. In such circumstances, the County shall notify the City of this signal control as soon as practicable. 4.4. The County shall notify the City of modifications the County intends to make to County signals that could impact the operation of the traffic signal at that intersection or impact the operation of the corridor(s) in which that intersection is located prior to the implementation of those changes. In the event a condition exists resulting from acts of nature, third party damage, unknown third party damage, or other reasons, the County may remove any obvious and immediate traffic hazards before notifications to the City. S. Coordination 5.1. The City and the County shall cooperate with each other in good faith as to the operation of the adaptive traffic control system. 5.2. The City and the County shall cooperate with each other in good faith to monitor and evaluate the operation of the signal timing to address any problems as they develop. The Parties shall meet quarterly or at any other time upon request by any Party to review traffic pattern changes, detour routes, coordination issues, system changes, and maintenance and operation issues, regarding County signals and the adaptive traffic control system. 6. Data information and Exchange 6.1. The City and County shall make available to each other such information and data, if available, that may be useful in coordinating the operation and maintenance of the intersections and corridors. This information and/or data includes, but is not limited to, traffic counts, signal status, detector occupancy, timing plans, and video signals. The Parties recognize that certain information and/or data may be time -sensitive and should be provided as quickly as practicable to the other Party. 6.2. The City and County shall agree upon how to configure the data exchange network server to control what information is available to each party. The City and County agree that all data should be made available to each party, unless there is a legal, operation, or proprietary reason for withholding the data or information. 7. Traffic Signal Addition or Deletion Exhibit A may be modified by adding or deleting intersections applicable to this Agreement upon written modification, signed by the Public Works Director for the City and Director of the County's Road Services Division. B. Terms of Agreement and Termination 8.1. The term of this Agreement shall begin on the date this Agreement is executed and shall be effective until terminated by either Party. 8.2. The City or the County may terminate this Agreement for any reason by providing sixty (60) days written notice to the other Party. 8.3. The Roads Services Division of the County and the City shall enter into a separate agreement for maintenance and usage of the fiber optic cable that runs through the Parties' rights -of -way to maintain communication between traffic signals and the Traffic Management Centers of each Party. am ME If a claim, demand, or cause of action arises from the negligent act or failure to act or intentional wrongful act of one of the Parties hereto, or its officers, agents or employees, then that Party shall indemnify, defend, and save the other Party and its officers, agents, and employees harmless therefrom; provided, however, that such provision shall not apply to the extent that damage or injury arises from the fault of the other Party, its officers, agents, or employees. In the case of negligence of both the City and the County, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party, and each Party shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. Each party hereby waives for itself and its employees any immunity to which it may be entitled under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the other party as provided herein, which waiver has been mutually negotiated by the Parties. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors and subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. The City shall require each contractor engaged in installation, monitoring and/or other activities described in this Agreement to cover King County as an additional insured under such contractor's general and automobile liability policies, and to include King County as an indemnified party in each such agreement pertaining to activities described herein. City shall provide County certificates of insurance and additional insured endorsements evidencing the aforementioned coverage prior to commencement of any contractor's work described herein. 10. Audits and inspections The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by the City or the County during the term of this Agreement and three years after expiration or termination. 11. Other Provisions 11.1 The City shall be deemed an independent contractor for all purposes, and the employees of the City, or any of its contractors, subcontractors and their employees shall not in any manner be deemed to employees of the County. 11.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County, or their officials, employees, agents, or representatives, to any party not a signatory to this Agreement. 11.3 Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement 11.4 If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the Parties. 11.5 The captions in this Agreement are for convenience only and do not in anyway limit or amplify the provisions of this Agreement. 11.6 This Agreement contains the entire Agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. Nothing in this Agreement shall alter other agreements between the City and the County with respect to the County's provision of traffic signal maintenance services to the City or the shared use of fiber-optic cable for the operation of transit signal priority systems elsewhere in the City. 11.7 This Agreement may be amended only by an instrument in writing, duly executed by the Parties, provided that Exhibit A may be modified as set forth in Section 7, Traffic Signal Addition or Deletion. [signature page follows] IN WITNESS, the Parties execute this Agreement below, effective the last date written below: CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: KING COUNTY: Dow Constantine, County Executive DATE: STATE OF WASHINGTON ] ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Dow Constantine, to me known to be the County Executive of King County that executed the forgoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of . 20. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires EXHIBIT "A" TRAFFIC SIGNAL SYSTEM OPERATED BY THE CITY AND MAINTAINED BY THE COUNTY S 320th Street / S Peasley Canyon Road at Military Road S S 321st St at S Peasley Canyon Road 31st Avenue S at Military Road S COUNCIL MEETING DATE: November 15, 2022 ITEM #: 7p . . ... ......... ....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AWARD 2023 STREET SWEEPING SERVICES CONTRACT POLICY QUESTION: Should council authorized award of the 2023 Street Sweeping Services contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation MEETING DATE: November 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler,.P.EW, Deputy Director— � DEPT:Public Works Attachments: 1. Staff Report 2. Bid Tabulations Options Considered: 1. Award the 2023 Street Sweeping Services Contract to McDonough and Sons, Inc., the lowest responsive, responsible bidder in the amount of $273,765.60 for a two-year term, authorize a contingency in the amount of $13,688.28 for total contract authorization of $287,453.88, and authorize the Mayor to execute the contract. 2. Do not award the 2023 Street Sweeping Services Contract and provide direction to staff. MAYOR'S RECOMM MAYOR APPROV �.a`, DIRECTOR APPROVAL: C onoi9l I r - O- Initial/Date COMMITTEE RECOMMENDATION: "I move to forward Option 1 to the November 15, 2022 consent agenda for approval. " _ �oP� �'edyi a2.o�rrL Chair Jack: Wash, Committee Member Hoarlg Tr Committee Member PROPOSED COUNCIL MOTION: "I move award of the 2023 Street Sweeping Services Contract to McDonough and Sons, Inc., the lowest responsive, responsible bidder in the amount of $273, 765.60 for a two-year term, authorize a contingency in the amount of $13,688.28 for total contract authorization of $287,453.88, and authorize the Mayor to execute the contract" (BELOW TO BE COMPLETED 8YCITYCLERK" S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2022 TO: City Council VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Desiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Award 2023 Street Sweeping Services Contract FINANCIAL IMPACTS: Budget for street sweeping services was included in the proposed 2023-2024 budget and is paid out of Fund 401 Surface Water Management. This contract will start January 1, 2023 and last for a two-year term. BACKGROUND INFORMATION: One bid was received and opened on October 27, 2022 for the 2023 Street Sweeping Services Contract. The total bid for this contract is as follows: Company Bid Amount McDonough and Sons, Inc. $130,882.80 Available Annual Budget $150,000.00 Amount The lowest responsive, responsible bidder is McDonough and Sons, Inc. with a total bid of $130,882.80. McDonough and Sons, Inc. is our current contract sweeper and has performed well. The proposed award would include $6,000.00 per year for emergency/on-call sweeping. In addition, the contract provides for an annual contract increase not -to -exceed the June Puget Sound consumer price index (CPI) proposed to be covered by a 10% contingency that would only be authorized through contract amendment. The total contract award and contract authorization is proposed as follows: November 7, 2022 Land Use and Transportation Committee Award 2023 Street Sweeping Services Contract Page 2 Description Scheduled Sweeping (January 1, 2023 — December 31, 2023) Emergency / On -Call Sweeping FY 2023 Scheduled Sweeping (January 1, 2024— December 31, 2024) Emergency / On -Call Sweeping FY 2024 Total Contract Contingency* Total Contract Authorization *Note: The contingency is calculated as 10% of the 1-year contract expenditure. Bid Amount $130,882.80 $6,000.00 $130,882.80 $6,000.00 $273,765.60 $13,688.28 $287,453.88 City of Federal Way, WA 2023 STREET SWEEPING SERVICES RFB No. 23-001 Bid Opening Date: October 27, 2022 Bid 1 Vendor Name ---> McDonough & Sons, Inc. Location ----------> Ravensdale, WA Cost per Cost per # Time Item Amount Unit Mile Sweeping per Year Total Cost 1 Major Arterial Streets 23.37 Miles $72.50 $1,694.33 12 $20,331.90 2 Minor Arterial Streets 9.33 Miles $72.50 $676.43 12 $8,117.10 3 Collector Arterials 53.84 Miles $72.50 $3,903.40 12 $46,840.80 4 State Routes 15.38 Miles $72.50 $1,115.05 12 $13,380.60 5 Residential Streets 145.56 Miles $72.50 $10,553.10 4 $42,212.40 Total Basic Annual Bid $130,882.80 Cost per Hour 6 Emergency Call out 1 Hours $75.00 n/a BID TOTAL PER YEAR $130,882.80 Bid Signature Yes Addendum Acknowledged n/a Bid Bond Yes Subcontractor List n/a Combined Affidavit and Certification Form Yes Contractor's Compliance Statement Yes Contractor Wage law Compliance Cert Yes Page 1 of 1 COUNCIL MEETING DATE: November 15, 2022 ITEM #: 7q . .. . ........ . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONTRACT INCREASE FOR CONCRETE BEVELING SERVICES — TRIP HAZARD REMOVAL CONTRACT POLICY QUESTION: Should city council authorize increase of the contract amount of Precision Concrete Services, Inc.'s concrete beveling services (trip hazard removal) contract? COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: November 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler. P.E., De u Director DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed increase of Precision Concrete Services, Inc.'s concrete beveling services (trip hazard removal) contract in the amount of $100,000 to a total contract amount of $350,000. 2. Do not approve the proposed contract increase and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: C DIRECTOR APPROVAL: c 6 Ini6al/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed contract increase to the November 15, 2022 consent agenda for approval. " �y V� 0, -Z-VDCt 1 Committee Chair Jack Walsh, Committee Member lloang'i'ran. Committee K-1emher PROPOSED COUNCIL MOTION: "I move approval proposed increase of Precision Concrete Services, Inc. 's concrete beveling services (trip hazard removal) contract in the amount of $100, 000 to a total contract amount of $350, 000, and authorize the Mayor to execute said amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2022 TO: City Council VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director ��,_r FROM: Desired S. Winkler, P.E., Deputy Public Works Director D$V SUBJECT: Contract Increase Concrete Beveling Services — Trip Hazard Removal Contract FINANCIAL IMPACTS: Funding for the Concrete Beveling Services — Trip Hazard Removal contract is included in the proposed Streets Maintenance fund (10 1 ) budget for 2023/2024. Streets maintenance funding consists of general funds (utility tax, sales tax, property tax, etc.) and Motor Vehicle Excise Tax (MVET). BACKGROUND INFORMATION: The city has responsibilities for sidewalk maintenance in large portions of the City. The City has on -going maintenance related to uneven sidewalk surfaces that create trip hazards. These trip hazards are primarily a result of tree roots heaving the panels. One way to correct these trip hazards is to saw or grind the "high" side of the panel to be even with the adjacent panel. From the inspections conducted as part of our Americans with Disabilities Act (ADA) Transition Plan, we estimate over $350,000 of trip hazard removal back log on our arterial sidewalk system. Although city staff has the capabilities of completing this type of work, and will continue to do so, the backlog is too much and the assistance of a contractor is needed. The city is prioritizing the arterials in areas of highest pedestrian usage. In early 2021, the city requested bids from all small works contractors listed under "Concrete Sidewalk — Trip Hazard Removal" category. One bid was received. Precision Concrete Cutting, Inc. was the lowest, responsive, responsible bidder. The original contract was executed in the amount of $100,000 and was approved to be amended to increase the contract to $250,000. Task orders completed to date include: SW Campus Drive/S 348t" between 7t"Ave SW and Enchanted Parkway; and Pacific Hwy from S 356t" to S 312t", SW/S 3201" between 215Y Avenue SW and 23`d Ave S, and 1st Avenue between S 356t" and S 312t". Over 1,800 trip hazards were removed. Staff proposes to increase this public works maintenance contract by $100,000 for a new not -to - exceed amount of $350,000.00. Scope and schedule will be agreed upon via task orders with work completed no later than December 31, 2023. H610 M COUNCIL MEETING DATE: November 15, 2022 ITEM #: 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 ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford,�C,ommunity Services Mangier 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. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL. DIRECTOR APPROVAL: b Z5 Z2 Com ittee Cavncil ini�iallpa Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward items K (Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan) and L (2023-2024 Human Services General Fund Grants) to a public hearing and item M (ARPA Social Services and Business Supports Proposal) to the Council Business agenda at the November IS, 2022 Regular Council Meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I 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 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 # 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 ---projeets-or to reimburse subrecipients for -expenses incurred in-canying 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." Rev. 7/18 P.. a W!�i � I CITY OF Federal Way Centered on Opportunity Community Development Block Grant (CDBG) 2023 Annual Action Plan Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 91.200(c), 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) 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: 9 Notice of Funds Available for PY2023/PY2024 CDBG Public Services funds was published in the Federal Way Mirror on March 11, 2022. a 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 2 OMB. Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Role Name CDBG Administrator FEDERAL WAY I Community Services Division Table 1— Responsible Agencies Narrative The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Sarah Bridgeford, Community Services Manager, is the program administrator. Patti Spaulding-Klewin, Human Services Coordinator, is the primary staff responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Consolidated Plan Public Contact Information Sarah Bridgeford Community Services Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) (253) 835-2609 (facsimile) Sarah.Bridgeford@cityoffederalway.com Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 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) 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 5 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 11 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City of Federal Way solicited input on needs, goals, and strategies for the 2023 Annual Action Plan. Public input has been encouraged throughout the planning and development process as well as targeted stakeholder engagement. The City engaged with partners locally and throughout the region including nonprofits; local, county, and state government; and citizens to gather input on the City's goals and strategies for its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. City staff meets regularly with human service providers, other regional cities, and funders to discuss services for individuals and families experiencing homelessness to seek solutions to both local and regional community development problems. These forms of engagement provide invaluable information. Citizen participation informs the City's goals and strategies and, in the process for the 2023 Annual Action Plan, confirmed the adopted goals and strategies. COVID-19 is significant and was a frequent discussion topic in relation to CDBG. However, two of the primary areas of concern are housing and economic stability, both of which are addressed in the adopted goals, objectives, and strategies. As the City will be reallocating a portion of the funding in this plan and with CDBG-CV funds allocated via the CARES Act, additional outreach will be added and updates incorporated accordingly. Table 2 — Citizen Participation Outreach Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2023 Program Year: • CDBG • City General Fund (targeted to human services/public services) Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre -award costs incurred by projects included in the 2023 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to the implementation of the activities and for continuity of services to the Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) E3 community. Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Annual Program Prior Year Total: of Funds Amount Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition CDBG funds leverage additional federal federal Admin and and state funds. Agencies are able to Planning combine funding sources in order to Economic provide a wider range of services to the Development community. Housing Public Improvements Public Services 774,863 0 175,000 949,863 774,863 General public - Public Services The City provides general fund grants Fund local annually to agencies and organizations that deliver services in support of low- and moderate- income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services 712,000 0 0 712,000 712,000 dollars. Table 3 -Expected ResDurces — Priority Table Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services land public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. The PAEC will continue to recover and possibly generate jobs directly; jobs at the PAEC were impacted due to COVID-19 and measures implemented to address the pandemic. The PAEC acts as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. The hotel, a component of the development, has been delayed. This may change certain performance measures and will be updated accordingly. Discussion CDBG funds will be used to support eligible activities in accordance with CDBG regulations. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 10 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 Multi -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 2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 CDBG: $200,000 FUSION will purchase a 2-3-bedroom single family res.idence in Federal Way for families experiencing homelessness for up to 18 months. Housing is paired with case management and support services. Funding Description Target Date 03/31/2024 4 individuals experiencing homelessness will benefit. The address will be determined upon the award of the grant and the selection of a housing unit. Estimate the number and type of families that will benefit from the proposed activities Location Description Annual Action Plan 2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description This activity will take place at 28621 25th Place S, Federal Way, WA 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. Minor Housing Repair Program 5 Project Name i 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 112/31/2023 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 2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Planned Activities 7 Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 8 Project Name Target Area Goals Supported Needs Addressed Funding Description Activities will be provided at Apprenticeship & Non-traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057). 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. Catholic Community Services Stability Through Advocacy and Resources Prevent and Address Homelessness Address homelessness CDBG: $28,000 Case management and support services to individuals experiencing homelessness. 12/31/2023 21 persons will benefit. 1688 S. 348th St, Federal Way, WA 98003 Case management and support services to individuals experiencing homelessness Federal Way Community Center Inclusion Program Establish and Maintain Suitable Living Environment Living Environment CDBG: $30,000 The Inclusion Program provides social activities and classes for adults with developmental disabilities. Target Date 12/31/2023 Annual Action Plan 2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) 9 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 Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families_ that will benefit from the proposed activities Social activities, life skills training, trips, and others. Orion Employment Services Establish and Maintain Suitable Living Environment Living Environment CDBG: $18,000 Employment Services for adults with disabilities. 12/31/2023 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 Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Solid Ground Housing Stability Project Expand Economic Opportunities Economic Development and Job Growth CDBG: $90,000 Rent or move -in assistance to low- or moderate -income households. 12/31/2023 17 individuals will receive assistance. Annual Action Plan 2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) i 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 2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 Perce_ ntage of Funds North Federal Way 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 2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing-91.420, 91.220(j) Introduction This section of the Annual Action Plan summarizes actions the City will undertake during the Program Year to reduce barriers to affordable housing. The City is engaging in planning for the implication of its Housing Action Plan (HAP) and updating the Housing Element of the City's Comprehensive Plan. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The development of the Housing Action Plan (HAP) will inform actions for planning. However, the City has taken steps to address affordable housing and follow-up actions will continue to occur. In 2019, the City adopted a tax authorized by the State of Washington allowing for a recapture of a portion of the existing sales tax. These funds support affordable housing. The City is a member jurisdiction of the South King Housing and Homelessness Partners (SKHHP). SKHHP has made progress in establishing a Housing Capital Fund allowing for the sales tax revenue to be pooled with other jurisdictions to increase leverage and better support the development and retention of affordable housing. The City anticipates providing updates on the HAP and the Housing Capital Fund as they are available. Additionally, the City deferred to King County on another revenue opportunity. King County has enacted a new tax for affordable housing and connected services. The King County proposed program will focus on providing affordable housing to the chronically homeless persons, a population that is difficult to serve and frequently needs the deepest level of subsidy to attain affordable housing. King County has acquired a site in the City of Federal Way. Discussion Public policies can have a direct impact on the development of affordable housing. As mentioned above, the City developed a Housing Action Plan (HAP) and may implement strategies that have the potential of creating barriers to all housing, but will also specifically identify barriers to affordable housing. Such proposed actions include zoning regulations, development fees, approval and permitting systems, manufactured and modular housing, and others. The HAP provides analysis of the current policies and recommendations and action steps the City may take. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 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 2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. e Continue to participate in collaborative efforts with other funders, private sector groups, and Annual Action Plan 2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 0 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 2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) 8b COUNCIL 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 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. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: i 4 DIRECTOR APPROVAL: /to ZS' Z2 Comn ee cil lnxiailBate lnitiallC3ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward items K (Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan) and L (2023-2024 Human Services General Fund Grants) to a public hearing and item M (ARPA Social Services and Business Supports Proposal) to the Council Business agenda at the November 15, 2022 Regular Council Meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option I. " 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 # 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 $7-12,000.- $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. Rev. 7/18 Background 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 Share 1 App. 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. 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 ARPA funds are not used to fund the requested increase, the pro rata adjustment would be made to the recommendations at $712,000. The CDBGfunding-recommendations are-to-beinciuded- 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. Rev. 7/18 2023-2024 HSGF 2023-2024 HSGF Request Recommended Recommended 2023-2024CDBG Strategy Agency Program Name Amount Funding (Requested Funding (Current Public Services Increase) Allocation) One Strategy One: Address basic needs including housing, health, and hunger $374,700.00 $335,000.00 $56,000.00 (minimum of 40% of the funding) African Community Housing & Holistic Housing Support Development for the African Diaspora $30,000.00 $23,000.00 $10.000.00 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 Program Program $15,000.00 $10,900.00 $10,000.00 Catholic Community Services of King Countv Emergency Assistance $10.000.00 $8,000.00 $8,000.00 Catholic Community Services of King County Federal Way Day Center $100,000.00 $40.000.00 $40,000.00 Catholic Community Services of King Stability Through Advocacy County and Resources $30,000.00 $28,000.00 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 Reza Systems Navigation $21.000.00 $15,0000 $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 Habitat for Humanity Seattle King County Home Repair Program $50,000.00 HealthPoint Dental Care $25,000.00 $20,000.00 $20,000.00 HealthPoint Medical Care $20,000.00 $15,000.00 $15.000.00 Hospitality House Hospitality House $10.000.00 Kin_a County Bar Foundation Neighborhood Legal Clinics $12,000.00 $9,000.00 $8,000.00 Financial Assistance for IMary's Place Seattle Families Experiencing $100,000.00 $20,000 00 $20,000.00 IMission Africa IMission Africa $10,000.00 Resource Navigation iMulti-Service Center Services $37.200.00 $20,000.00 $20,000.00 Federal Way Baby Multi -Service Center Cupboard $8.000.00 $8.000 00 $8,000,00 Federal Way Food and Multi -Service Center Clothing Bank $35,000.00 $35,000.00 $30.000.00 Shelter and Supportive 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 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 1 King County Council Emergency Services $28.800.00 $28,800.00 $25.000.00 t Solid Ground WA Housing Stability Project $63,612.00 $28.000.00 Assistance of Transition Sound (formerly Sound Mental Health) from Homelessness) $10,000.00 $8,000.00 $8.000.00 Sound Generations Meals on Wheels $15.900.00 $12,000.001 $12,000.00 Volunteer Transportation Sound Generations Services (VTS) 1 $9.270.00 2023-2024 HSGF 2023-2024 HSGF Request Recommended Recommended 2023-2024CDBG Strategy Agency Program Name Amount Funding (Requested Funding (Current Public Services Increase) Allocation) 1 SSHA Housing Stability St. Stephen Housing Association Program $15.000.00 1 Weekend Backpacks for The YMCA of Greater Seattle Hunger Alleviation $15.000 00 1 family empowerment Ubumwe Women Association :support group $42,909.00 1 Immigration Legal Program West African Community Council QILP) $10.000.00 $7,000.00 1 Children's Basic Needs WestSide Baby Program $15,000.00 1 Refugee and Immigrant World Relief Western Washington Neighbors $40.000.00 TWO Strategy Two: Promote individual and community safety through prevention, $156,300.00 $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 2 2023-2024 Youth Big Brothers Big Sisters of Puget Sound Mentoring S23.339.001 $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) lCIN 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 2 ELAP Pooled Cities Eastside Legal Assistance Program General Request $30,000.00 2 PACT - Parents and institute for Family Development Children Together — $15,980.00 $16,000.00 S15,000,00 2 (Kent Youth and Familv Services Behavioral Health Program $10.000.00 $8.000.0011 $8.000.00 2 King County Sexual Assault Resource Comprehensive sexual Center assault advocacy services $22,000.00 $22.000,00 $15.000.00 2 Health Counseling - Valley Cities Counseling & Consultation (Federal Way) $21.000.00 $19,000.00 $15.000.00 2 Emergency and Education Washington Poison Center Services $5,700.00 $5,000.00 $5.000.00 2 'West African Community Council Housing Services $10,000.00 2 Violence Specialized YWCA Seattle I King I Snohomish Services (CGBVS) $10,000.00 $7.000.00 $5,000.00 2 Specialized Services YWCA Seattle I Kinq I 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. 3 .Aerospace Joint Apprenticeship Manufacturing Training Committee (AJAC) Programs $10.000.00 $7,000.00 $6.000.00 3 Construction Training and .ANEW Supportive Services $12.000-00 $12.000.00 3 Babies of Homelessness Babies of Homelessness Diaper Bank Proaram $14.450.00 The Human Service 3 Bighug-KARC Funding Collaborative $10,000.00 3 Club and EX3 Teen Center Boys & Girls Clubs of King Countv - Youth Development $9.000.00 $9.000.00 $9,000.00 3 Bridge Disability Ministries Guardianship $5.000.00 3 Catholic Community Services of King County Volunteer Services $13.000.00 $10.000.00 $10,000.00 3 Recreation & Cultural City of Federal Way Parks Department Services Inclusion Program $30,000.00 $30,000.00 3 DAWN - Domestic Abuse Women's -Community Advocacy Network 1 Program 1 $18.000.00 $15,000.00 $15,000.00 3 DAWN - Domestic Abuse Women's Domestic Violence Network Emergency Shelter $15.000.00 $11,000.00 $7.000.00 2023-2024 HSGF 2023.2024 HSGF Strategy Agency Program Name Request Recommended Recommended 2023-2024 CDBG 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 3 (OY) build a pathway to a Northwest Education Access livable wage career by $15,000.00 $8,000.00 $5,000.00 3 Multicultural Family 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 Emplovment Employment and Training $10.000.00 3 REACH REACH Center of Hope $33.600.00 qOO 3 South King Tool Library 'Tool Lending $40.000.00 $, $15,000.00 Leadership, Intervention, 3 The Children and Youth Justice Center and Change (LING) $10.000 00 $8,000.00 $5,000.00 3 The Genesis Project Drop -in Center Operations $7,530.001 $6,000.00 3 Ukrainian Community Center of Crisis Family Intervention Washington •(CFI) $20.000.00 $16.000 00 3 Ukrainian Community Center of Refugee Assistance Washington Program (RAP) $20,000.00 $16,000.00 ALL $1,711,351.00 $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. - 9a COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL CONFIRMATION OF THE ECONOMIC DEVELOPMENT DIRECTOR POLICY QUESTION: Should the City Council confirm the Mayor's appointment of Tanja Carter as the Economic Development Director? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:: Vanessa Audett,.,HR Manager DEPT: Human Resources Attachments: 1. Staff Report Options Considered: 1. Confirm the appointment of Tanja Carter as the Economic Development Director. 2. Do the appointment of Tanja Carter as the Economic Development_-_ Director. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A DIRECTOR APPROVAL: N/A Committee • Cou it Initial/Date Initial/Date Initi atc COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the appointment of Tanja Carter as the Economic Development Director. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: November 15, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Vanessa Audett, Human Resources Manager SUBJECT: Council Confirmation of the Economic Development Director Mayor Ferrell has appointed Tanja Carter as the City's next Economic Development Director. Upon receiving Council Confirmation, Ms. Carter will begin employment on December 15, 2022. Tanja is trilingual (English, German, Spanish), earned a BA in Economics from The American University in Washington DC, and holds a Real Estate Investment Banking Certificate from the European Business School. Most recently, Tanja worked as an Economic Development Strategist for the City of SeaTac, as an Economic Development Officer for the City of Auburn, as a Marketing Manager for Brooks Running, and as Business Development & Marking for Pacific Program Management. Tanja has also owned and operated The Missing Link Brand Engineers (Dubai, Munich, Seattle) and served as an Economic Development Advisor/Director for GAA-Marta Consulting in Dubai. Tanja's personal hobbies include National Ski Patrol, mountain biking and concert violin. Financial Impacts: The Economic Development Director is a fully -funded, budgeted replacement position. Background Information: The City's former Economic Development Director resigned in April 2022. The City engaged The Greg Prothman Company to conduct a national search for a replacement. The interview process consisted of two interview panels and a city tour, which included members of the City's management team, the Federal Way Chamber of Commerce CEO, Deputy Mayor Honda, and Councilmember Norton. Mayor Ferrell interviewed the top. two finalists from the interview process. COUNCIL MEETING DATE: November 15, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: 2023 FEE SCHEDULE ITEM #: POLICY QUESTION: Should the City Council approve the proposed Fee Schedule for 2023? COMMITTEE: NA MEETING DATE: NA CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Chase Donnell, Deputy Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Resolution: 2023 Fee Schedule Options Considered: 1. Approve proposed resolution. 2. Do not approved_proposed resolution and;,provide direction to staff. MAYOR'S RECOMMENWION: Option 1. MAYOR APPROVAL: 7 IRECTOR APPROVAL: COMMITTEE RECOMMENDATION: NA Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (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 onl)) ORDINANCE # REVISED— 1/2022 RESOLUTION # LZ CITY OF FEDERAL WAY MEMORANDUM DATE: November 15, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: Chase Donnelly, Deputy Finance Director SUBJECT: 2023 Proposed Fee Schedule Resolution Financial Impacts: This is the annual fee schedule adjustment, principally to keep up with Consumer Price Index (CPI). Gradual increases have been included in land use, plumbing, electrical, sign, and building permit fees based on using the CPI for All Urban Wage Earners and Clerical Workers for Seattle -Tacoma -Bellevue area. Transportation impact fees increase based on a three-year moving average of the WA State Department of Transportation Construction Cost Index. In addition, development agreements were added in land use, and shopping cart fees were increased. In section 9 of the attached schedule, Picnic Shelter Fees increased by 10%. Picnic area fees have not increased in the last four years. The City has added a new picnic shelter attendant at Steel Lake Park on the weekends to help with clean up and transitions between morning and afternoon rentals. This has helped with providing better customer service and has decreased calls to police to help resolve issues. A market study was done and found that the fees are comparable to surrounding cities. In addition, the damage deposit was increased from $500 to $1,000 due to trying to mitigate increased damage occurring during rentals. In section 15 of the attached schedule, the Community Center Membership Fees for Resident and Non -Resident members increased by between three and five percent and an increase of daily use fees by $2 per day; there is no change to corporate memberships. Minimum wage, and supply and equipment replacement costs have steadily risen over the past three years and this increase will help maintain the reserve at the Community Center. A market study was conducted by the Community Center, and found that membership prices were below competing offerings with similar amenities. Background Information: The City sets fees for various items within its jurisdiction, and are reviewed every year by each department and adjusted annually. The adjustments are based on inflation or recovery of costs associated with various licenses, permit processes, and other business activities provided by the City, and other adjustments have been made to remain consistent with surrounding jurisdictions. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, amending the fee schedule for 2023 and repealing the fee schedule adopted in Resolution No. 22-831. WHEREAS, the City is authorized under RCW 35A.11.020, 35A.63.100(2), and 19.27.040 to require licenses for the conduct of business, require permits for the construction of structures and improvements, and to impose fees to recoup the costs of processing and/or providing services; and WHEREAS, the Federal Way Revised Code establishes the basis for the assessment and/or collection of such license, permit fees, and service charges; and WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building permit fees and to establish Consumer Price Index for the Seattle -Tacoma -Bellevue area as the basis for such adjustments, and WHEREAS, the Transportation Impact Fees are indexed to provide for an automatic increase each year based on a three-year moving average of the Washington State Department of Transportation Construction Cost Index; and WHEREAS, the City Council finds it necessary to revise building -related permit fees in order to ensure that fees reflect changes in the types of permits issued, more accurately recover costs associated with permit issuance, to remain consistent with surrounding jurisdictions, and to correct inconsistencies and errors; and WHEREAS, the City Council finds it necessary to revise the City fee schedule upon review of the fee table. Resolution No. 22- Page 1 of 3 Rev 1/22 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Fee Schedule. The City of Federal Way hereby adopts the 2023 Fee Schedule as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for fees associated with the various licenses, permit processes, and other business activities of the City. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. The fee schedule adopted by this resolution shall be effective January 1, 2023. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of November 2022. [signatures to follow] Resolution No. 22- Page 2 of 3 Rev 1/22 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 3 of 3 Rev 1 /22 EXHIBIT A TYPE OF FEE Unaltered Cat license par year $60 $60 Unaltered Dog license par year $60 $60 Altered Cat: Altered Cat license for one year $20 $20 Altered Cat license for two year $35 $35 Altered Cat license for three year $50 $50 Altered Dog: Altered Dog license for one year $25 $25 Altered Dog license for two year $45 $45 Altered Dog license for three year $65 $65 Permanent License (owners 65 years of age and older) - if Altered No Fee No Fee Permanent License (disabled) - if Altered No Fee No Fee Other Fees: Replacement Tag $2 $2 Hobby Kennel/Hobby Cattery (Plus each individual animal must be licensed) $50 $50 Penalties: Less than 30 days renewal fee $10 $10 30 - 60 days late renewal fee $20 $20 Over 60 days late renewal fee $25 $25 No refund due to pet moving out of the area, or lost pet. The Manager may authorize a refund collected In error. SECTION TWO. BUSINESS REGISTRATION. IFII General Business Registration: New Business and renewals, all categories unless otherwise identified herein. New Business Registrations and Renewals: General Commercial Businesses to include, 2nd Hand Dealer, Dance Hall, Massage Parlor, Gambling (+ $50 per device up to 6), Restaurants Specially License: Second Hand Dealer See General Business See General Business Registration + $80 Registration + $80 Pawnbroker License See General Business See General Business Registration + $500 Registration + $500 Public Bathhouse: 1. Public Bathhouse Business See General Business See General Business Registration Registration 2. Bathhouse Attendant par attendant in addition to Business Registration fee $80 $80 3. Bathhouse Manager par manager in addition to Business Registration fee $80 $80 Public Bath House Proration: The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made renewals shall be required to be obtained and paid in full by January 31 of each respective year subsequent to June 30 the license fee for the remainder of that year shall be one-haN of the annual license fee. Annual License Renewal See below See below Late Penalty: Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of five percent or $5.00, Par FWRC 12.05.060 (7) Par FWRC 12.05.060 (71 whichever is higher, on the amount of the registration fee, and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25.00 or 25 percent of the amount of such registration fee, whichever is higher. TYPE OF FEE 2022 2023 Fee Fee SECTION THREE, CONSTRUCTION PERMITS (QD1 PERMIT FEES A. BUILDING The Building, Mechanical, Plumbing, and Sign Permit fees are calculated by applying Valuation Table A to the value of the work proposed. The valuation should include the typical construction methods for foundation work, structural and nonstructural building components, and interior finish material. The value of the work shall be determined by using Building Value Data as published and further updated by the International Code Council or by submission of a written project bid subject to approval by the Building Official. LIATIf1N TART F A Total Project Valuation $1.00-$1,000.00 Base $79.24 Incremental Factor N/A $1,000.01 - $2,000.00 $79.24 for first $1,000, plus $5.98 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2 000.01 - $25,000.00 $139.04 for first $2,000, plus $29.80 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25 000.01 - $50,000.00 $824.44 for first $25,000, plus $21.24 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50 000.01 - $100,000.00 $1,355.44 for first $50,000, plus $14.37 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100 000.01 - $500,000.00 $2,073.94 for first $100,000, plus $11.65 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500 000.01 - $1,000,000.00 $6,733.94 or first $500,000, plus $9.57 for each additional $1,000,00 or fraction thereof, to and including $1,000,000.00, $1 000 000.01 and u $11,518.94 for first $1,000,000, plus $7.54 for each additional $1,000.00 or fraction thereof. Note: Additional fees will apply to a permit, as noted here: All development permits are charged an automation fee. See Section Three, I for details. All building permits are charged an SBCC surcharge. See Section Three, I for details. All permit review includes review of the original submission and one resubmission Resubmit al of documents - Additional plan review fees will be assessed starting with second and subsequent resubmissions. Some building permits require plan review. See Section Three, G for details. Some building permits require plumbing fees. See Section Three, D for details, Some building permits require mechanical fees. See Section Three, C for details. Some building permits require a digitizing fee. See Section Three, I for details. Some building permits require an impact fee. See Section Thirteen for details. Some building permits require zoning review. See Section Seven, B for details. Some building permits require a South King Fire fee. See Section Five for details. B. DEMOLITION Permit Fee is based on total project demolition valuation. See Section Three, A, Valuation Table A to calculate fees. C. MECHANICAL General permit fees are based on total installation valuation. See Section Three, A, Valuation Table A to calculate fees. D. PLUMBING General permit fees are based on total installation valuation. See Section Three, A, Valuation Table A to calculate fees. E. ELECTRICAL Permit fee is based on total Installation valuation. Use Valuation Table B to calculate electrical permit fees. VALUATION TABLE B Total Project Valuation $1.00 - $1,000.00 Base $85.14 Incremental Fact N/A $1,000.01 - $2,000.00 $85.14 for first $1,000, plus $6.42 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,000.01 - $25,000.00 $145.56 for first $2,000, plus $32.03 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,000.01 - $50,000.00 $882.25 for first $25,000, plus $22.84 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,000.Of - $100'000.00 $1,453.85 for first $50,000, plus $14.83 for each additional $1,000.00 or fraction thereof, to and including$100,000.00. $100,000.Of - $500,000.00 $2,195.35 for first $100,000,plus $12.50 for each additional $1,000.00 or fraction thereof, to and including$500,000.00. $500,000.01 - $1,000,000.00 $7,195.35 for first $500,000, plus $10.30 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,000.01 and up $12,345.35 for first $1,000,000, plus $8.11 for each additional $1,000.00 or fraction thereof. F. SIGN 11) Permanent sign. Permit fee is based on total construction installation valuation. See Section Three, A, Valuation Table A to calculate fee. 30 % of Plan Review fee 30 % of Plan Review fee The total permit fee' for electrical signs includes an electrical connection fee. as follows: First sign $76 $83 Each additional sign on same application $36 $39 The total permit fee' includes a par sign planning surcharge, as follows: First sign $57 $62 Each additional sign on same application $21 $23 Note 1. Fee is based on actual hourly Personnel costs. (2) Temporary sign. Note: temporary signs are by separate permit. G. PLAN REVIEW FEES The specified plan review fees are separate from and in addition to the permit fees and are collected at application submittal. Building permit: 65% of the building permit fee Mechanical permit: 65% of the mechanical permit fee Plumbing permit: 65% of the plumbing permit fee Sign permit: 65% of the sign permit fee Electrical permit: 65% of the electrical permit fee South King Fire & Rescue: 15 % of the building permit fee [Commercial building permits ONLY] Outside consultant plan review. Any private or public professional services contract needed will be billed 100%, plus 10% billing and administrative charges. Note 1. Fee is based on actual hourly Personnel costs. Note: Fire prevention system plan review fees are found in Section Five. Fire Code -Annual Permits and Review fee section. 2022 TYPE OF FEE Fee 2023 Fee Fee SECTION THREE. CONSTRUCTION PERMITS (CD1(continued) H. ADDITIONAL OR SPECIAL INSPECTIONS The following fees are separate from and in addition to the permit fees and are collected in advance of work performed. Note: 1. Fee is based on actual hourly personnel costs. I. MISCELLANEOUS PERMIT -RELATED FEES Note: 1. Fee is based on actual hourly personnel costs. J. REFUNDS Permit applications: The Building Official may authorize the refunding of not more than 80% of the permit plan review fees paid, provided the applicant presents a written request to withdraw the application prior to the commencement of staff review. The automation fees are non-refundable. [ NOTE: The Building Official does not have purview over another department's or jurisdiction's fees. Please apply for other potential refunds separately, if applicable.] Issued permits: The Building Official may authorize the refunding of not more than 80 % of other, non -plan review -related building permit fees paid, provided the applicant presents a written request to cancel the permit prior to the commencement of any construction work covered by the permit and/or prior to the completion of any inspections by City staff. The automation fees are non-refundable. [ NOTE: The Building Official does not have purview over another department's or jurisdiction's fees. Planes apply for other potential refunds separately, if applicable.] K. RENEWALS Permit Renewal: Reauest for renewal of residential, multi-familv. and commercial building permit. $308 $335 L. PENALTIES Any person who shall commence any work far which a permit is required by this Code without fiat having obtained a permit may be required to pay double the permit fee fixed by this section for such work. Such double permit fee shall be in additional to any penalty for a violation of the provisions of this Code. SECTION FOUR. FALSE ALARMS. (EMS) False Alarm Fee Burglary Robbery Registration Fee $25 $25 Late Reaistration Fee Penalty $50 $50 Penalty Late False Alarm Payment Pe$25 $25 Appeal Hearma Cancellation Fee $10 $10 15% of Building Permit Fee 15% of Building Permit Fee with min $77.25 with min $84.05 Fire Prevention System Permits SECTION SIX FIREWORKS. (FIRE) SECTION SEVEN. LAND USE. (CD1 A. PRINCIPAL LAND USE AND SUBDIVISION -RELATED FEES: Accessory Dwelling Units (Includes submission & 1 resubmission) $535 $582 Administretive Determination I Code Interpretation (Includes submission & 1 resubmission) $764 $831 Annexations (Includes submission & 1 resubmission) $3,179 $3,459 TYPE OF FEE 2022 2023 )N SEVEN. LAND USE. (CD) (continued) Boundary Line Adjustment (Includes submission & 1 resubmission). Plus: $1,527 $1,661 Fire Review @ 5% $76 $83 Public Works Review $942 $1,037 Binding Site Plan, 2-4 lots (Includes submission & 1 resubmission), Plus: $3,818 $4,154 Fire Review Q 5% $191 $208 Public Works Review $1,670 $1,839 Binding Site Plan, 5-9 lots (Includes submission & 1 resubmission), Plus: $4,964 $5,401 Fire Review Q 5% $249 $271 Public Works Review $1,670 $1,839 Binding Site Plan, 10 & more lots (Includes submission & 1 resubmission), Plus: $7,636 $8,308 Fire Review Q 5% $382 $416 Public Works Review $1,670 $1,839 Change of Use (Includes submission & 1 resubmission) $381 $415 Development Agreement, New or Amended4 fee is based on actual hourly personnel costs Forest Practices Permit (Includes submission & 1 resubmission) $269 $293 Flood Plain Permit (Includes submission & 1 resubmission) $764 $831 Historic Designation Review (Includes submission & 1 resubmission) $152 $165 Lot Line Elimination (includes submission & 1 resubmission) $1,527 $1,661 Plat. Preliminary (Includes submission & 1 resubmission). Plus: $7,636 $8,308 Per Acre Fee $101 $110 Fire Review (c) 5% $394 $429 Public Works Review Base fee $4,785 $5,268 Plus per acre fee $184 $203 Plat. Final (Includes submission & 1 resubmission). Plus: $5,041 $5,485 Public Works Review $2,008 $2,211 Plat. Short 2-0 lots (Includes submission & 1 resubmission). Plus: $3,818 $4,154 Per lot $99 $108 Fire Review 0 5% $191 $208 Public Works Review $1,654 $1,821 Plat, Short 5 -9 lots (Includes submission & 1 resubmission), Plus: $4,964 $5,401 Per lot $99 $108 Fire Review 0 5% $248 $270 Public Works Review $1,654 $1,821 Pre -Application Meeting (Includes submission & 1 resubmission) $580 $631 Process I - Minor site review (Includes submission & 1 resubmission) $764 $831 Process 3 -Applications for radio tower & antenna structures for use by amateur radio operators required by FWRC 19.110.60(3) (Includes submission & 1 resubmission), Plus: $269 $293 Fire Review A 5% $14 $15 Process 3 -Administrative Variances (Includes submission & 1 resubmission) $4,582 $4,985 Public Works Review $369 $406 Process 4 - Hearing Examiner's Decision. [Base Feel (Includes submission & 1 resubmission). Plus: $4,868 $5,296 Fire Review ((D 5% $244 $265 Public Works Review $2,210 $2,433 Process 4 - Hearing Examiner Variance [Base Feel (Includes submission & 1 resubmission). Plus: $4,100 $4,461 Public Works Review $556 $612 TYPE OF FEE Public Notice Fee (for each required published notice) $183 $253 SEPA City Center Planned Action (Includes submission & 1 resubmission), Plus: $1,509 $1,642 Fire Review Fee @ 5% $75 $82 Public Works Review $737 $811 SEPA Environmental Checklist for Non -Project Action (Includes submission & 1 resubmission), Plus: $1,999 $2,175 Fire Review Fee @ 5% $100 $109 Public Works Review $369 $406 SEPA Checklist for Project Action (Includes submission & 1 resubmission), Plus: $1,999 $2,175 Fire Review Fee (& 5% $100 $109 Public Works Review $460 $506 Shoreline Conditional Use Permit, (Includes submission & 1 resubmission), Plus: $4,582 $4,985 Public Works Review $3,131 $3,447 Shoreline (Exemption Determination) (Includes submission & 1 resubmission) $381 $415 Shoreline Variance (Includes submission & 1 resubmission), Plus: $4,582 $4,985 Public Works Review $2,317 $2,551 Temporary Use Permit $152 $165 Tree Removal Request (Includes submission & 1 resubmission) $152 $165 Zoning Compliance Review -- Change of Use (Includes submission & 1 resubmission) $381 $415 Zoning Verification I Inquiries I Determinations (Includes submission & 1 resubmission) $152 $165 B. MISCELLANEOUS LAND USE FEES: Appeals $1,221 $1,328 [For appeals of Administrative Decision, SEPA Determination, Notice of Violation, or Hearing Examiner Decision] Automation fee (Applies to all Land Use and Development permits) $36 $39 Notes: 1. Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in the appeal action. 2. The South King Fire & Rescue (SKFR) administrative review fee in an amount equal to 5% of the land use fee imposed is charged and collected by the City and paid to SKFR. 3. Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works above the number of hours covered by the base amount allocated to Public Works for each application. 4. Fee is based on estimated hourly staff costs. C. REFUNDS OF LAND USE FEES. The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Director of Community Development may authorize the refunding of not more than 80% of the total application fees paid provided the applicant presents a written request to withdraw or cancel the application. The refund amount shall be determined at the Director's discretion and be based on the amount of staff resources utilized at the time of the request. D. MULTIPLE FEES When multiple land use fees are required for the same project, the highest fee shall be charged at full cost and each additional fee shall be charged at 25% of listed cost. Exceptions: 1) If a land use permit is required in conjunction with a subdivision application (preliminary plat, short subdivision or binding site plan), full fees for both types of permit shall he charged. 2) SEPA fees shall be charged at the full rate shown. SECTION EIGHT. MISCELLANEOUS. (MAYOR) Miscellaneous Review, Inspection or other Activity (Land Use, Public Works & Building Permit Services): Any public works, land use or building permit -related review, inspection or other activity not covered by the fee schedule, if performed by a City employee, is based on actual hourly cost, plus benefits of 35%, plus overhead of 25%, plus a $15/hr computer usage fee. Any private or public professional services contract needed will be billed 100%, plus 10% billing and administrative charges. TYPE OF FEE 2022 2023 Facsimile Usage (incoming/outgoing) 1st Page $3 $3 each additional page $1 $1 Bound Printed Documents Actual Cost Actual Cost Non -sufficient Funds Fee $25 $25 GIS Map and Data Requests:* 8 1/2 by 11 - Paper - Cc Maps that require extensive processing time or require additional Ink and plotting supplies will be charged at a higher rate. Applicable sales tax will be added to the costs. Staff Time to Complete Request, Per Hour $35 $35 Computer Usage, Par Hour $15 $15 Note: Staff time and computer usage will only be charged on requests for custom products. SECTION NINE, PARK AND CITY FACILITY USE FEES. MAR Steel Lake Picnic Rentals & Special Events Picnic Rentals Monday - Sunday Reservations are from 10:00 am - 3:00 pm and 4:00 pm - 9:00 pm with a Full Day option of 10:00 am to 9:00 pm #1 Steel Lake Park (Site #1) and Town Square Park Part Day $160 $190 Full Day $290 $320 #2 Steel Lake (Site #s 2-5), Adelaide, Laurelwood, Palisades, Sacajawea, and other requested sites (with City approval) Part Day Full Day 'Note: Groups over 120 require a Special Events Permits and subject to a different fee schedule and requirements. Special Events First three hours (3 hour minimum) Hourly rate after first 3 hours Damage Deposit Refundable Mnc damage -,its Additional charges on ALL permits/reservations: City -supplied additional trash cans Electricity Stage 'New stage with canopy City Hall Room Rentals Council Chambers (per hour) Non -Council Chamber Meeting Rooms (per hour) $95 $105 $170 $190 $210 $210 $70 $70 $500 $1,000 $60 $60 $30 $30 SECTION TEN. PUBLIC WORKS. (PWI A. Building Moving and Oversize/Overweight vehicle Permit. 1. Building moving through City $370 $407 2. Building moving into or within City $370 $407 Pre -move inspection, the higher of actual cost or $370 $407 3. Oversize/overweight vehicle permit $184 $203 B. Street and/or Easement Vacation Application 1-300 lines feet $1,156 $1,273 every 100 lineal feet thereafter, per 100 LF $184 $203 D. Single Family Residential Right -of -Way Modification Request, plus recording fee' $527 $580 1. Non -Residential Right -of -Way Modification ( including Plat. Multi -family, Commercial) $1,472 $1,621 2. Reconsideration of determination with aditional supplied information $2,800 $3,083 TYPE OF FEE 2022 2023 G. Miscellaneous Public Works Permits and Services (Same fee structure under Section Eight/Miscellaneous Fees) 7. Small Wireless Permit (when included in Site Lease Addendum)' '"" "'"'"""" """'" `"`"" Addendum Fee Addendum Fee Addendum Fee 8. Small Wireless Permit (when not included in Site Lease Addendum)" $652 $652 " Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended Right -of -Way Use Permit (Section 10 of Fee Schedule) is also required for construction and restoration within the right-of-way. SECTION ELEVEN. RIGHT-OF-WAY ACTIVITY. IFI) Right of Way Activity Permit Fee $184 $184 SECTION TWELVE. TAXICABS. Pursuant to King County Fee Schedule SECTION THIRTEEN. IMPACT MITIGATION. School Impact Fee, Per dwellino unit, as noted below WWPS RESOLUTION #2021.131: Sinqle Family Residence, including Duplexes and Accessory Dwelling Units $0 $0 Plus City Administrative Fee Q 5% $0 $0 Multi -Family Residence $0 $0 Plus City Administrative Fee Q 5% $0 $0 "Mixed -Use Residential in accordance with Ordinance No. 95-249 $0 $0 Plus City Administrative Fee Q 5% $0 $0 "Ordinance No. 14.757 provides 50% reduced school impact fee Within City Center Zone. Note: City Administrative fee of 5% Will be added to the total School Impact Fees charged. Traffic Impact Fee (PW): Land Use TYPE OF FEE 2022 2023 Commercial - Office General Office per sf/GFA $8.89 $9.79 Medical Office par sf/GFA $22.29 $24.55 City Center Impact Fee Rates A. Commercial -Services B. Commercial - Restaurant Restaurant (CC) per sf/GFA High Turnover Restaurant (CC) par sf/GFA Fast Food Restaurant (CC) per sf/GFA C. Commercial - Retail Shopping Shopping Center (CC) per sf/GLA Supermarket (CC) per sf/GFA Pharmacy with Drive -Through (CC) par sf/GFA D. Commercial - Office General Office (CC) per of/GFA Medical Office (CC) per sf/GFA GFA = Gross Flo -Ares GLA = Gross Leasable Area CC = City Center For uses with Unit of Measure in sF, trip rate is given as trips per 1,000 sF VFP = Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Note: City Administrative fee of 5% will be added to the total Traffic Impact Fees charged. Surface Water $13.05 $14.37 $17.92 $19.73 $220.68 $242.97 $10.06 $11.08 $15.34 $16.89 $13.23 $14.57 $33.75 $37.16 $5.45 $6.00 $12.43 $13.69 $9.21 $10.14 $3.35 $3.69 $8.41 $9.26 A. System Development Charge Single Family (Detached) per dwelling $1,035.00 $1,139.54 All other Development par ESU (1 ESU = 3200 of of new impervious surface) $1,035.00 $1,139.54 SECTION FOURTEEN. PUBLIC SAFETY. (PD1 Body Worn Camera Redaction Fees ($0.83 per minute of redacted video) $0.83 $0.83 Concealed Pistol License - Fees may chance pursuant to State of Washincton Firearms fee schedule TYPE OF FEE 2022 , 2023 Fee Fee SECTION FIFTEEN, COMMUNITY CENTER MEMBERSHIP FEES. (PARKS) A. Resident Single - Adult (18-61) 2022 Monthly No Contract $42 Monthly 1 yr Contract $38 Full Payment 1 yr Contract $409 2023 Monthly No Contract $44 Monthly 1 yr Contract $40 Full Payment 1 yr Contract $42f Single - Youth (3-11) $30 $28 $258 $32 $30 $26E Single -Teen(12-17) $30 $28 $291 $32 $30 $311 Single- Senior(62+) $33 $31 $333 $35 $33 $35£ Household of 2 $62 $59 $643 $66 $61 $66£ Household of 2 Seniors (62+) $51 $48 $524 $54 $50 $544 B. Non -Resident D. Day Pass $10 E. Room Rental Fees Rental Period Resident Non -Resident Resident Non -Resident Community Full Room All Day $1,995 $2,200 $2,195 $2,450 4-8 hours $1,365 $1,575 $1,495 $1,875 Per hour (2 hr min.) $395 $450 $415 S475 Two Room Combo 4-8 hours $1,000 $1,155 $1,150 $1,275 Per hour (2 hr min.) $260 $300 $305 $360 One Room 4 - 8 hours $500 $575 $500 $575 Per hour (2 hrs min.) $160 $185 $160 $185 Forest Lounge 4 - 8 hours $480 $550 $480 $550 Per hour (2 hr min.) $160 $185 $160 $185 Maple Room 4 - 8 hours $300 $350 $300 $350 Per hour (2 hr min.) $75 $95 $75 $95 Wedding Package $1,750 $1,950 $1,750 $1,950 Banquet hall (4 - 8 hrs), Linens, Bridal Room (4 hrs), and Set-up Custom Set-up fee (1 room $75, 2 rooms $125, 3 room $175) Kitchen with room rental (preferred caterer) $25/hr $25/hr $25/hr $25/hr Kitchen with room rental (non -preferred caterer) $200 base fee $25/hr $25/hr $25/hr $25/hr F. Damage Deposit fee Full or 2/3rd room $500 $500 $500 $500 1 Room or Maple Room $250 $250 $250 $250 SECTION SIXTEEN. IT TECHNOLOGY FEES. (IT) In order to accommodate the high cost and need to continually replace telecommunications, data, network, hardware, and software systems caused by a continuous and rapidly changing technology environment, the technology fees shall be applied to the following transactions: A. Business license fees. A fee of one dollar ($1) per business license transaction unless the business is exempt from payment of the business license fee. B. Parks and recreation fees. A fee of one dollar ($1) per transaction for each registration for any parks and recreation program. For the purposes of this subsection, 'transaction* shall mean the process of collecting and receipting fees and charges in the form of cash, check, or credit card payment for programs, services, or miscellaneous resale items offered by the parks and recreation department. The fee shall not apply to the following: 1. The fee shall not apply to registrations or transactions with a total cost less than ten dollars ($10); 2. The fee shall not apply to drop -in transactions (such as, for example and without limitation (1) time payment for use of the weight room at Community Center). C. Pet license fees. A fee of one dollar ($1) per transaction. For no fee transactions, this fee is exempt. D. For all other applications, permits, inspections, registrations, transactions, and approvals established under the Federal Way Revised City Code, the fee shall be established by council resolution. 9C COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE OF AVIGILON SAFE CITY CAMERAS POLICY QUESTION: Should Council authorize the purchase of Avigilon Cameras for the Safe City system and appropriate funds from the IT Capital Replacement Reserve fund? COMMITTEE: N/A MEETING DATE: November 15, 2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution .[] Other STAFF REPORT BY: Thomas Fichtner DEPT: Information Technology Attachments: 1. Staff Report 2. Vendor Cost Proposal Options Considered: 1. Approve the proposed purchase of Avigilon Safe City cameras and appropriation of capital funds. 2. Do not approve proposed purchase of Avigilon Safe City cameras and appropriation of capital funds, and provide direction to staff. MAYOR'S RECOMMEND ,TION: Option 1. MAYOR APPROVAL: (,JW j j f ye.-0~ SL;/, l��_ DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed purchase of Avigilon Safe City cameras, from Security Solutions Northwest, LLC, for an amount not to exceed $94, 998.23 and the appropriation of $95, 000 from the 502 IT Reserve fund budget. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, IT Director SUBJECT: Purchase of an Avigilon Safe City Cameras Financial Impacts: The cost to the City for the Avigilon Safe City cameras is not to exceed $94,998.23. This purchase is not currently included in the 2022 Council approved budget. Previous Safe City equipment purchases have collected replacement reserves and the IT Department submitted a request to appropriate $95,000 from the 502 IT Reserve fund in the 2022 end -of -year Budget Amendment. This purchase is time sensitive to honor the discounted price as well to receive the equipment by the end of 2022. Approval of this purchase will also approve the appropriation of $95,000 to the 2022 IT Operating Budget (502-1100-046-521-31-642) to cover the purchase of these cameras. Background Information: In 2018, the City purchased 28 Avigilon "H4" model Pan -Tilt -Zoom (PTZ) cameras. These cameras had an apparent defect which caused the "pan motor" to fail prematurely. Avigilon originally replaced/repaired these cameras under warranty, however those cameras only came with a 3-year warranty and that expired in 2021. To date, we have had 20 of the 28 cameras fail. Avigilon support officially never admitted to a manufacturing defect, however after many conversations with Avigilon representatives, they weren't surprised to hear that the pan motor was the same failure on all of the cameras. In order to help make correct the issue and "make it right", Avigilon has proposed a significant, one-time discount of $19,000 in addition to the Washington Learning Source (WLS) contract pricing that the City normally receives through Security Solutions Northwest, LLC. Please see the table on the next page that breaks down the quote. This additional discount is 33.39% off of MSRP and 18.05% off of WLS pricing. The City has never received a discount of this size when purchasing Avigilon equipment. The new cameras are the "H5" model, which there are already several installed throughout the City and they have had no problems to date. The new H5 model also comes with a 5-year warranty. This purchase includes 35 H5 PTZ cameras which will be used to replace all 28 of the H4 PTZ Rev. 7/18 cameras as well provide spare cameras, which the City didn't previously have. Also included is an intercom camera for use at the 24-hour entry door of Police, as well as 5 spare "multi -sensor" cameras, which are deployed around the City and all necessary accessories for installing the cameras. Quantity Part Number MSRP MSRP Ext. WLS Price WLS Ext. 35 2.00-H5A-PTZ-DP36 $ 3,139.75 $ 109,891.25 $ 2,545.14 $ 89,079.90 35 IRPTZ-MNT-NPTA1 $ 64.90 $ 2,271.50 $ 52.62 $ 1,841.70 35 POE-INJ-BT-60W-NA $ 177.00 $ 6,195.00 $ 143.51 $ 5,022.85 1 3.0C-HW-11OI-I11 $ 1,357.02 $ 1,357.02 $ 1,100.29 $ 1,100.29 5 20C-H4A-4MH-360 $ 1,486.83 $ 7,434.15 $ 1,205.54 $ 6,027.70 5 H4AMH-AD-PEND1 $ 188.80 $ 944.00 $ 206.87 $ 1,034.35 5 H4AMH-DO-COVR1 $ 113.28 $ 566.40 $ 91.85 $ 459.25 5 POE-INJ2-60W-NA $ 177.00 $ 885.00 $ 143.51 $ 717.55 $ 129,544.32 MSRP Total $ 105,283.59 WLS Total 18.73% WLS Discount $ (19,000.00) Avigilon Discount $ 86,283.59 New Subtotal . 33.39% Avigilon Discount off MSRP 18.05% Avigilon Discount off WLS $ 8,714.64 Tax - $ 9-4,99-8.23 Grand Total Rev. 7/18 10SECU RITY S 0 L U T 1 0 N S City of Federal Way Avigilon Server Federal Way WA SYSTEM PROPOSAL SYSTEM COMPONENTS: Thomas Fichnter November 1, 2022 QQt Mfgr. Part No. MRSP Price WLS Price Ext. Cost 35 AVIGILON 2.00-H5A-PTZ-DP36 $3,139.75 $2,545.14 $89,079.90 35 AVIGILON IRPTZ-MNT-NPTA1 $64.90 $52.62 $1,841.70 35 AVIGILON POE-INJ-BT-60W-NA $177.00 $143.51 $5,022.85 1 AVIGILON 3.0C-H4VI-RO1-IR $1,357.02 $1,100.29 $1,100.29 5 AVIGILON 20C-H4A-4MH-360 $1,486.83 $1,205.54 $6,027.70 5 AVIGILON H4AMH-AD-PEND1 $188.80 $206.87 $1,034.35 5 AVIGILON H4AMH-DO-COVR1 $113.28 $91.85 $459.25 5 AVIGILON POE-INJ2-60W-NA $177.00 $143.51 $717.55 NOTE: Price is good through 121112022. THESE--ITEMS-ARE EXCLUDED UNLESS -CHECKED YES:- -- SUBTOTAL BEFORE DISCOUNT $105.283.59 AVIGILON EXTENDED DISCOUNT -$19.000.00 NEW SUBTOTAL $86.283.59 SALE TAX (10.1%) $8,714.64 GRAND TOTAL WITH DISCOUNT $94.998.23 * This has been quote using WLS Contract Pricing Included in Scope: Yes: Included in Scope: Yes: Included in Scope: Yes: Shop Drawings Fire Permit Prevailing Wages As -Built Drawings Electrical Permit Performance Bond Data Submittals Fire Stopping Provide Lift(s) Wire Supply Coring Programming Wire Installation Door Lock Hardware POE Switches Conduit & Installation Door Lock Hardware Installation Testing Devices X 120v ac Power Material & Install Training - Remote 1 hr Devices Installation Training - Remote 4 hr WLS Contract Price X • Proposal is valid through 7/4/22. • All parts and labor are warranted for one year • An authorized purchase order and/or contract will be required to commence work • A system with monitoring or cloud hosting will require a contract to activate Additional work requested beyond the scope of this proposal will be billed at a time & material rate • Additional parts needed to connect a cellular communicator with a weak cellular signal will be billed as an additional cost • Customer to provide robust & reliable W1fi connection if needed • Existing Wring or equipment to be integrated with this scope of work is assumed to be in working order and supported by the manufacturer, work and parts needed to upgrade or fix an existing system will be billed at a time and material rate • All work to be performed during SSNWs business hours Monday - Friday 8:00 - 4:30 excluding holidays • Work will be billed each month in increments proportionate to progress toward completion of the project • Balance to be billed at the completion of installation, payments are due at net 30 days from invoice date Presented by: Acceptance: To bey Vos - 360.815.2789 (please sign here) Date 1619 N State St. Bellingham WA, 98225 t 360.734.4940 f 360.647.9540 www.ssnw.co COUNCIL MEETING DATE: November 15, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA SOCIAL SERVICES AND BUSINESS SUPPORTS PROPOSAL 9d ITEM #: 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 Attachments: 1. Staff Report DEPT: Community Development 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. — MAYOR'S MAYOR APPROVAL: : Option 1. D I RECTOR APPROv COMMITTEE RECOMMENDATION: I move to forward items K (Program Year 2023 Community Development Block Grant (CDBG) Annual Action Plan) and L (2023-2024 Human Services General Fund Grants) to a public hearing and item M (ARPA Social Services and Business Supports Proposal) to the Council Business agenda at the November 15, 2022 Regular Council Meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed plan for ARPA Social Services and Business Supports. " 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 # CITY 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. 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 Fundin 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-fimding 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, 2022 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. 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 funding provides an opportunity to increase access to employment 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 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 Sca a and Desian 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. Rev. 7/18 COUNCIL MEETING DATE: November 15, 2022 ITEM #: 0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TC-3 RFP POLICY QUESTION: Should the City release a Request for Proposals (RFP) to solicit developer proposals for the City -owned TC-3 property? COMMITTEE: Land Use & Transportation Committee CATEGORY: ❑ Consent ❑ Ordinance 0 City Council Business ❑ Resolution STAFF REPORT BY: Keith Niven, Planning Manager Attachments: 1. Staff Report 2. TC-3 Master Plan 3. Development Feasibility Evaluation MEETING DATE: ❑ Public Hearing RX" Other DEPT: CD Options Considered: 1. Move forward with releasing a Request for Proposals for TC-3 2. Do not move forward with releasing a RFP and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 Degi Pysigned MAYOR APPROVAL: is, �r , 1 a DIRECTOR APPROVAL: 10/28/22 at9.18AM r' - Com ttee Caunai Initial/Date InidalfDate lninaL'Date COMMITTEE RECOMMENDATION: I move to forward the agenda item to the November 15, 2022, Business agenda. ��15 hoV 0a—z00 M Committee Chair Jack Walsh. Committee Member Hoang Tran, C mmittee Member PROPOSED COUNCIL MOTION: "I move approval of the City issuing a Request for Proposals for the City - owned TC-3 property. " (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 — 1/2022 RESOLUTION # ATTACHMENT 1— Staff Report CITY OF FEDERAL WAY MEMORANDUM DATE: 7 November 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: TC-3 RFP Financial I n3nacts: The cost to the City for issuing the Request for Proposals is the advertising cost that will be borne by the Community Development Department and is part of the currently -approved, departmental budget. Future costs relating to development will be considered as part of future development agreement discussions. Backaround Information: The City purchased the old Target building east of the PAEC and just north of the Transit Center (see map) in 2014. For the past eight years, the building has sat empty. The Federal Way community has made the City Center a significant part of its future vision. As documented in the city's Comprehensive Plan, participants in community workshops. helped to develop a vision for Federal Way's future. A keystone of that vision is an attractive, multi- faceted City Center providing the setting for commercial, residential, recreational, entertainment and civic activities. Of the land owned by the City, approximately eight acres were envisioned for a hotel and potential development opportunities for office, medical office, higher educational facilities, retail and restaurants, along with arts and entertainment venues. In addition, there was envisioned a smaller component for office or institutional space (Town Center III). The vision for this property further evolved since 2014 to include opportunities for the development of the following: a conference hotel including conference and ballroom space, along with a bar and restaurant space adjacent to the performing arts and convention facility. Additionally, the City is looking -for -office;-specialty- retail, -market r-atz-housing, space for -arts -and entertainment including- - galleries, studios, museums, educational/classroom space, specifically for a culinary arts institute which will support the performing arts and conference facility. Also included is a childcare facility. In early 2022, the City entered into a contract with VIA Architecture to develop a land plan for the property. Through 2022 community outreach, staff heard much support for housing, a public market or community building; and, a relocated City Hall was identified by many. For eight years there has been a lot of talk about the potential and purpose for property and what could or should be developed on it. To move this conversation forward, the City needed to have a clearer vision for what it wants built here. The City entered into a contract with VIA Architecture and Leland Consulting to help develop a plan that reflected the interests of the community and represented the reality of the development market in the City. That plan is Attachment 2 of the Agenda Bill. Next Steps Now that the City has a preferred plan and once it is endorsed by the City Council, the next step would be for the City to seek out potential developers to bring this plan to life. The initial step would be to issue an RFP to solicit development proposals and the process would conclude with the City executing development agreements for the specific development proposals. See process flow chart below: draft Land plan RFP ■ Nov 7 LUTC m Advertise ■ Nov 21 Dec Council Review RFPs a Review: staff & DAHC ■ Feb -Mar Letter of Intent to Award ■ discussw/ Preferred respondents a April: Proposed LOIA(s) to Council Dev. Agrmnt(s) ■ Staff negotiate w/ respondents a draft DAsto LUTC:9/23 a DAs to Council: 10/23 Community Enizalzement: A key part of the process for developing the preferred Master Plan for TC-3 included public conversations and input from the community. Staff discussion with the community included the following: ■ Farmer's Market (2 Saturdays) ■ Presentation to the Chamber of Commerce ■ Red, White & Blues 4th ■ Engage FW ■ Kiwanis Salmon Bake ■ Lion's Club Make Music ■ Planning Commission ■ Comprehensive Plan ad hoc Committee ■ Council Downtown ad hoc Committee Mayor's Recommendation: The Mayor recommends issuing the Request for Proposals to solicit development interest in the TC-3 property. ATTACHMENT 2 - Preferred Plan 217 Wilts ReWd 700n sF Re :__.. tail ------ �r it i-------------- ential ' I � , I I 365 units Res€dentlaI J 7000 sF Retail F t t [ ailL.. ...___...___..__. 1 ! 126 Unit Hotel �- ;�' _ noon sr Retell 133,000SFOffioe `. f7— J .. '---- i K 2 Levels of Podium _ Parking - AN 2 Levels of - Underground F — - - Parking I _ i VIA View from 23rd Ave S '---- i K 2 Levels of Podium _ Parking - AN 2 Levels of - Underground F — - - Parking I _ i VIA View from 23rd Ave S View from 23rd Ave S ATTACHMENT 3 — Development Feasibility Evaluation Federal Way Town Center Development Feasibility Evaluation Date October 2022 To Keith Niven, City of Federal Way Kokila Lochan, VIA/Perkins Eastman From Brian Vanneman and Andrew Oliver, Leland Consulting Group Purpose This document evaluates the feasibility of developing the "Town Center 3" site as shown in the preferred development concept prepared by VIA/Perkins Eastman (VIA) in collaboration with City staff during the summer and fall of 2022. Leland Consulting Group (LCG) is a part of the VIA consulting team, which was engaged by the City in 2022 to help to plan the TO site. LCG provides market analysis, financial analysis, and related services for mixed -use real estate projects throughout the US West. This analysis assumes that subsurface environmental and geotechnical conditions at the site are manageable and do not present developers with extraordinary costs, and that zoning will allow the preferred alternative to be built as drawn by VIA. The Preferred Alternative The preferred development alternative includes multiple blocks of "vertical development" (buildings) set within a series of streets and sidewalks, and framing a central, south -facing public plaza. The public plaza could- accommodate -a -Community -Center-or-other public building, as -well -as festivals -and events. This mixed -use town center would be built on about an approximately 7-acre, City -owned site, adjacent to the City's Performing Arts Entertainment Center (PAEC). With the exception of the Community Center building(s) proposed for the central south -facing site, most or all of the buildings would be financed and built by private developers, and therefore it is important for the City to understand the willingness of developers to build the buildings shown in VIA's renderings. The City expects to actively market development of the site to potential developers in 2022 or 2023. The private development is expected to include a mix of uses, including housing, commercial space (retail shops, restaurants, etc.), a hotel, office space, and potentially other uses. Downtown Federal Way The context within which the TO development will take place will be of great interest to potential developers and is of course of interest to the City because the City's ultimate goal is a great downtown. The TC3 site is expected to build off past downtown revitalization efforts, and also be a catalyst for future development on nearby sites. Downtown Federal Way confers both benefits and challenges to the TO site. There are multiple positive land uses taking place near the TO site, including the PAEC, grand staircase, Town Square Park, a grid of moderate -traffic streets, lodging (La Quinta), recent senior housing, grocery store (Trader Joes), eclectic multi -ethnic dining, and Commons Mall. Sound Transit's transit center, imminent light rail service, parking lot, and planned development on Sound Transit- owned properties south of the transit center, are also generally positive. The Tacoma Link light rail line provides a major differentiator for the TC3 site and will cause developers to give special consideration to opportunities here —there are simply a limited number of sites that are connected to the regional light rail system. In LCG's experience, the Town Square Park is a strong positive and seems to be embraced by families in Federal Way, who can be seen picnicking, enjoying the fountain, and playing in good weather. The activity in Town Square Park is one foundation upon which a successful downtown district can be built, since people attract people. The broad mix of surrounding uses means that future residents, visitors, or employees at the TC3 site would truly be at the heart of a walkable mixed -use district, where many goods, services, and experiences are within a 5-minute walk or drive. In addition, the TC3 site and surrounding areas are part of a federal- and state -designated Opportunity Zone, which allows those who invest in certain real estate projects and businesses in the area to defer and reduce their federal income taxes. This will also be a positive for some developers who have taken the organizational and legal steps to prepare to make investments in Opportunity Zones. Perceived safety issues and market momentum are two concerns. LCG's interviews indicate that some developers perceive that the area can be unsafe at some times of day, with particular concerns about the transit center. In addition, the lack of new market -rate housing and office development in the area means that developers have few "comps" (nearby comparable projects) to use to demonstrate that their projects are likely to be feasible. Housing Housing is a key land use that is shown in the preferred alternative. Most or all of the housing projects shown in the alternative would be mixed -use projects, meaning that the buildings would feature ground floor commercial spaces. This combination of residents living in upper floors and commercial spaces at the ground floor is a key building block for_most town centers and urban districts; residents -support ground floor businesses --- financially and their "eyes on the street" create districts that are safer. Active ground floors are critical to creating town center districts that are lively, active, useful, interesting, and will attract residents of the entire city and beyond to spend time in. It will be critical for Federal Way to encourage significant levels of housing development at the Town Center. In LCG's view, the TC3 should have at least several hundred units, and without this amount, it will probably be difficult to attract private developers or make the other parts of the project work. Housing is the land use that most developers will be most interested in building at the site and is the land use that can generate the most land -value revenue for the City via land sales or land leases. The City can also use significant housing development to "pull in" other desired development types, particularly a variety of ground floor commercial spaces, and potentially lodging and office space. Therefore, while LCG views housing as a desirable use for the site, it is also a tool that can help the City to attract other uses. Housing Market. Developers will be interested in housing at this site for reasons that are well - publicized: the Puget Sound region has an extremely strong housing market, with housing demand consistently exceeding supply. This is visible in long-term trends in increasing cost of both rental and for -sale housing in the King and Pierce Counties, and the historically apartment low vacancy rate (3.5% as of mid-2022). The region's population and employment base have consistently grown in recent decades and are projected to continue to grow in coming decades. Housing production has not kept up with this growth, and therefore, most developers and planners expect ongoing demand for housing of all types. In addition, light rail and bus transit are beneficial for housing development. Residents will have the capacity to ride high quality transit to jobs, education, air travel, and other major destinations. Despite long-term trends being favorable for housing development, the rapid rise in interest rates and construction costs over the past few years have made development more financially challenging for developers. Apartments. The type of housing development that will be most feasible at the TO site at a significant scale is rental apartments of between three and seven stories, with some ground floor commercial space. This is the type of housing that has consistently been built at other town centers and transit -oriented development sites throughout the region, including at Lynnwood, Bothell, Woodinville, Northgate, Burien Towne Square, Kent, Auburn, Tacoma, Point Ruston, and University Place Town Center. It is a proven development type that developers and lenders are comfortable with and generates an acceptable return on investment under the right conditions. Despite our belief that mix -use apartment projects should comprise a significant share of the TO development program, these projects will be somewhat "pioneering" at the TO site, since there have been no new market rate apartment projects built in Federal Way in the last decade (one such project is planned or under construction now, more than a mile to the southwest of the TO site). Developers rely heavily on successful nearby "comps" (comparable projects) to demonstrate to investors that apartment rents are adequate to cover the costs of development, and these are limited in Federal Way. Parking is a key consideration in the feasibility of town -center apartment development —and development of all kinds in town centers. This is because town center projects typically require structured (above ground) or underground parking, whereas typical projects built in the suburbs can be surface parked. A single structured parking space costs tens of thousands of dollars per space more than a surface parking space, and therefore -adversely affect the feasibility -of development. For this -reason, - LCG recommends that the City not require that housing projects include underground parking —it is simply too expensive given the apartment rents that are likely achievable in this location. Parking for housing projects should largely be provided in above -ground structures. The City should also allow relatively low parking ratios at the TO site (e.g., one space per unit or perhaps even less, depending on the unit size), because of proximity of transit, walkable nature of the district, and cost of parking construction. The City should also allow shared parking between land uses (e.g., apartment residents parking at PAEC parking when not in use for events) for similar reasons. Enabling flexibility and creative parking solutions at the TO site will make more mixed -use development feasible. In order to incentivize housing development at the site, the City should also ensure that its existing multifamily tax exemption (MFTE) program is offered at the site. This tax incentive compensates developers for the higher costs of town center development including high quality materials, ground floor commercial space, parking, high quality surrounding streetscapes, and other higher costs that arise from building on compact sites. Townhomes. Some townhomes (attached housing of two to three stories and 1,500 to 2,500 square feet) may be feasible at the TO site. These townhomes could be owner -occupied or rental. If built, there are likely to be far fewer townhomes (potentially several dozen units) than rental apartments (hundreds of units). While townhomes can be attractive parts of Town Center projects such as Downtown Bothell, they do not include ground floor commercial spaces. They can provide an opportunity to introduce homeownership to Town Centers. It is difficult to determine with certainly whether townhomes are feasible at the site because there are so few recent built examples in close proximity to the site. It is also common for rental apartments to lead housing development in pioneering locations, with owner -occupied housing following, since renters are more willing to take a chance on a place by signing a one-year lease, whereas home buyers typically make a much more careful and potentially risky investment of hundreds of thousands of dollars. They want to be more confident that the area where they are buying is safe, attractive, active, and will retain its value over time. Condominiums. Condominiums (e.g., single -story units within three to seven story buildings) are highly unlikely at the TC3 site for several reasons. Following the great recession in 2007 to 2009, there have been very few condo projects built in Western Washington and the Pacific Northwest due to construction liability issues, much tighter lending requirements, and high construction costs. The main locations where condominiums have been built are places like Downtown Bellevue, with some of the hottest housing markets in the country, where buyers will pay $800 per square foot or more (i.e., at least $800,000 for a 1,000 square foot unit); developers need to achieve these prices in order for these projects to "pencil" (be financially feasible). Developers —and their contractors and architects —face significant construction liability risks when they develop condos, since they must assume that homeowners' associations will sue them for some construction defects (e.g., defects in roof, building envelop, building systems) during the 10-year liability window following project completion. Such lawsuits are often for millions or even tens of millions of dollars. Because of these issues and the condo project bankruptcies that took place during the great recession, lenders are much more conservative about providing financing to condo projects, and to condo buyers. Developers must invest a higher share of their own capital in condo projects, which reduces returns and feasibility. Developers are also pushed to attempt to pre -sell condos units to buyers severalyearsbefore buildings are -complete, which few buyers accept outside of extremely- hot -- markets. Commercial Space. As discussed above, most commercial space will take place on the ground floor of mixed -use buildings, and LCG expects that most of the mixed -use buildings at the TC3 site will include housing on upper floors. A wide range of commercial spaces is possible including restaurants, breweries, bakeries, coffee shops, and other F&B (food and beverage) tenants; healthcare; fitness, yoga, and martial arts; home goods and specialty boutiques; professional office and co -working space (shared office spaces in the model of We Work); banks and financial institutions; and general retail/commercial. Food and beverage tenants are among the most important to attract to town centers, since they create a feeling of activity and vitality and attract patrons from nearby and far away. For hundreds of years, cafes and coffee shops have created opportunities for families and friends to connect in urban districts, across cultures and generations. These tenants have also proven less susceptible than others (e.g., office supplies, shoe stores) to strong competitive from online shopping since the experience of dining together cannot be replicated online. "Experiential retail" (e.g., specialty boutiques) and services that are ideally provided in person (e.g., healthcare, physical therapy) are other categories that are also less susceptible to online competition. One potential ground floor tenant is the UW Tacoma/Highline College's educational HUB. The HUB is currently operating in Federal Way and offering classes, particularly in education. The current HUB space is 8,000 square feet but leadership at Highline College has indicated that over the next decade, the HUB could occupy as much as 24,000 square feet. The HUB would be a unique ground floor use for the Town Center and would help to attract young people to the site. However, much planning and negotiations will need to take place in order to make this potential a reality. At a minimum, the City should let prospective developers know that the HUB is a potential tenant. Larger -footprint tenants (those occupying 20,000 square feet or more, such as grocery stores and pharmacies) are less likely than the commercial tenants described above but could be feasible within the right overall development mix. Some commercial categories such as fashion and upscale home goods will be harder to attract in early years since these tenants typically want to be in malls and other locations such as malls that already have well -established national brands and high levels of foot traffic. Despite the clear desirability of ground floor commercial spaces from a place -making point of view, many (though not all) developers will seek to build very modest amounts since many believe it generally will not generate positive financial returns in the near -term at the TO site. This is because developers generally need triple -net rents of $35 to $40+ per square foot in order to generate an acceptable return for commercial space. Such rents are possible in hot Eastside suburbs such as Kirkland and Redmond, but not currently in Federal Way, where most commercial rents are around in the mid $20s per square foot. Some recent mixed -use projects in Auburn and Des Moines — which either have a very small amount of poorly designed ground floor commercial space or have vacant ground floor commercial space —are cautionary examples for both developers and cities. However, LCG believes that, if the City can find the right developers and craft the right type of partnership agreements, then the parties should be able to find a path towards an acceptable amount of ground floor commercial space that leads to high levels of street -level activity at the TO site. The City may need to consider incentives, such as reducing the value of the land or other incentives to be determined, in order to incentivize developers to build the desired amount of commercial space. Hotel- - A hotel market analysis was completed for the City by HVS in 2021, indicating that a 125-room hotel at the site should be feasible. While this finding is encouraging, LCG's view is that multiple factors — including nationwide challenges to the hotel business model created by the Covid pandemic, higher construction costs and interest rates, and the cost of structured parking at the site —are likely to create challenges for hotel development in the near- and medium -term (at least the next five years). The pandemic has fundamentally altered hotel occupancy and therefore development feasibility since business and leisure travel have significantly decreased. While both types of travel are on the rebound, business travel remains below historic levels and LCG's view is that this factor, along with the others mentioned above, will challenge the development of new lodging at this site. In addition, the HVS study focused on a surface -parked hotel project. If developers are required to carry the cost of structured parking at the site, this will also seriously challenge feasibility. In the long-term, however, once several hundred housing units, ground floor commercial space, and related parking, are established at the TO site and some of the above issues moderate, the development of a new mid- to upscale -hotel development may become more feasible. For this reason, the VIA/LCG team have placed a potential hotel on the east side of the site, based on the idea that development of the site could proceed from west to east. The west side can be built out first, with a mix of housing, commercial space, Community Center, and other uses, and development of the eastern parcel(s) could take place after the successful occupancy of the west side. Office/Employment Space As described above, a variety of types of office and employment development can take place on the ground floor of mixed -use buildings, including professional services, healthcare, and co -working. Such spaces can be relatively small, often between 5,000 and 20,000 square feet. However, the preferred alternative also shows a large (100,000 square feet+) office building on the east side of the TC3 site, which could also have ground floor retail space. Somewhat like the proposed hotel use, LCG views a large office building as an aspirational use that could come in the later phases of development. To an even greater degree than a hotel, an office building is likely to be infeasible for developers in this site and economic context in the next five to ten years. In the long term, it is possible that these dynamics could change. Similar but to a greater degree than hotels, office real estate has been fundamentally changed by the Covid pandemic. The industry seems to be coalescing on a view that most white-collar workers may be physically present in the office for an average of 2.5 days a week, but organizations are taking a wide range of approaches to the new world of hybrid work, with some opting to allow employees to be 100% remote if they choose that. This lower level of occupancy creates a reduced level of demand for office space, particularly for technology firms, which have driven most office development over the past decade. Even before the pandemic, however, office development demand in the South Sound has been very weak compared to the region's hot office markets in Central Seattle, Eastside, and Northend, where large high tech, biotech, and professional service firms —and their executives and employees — have primarily been located. No new office space has been completed recently (last twelve months) or is under construction in most South Sound submarkets, including Downtown Tacoma. Over the past decade, only one new office building (DaVita, east of I-5) has been built in the City of Federal Way. However, this is a build -to -suit building for a known credit tenant (DaVita). It has 689 -surface parking spaces, a ratio -of 4.3-spaces per 1,000 square -feet -of office area. For -developers,---- attempting to build a comparable amount of structured parking spaces at the TC3 site would render office development infeasible. The outlook for office development could be significantly improved in several ways. One is for the City to decide to move its City Hall to the TC3 site. This could provide an "anchor tenant" for an office developer and might enable the developer to overbuild the office building (i.e., include some office space that could be later rented to private employers). Another is for a developer to identify a large corporate tenant interested in occupying space at this site. That is possible but unlikely based on LCG's experience and evidence from build town center projects from around the region; in any case, LCG is not aware of such a tenant at present. A final incentive would be for the City to build a large parking structure that could be occupied by an office building. Since any of these approaches are speculative and would involve a significant expense for the City, LCG has recommended that the office building in the preferred alternative be shown on the eastern half of the site, where it could possibly take place in a later phase of development. Phasing. In the future, the City may reach a decision point at which the initial phases of development — comprising housing, ground floor commercial space, and potentially other uses —are successful and complete. At that point, the City is likely to face a choice between extending these uses to the east or waiting for an indeterminate time period before which aspirational "reach" uses such as lodging and major office can be attracted to the site. It is possible that LCG's view of the market is excessively conservative, and that developers will exceed our expectations for lodging and office uses. However, we believe that the City should be prepared for responses from developers that emphasize housing and some ground floor commercial space and are cautious or nonresponsive to the desire for lodging and major office space in the near - and medium -term. Public Parking The City plans to build approximately 300 parking spaces for the PAEC, in order to replace surface parking that will be developed as housing, ground floor retail, plazas, streets, and potentially other uses. In addition, the City wants to provide some parking for the general public. The public should be able to park in the PAEC spaces during most hours and days --during most day times and many evenings and weekends —when there are no PAEC events. VIA has shown approximately 400 to 430 public parking spaces in the preferred alternative, which includes 300 PAEC/public parking spaces and 100+ public parking spaces. This public parking structure will probably be the City's biggest investments at the TO site since developers are highly unlikely to build public parking where the parking fees will be relatively low. Such development will not generate an acceptable rate of return, and in fact may have negative cash flow depending on how the structure is financed and operated. Based on cost estimates received from general contractors and other development analysts, LCG's assessment is that the total cost (including construction, financing, and soft costs) of a structured, above grade parking space built at negotiated wage rates for public -sector projects is about $55,000, and the total cost of a below grade space is about $86,000 due to the significantly higher costs of design and engineering, excavation, earthwork, retaining walls and stabilization, mechanical venting, and related costs. Therefore, a public parking structure would cost about $23.5 million if above grade and $37.2 million if below grade. Additional design and cost estimation will be necessary to prepare a specific cost estimate. These high costs illustrate the importance of sharing parking, between the general public and-PAEC events attendees, and evenresidentsor businesses -of -private projects. By sharing parking between different land uses that have peak parking demands during different times of the week (e.g., weekdays vs. weekends) and different times of day (e.g., daytime vs. evening), the cost of structured parking for the City and developers can be reduced, and all parties can direct their funds towards essential improvements such as high -quality buildings, streets and plazas, and public buildings. There is obviously a cost advantage to an above -grade structure. There are also advantages to a below - grade structure. Such a structure would free up land for additional residential, commercial, or public development. It can also create a better connection, via ramps and potentially an elevator, from the upper terrace of the site to the south side of the site at the Town Square Park and Sound Transit parking structure. This could create a valuable connection to the site for cars and pedestrians. The City should carefully weigh the design and cost implications of a public parking structure since it is likely to be a major City investment and have significantly influence the design of the site. Community Buildings/Community Center A community building is shown as a part of the preferred alternative, but its size, design, and contents are very much yet to be determined. The building(s) could include public meeting/gathering space, city offices, vendors selling produce, prepared foods, or other products, or other uses. Given this wide range of possibilities, it is impossible for LCG to assess the feasibility of this concept. If well executed, community buildings and centers can make significant positive contributions to town centers. 10a COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2021-2022 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2021-2022 Biennial Budget amendment to the previously amended budget? COMMITTEE: NA CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: ® Ordinance ❑ Resolution Attachments: 1. Staff Report 2. Ordinance 3. Exhibits A, B, C, D, and E MEETING DATE: NA ❑ Public Hearing ❑ Other DEPT: Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option I. MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: NA DIRECTOR APPROVAL: /724 t;/3/z Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 15, 2022): "I move to forward the proposed ordinance to the December 06, 2022, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 06, 2022): "I move approval of the proposed ordinance. " 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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 15, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2021/2022 Budget Amendment Background Information: This ordinance is to amend the budget from the last amendment on June 21St, 2022 to reflect subsequent changes that have occurred during the year. This is the last opportunity to realign the budget for new grants, non -discretionary expense estimates, and council -approved projects that require budget ordinance to update the approved adopted budget and previous amendments. Financial Impacts: AIl-departments- have -accumulated needed- budget changes that respond to -circumstances that were not known at the time of the last budget amendment. Finance has reviewed, consolidated for all funds and recommends approval. The following tables detail the adjustments to expenditures budgets required for the 2022 Budget: • Small business & community group grant from King County - offsetting new revenue and expenses • Unspent previously -approved downtown planning • Increase to PD grant - offsetting new revenue and expenses ■ Seized fund - offsetting new revenue and expenses • Steele Lake maintenance facility safety and security ■ Pac Highway corridor traffic barriers for safety • Jail Fund adjusting for higher usage of jail contracts • Accounting for interfund loan approved August 9th • Replacement of Cisco router for phone system • PD vehicle laptop replacements for replacement vehicles • Safe City PTZ security camera replacements • Transfer Fleet to General Fund for ARPA-funded PD vehicles • Fleet fund gasoline repair and maintenance cost increases • Fleet fund transfer to debt service for Keybank loan payoff • Building maintenance, repair supplies and services for compliance • Unemployment expenditure increase due to slightly higher utilization Rev. 7/18 Major Adjustments in the General Fund Fund Description of Expenditure / Interfund Transfer 2022 $ Funded by 001 General King Co.Grant - Small Business & Community Gr s $ 100,000 New Grant 001 General Downtown Planning 100,000 Sales Tax 001 General Police rant increases 115,000 INew Grant 001 General :Seizure fund equipment and services 128,000 :Sezed fund revenues 001 General Transfer out to Street Fund 325,000 :Sales Tax 001 General Transfer out to FWCC Fund 500,000 :Sales Tax 001 General 7ransfe rout to Jai I Fund 660,748 Sales Tax 001 General 'Transfer out to DBC Fund 300,000 Sales Tax Total $ 2,228,748 Maier Adius#ments in Non -General Funds Fund Description of Expenditure / Interfund Transfer 2022 $ Funded by 101 Street Fund Steel Lake Maintenance Safety Improvements $ 100,000 :Sales Tax 101 Street Fu nd PacificHw Safety Corridor Improvements 225,000 Sales Tax 122JailFund Jail services increase 825,000 Sales Tax 201 Debt Service Fund 2017 LTGO Bond payment 5,016,656 Transferfrom Fleet Fund 502ITFund Phones stem -Cisco Router Replacement 12,000 ITfund balance 502IT Fund PD Car Laptops 6,850 ITfund balance 502IT Fund Safe City PTZ Re lacements 95,000 ITfund balance 504 Fleet & Equip. Fund Reduce PD vehicles paid for by General Fund ARPA (1,702,000) Reduction in revenue 504 Fleet & Equip. Fund Increase gasoline and repairand maintenance 600,000 Fleet fund balance 504 Fleet & Equip. Fund 'Transferoutto Debt Service Fund 5,016,656 Fleet fund balance 505 Buildings & Furn. Fund Increase building maintenance and supplies 100,000 Fund balance 507 Unemployment Ins. Fund Unemployement expenditure increase 61.846 Fund balance 'Total $ 10,357,008 Exhibits A through E are attached to provide an accountable chronology: • Exhibit A — original Adopted Budget, adopted Dec. 1, 2020 • Exhibit B — first amendment, adopted June 15, 2021 • Exhibit C — second (Mid -Year) amendment, adopted Dec. 7, 2021 • Exhibit D — third amendment, adopted June 21, 2022 • Exhibit E — current proposed Budget Amendment Rev. 7/18 ORDINANCE NO. 22- AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2021-2022 Biennial Budget. (Amending Ordinance No. 20-903, 21-916, 21-924, and 22-936) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2021-2022 fiscal biennium have been prepared and filed on September 15, 2020 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on November 3 and November 16, 2021, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on December 1, 2020 (attached Exhibit A), and amended the budget on June 15, 2021, December 07, 2021, and June 21, 2022 (attached Exhibit B, Exhibit C, and Exhibit D). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2021-22 Bud et Amendment. That the budget for the 2021-2022 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit E ("2021-2022 Amended Budget") Ordinance No. 22- Page 1 of 8 Rev 1 /22 Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. SeverabiliV. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. 2022. PASSED by the City Council of the City of Federal Way this _day of December, [signatures to follow] Ordinance No. 22- Page 2 of 8 Rev 1/22 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 3 of 8 Rev 1/22 EXHIBIT A 2021-2022 Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 9,713,168 $ 49,463,473 $ 49,651,198 $ 9,525,443 $ 48,162,125 $ 48,687,568 $ 9,000,001 Special Revenue Funds: Street 500,000 5,154,613 4,927,382 727,231 4,549,437 4,776,669 500,000 Arterial Street 502,618 3,018,000 3,047,184 473,435 3,018,000 3,051,111 440,324 Utility Tax 1,506,932 12,104,294 12,058,633 1,552,593 12,104,294 12,034,394 1,622,493 Sales/Use Tax-Affrd. & Supprt. Housing -- - - - Solid Waste/Recycling 166,146 556,330 545,844 176,632 556,330 545,844 187,119 Special Contract/Studies 341,927 = 341,927 341,927 Hotel/Motcl Lodging Tax 1335,006 155,000 155,OW 1,335,006 155,000 155,000 1,335,006 Community Center I, 00,000 2,252,875 2,245,642 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 270,442 2,885,942 2,736,856 419,528 2,885,942 2,775,519 529,951 Utility Tax Proposition 1 1,027,013 4,076,141 4,097,154 1,000,000 4.170.276 4,170,276 1,000,000 Performing Arts & Event Center 0 2,299,757 2,299,757 2,299,757 2,299,757 0 Community Development Block Grant 21,251 1,843,010 1,843,010 21,251 758,323 758,323 21,251 Paths and Trails 1360,437 169,000 200,000 1,329,437 169,000 1,498,437 Technology 91,136 146,716 181,000 56,852 149,250 14,300 191,802 Jail Service - 3,303,463 3,303,463 - 3,319,584 3,319,584 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,130,793 5,000 1,135,793 5,000 15,793 1,125,000 Debt Service Fund 3,322,342 17,366,390 17,434,315 3,254.417 2,569,426 3,093,264 2,730,578 Capital Project Funds: Real Estate Excise Tax 2,070,443 3,670,000 3,973,018 1,767,426 3,670,000 3,437,426 2,000,000 Downtown Redevelopment 3,426,754 600,000 2,826,754 - 205,000 2,621,754 Municipal Facilities 289,595 1,000 290,595 1,000 115,000 176,595 Parks 1,641,591 - 190,000 1,451,591 - 375,000 1,076,591 Surface Water Management 1,869,432 447,568 2,317,000 - 2,060,000 1,767,000 293,000 Transportation 4,199,189 12,988,000 11,176,972 6,010,217 5,570,000 7,773,566 3,806,651 Capital Project Reserve 367,936 - 367,936 367,936 Enterprise Fund. Surface WaterManagement 2,592,114 5,941,201 5,502,041 3.031,274 4,930,775 6,116,029 1,846,020 Dumas Bay Centre 1,500,000 900,871 900,872 1,500,000 930,211 930,210 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,196,040 1,475,512 920,528 1,196,040 1,486,275 630,293 Information Technology 3,640,480 2,929,180 2,875,652 3,694,008 2,720,687 2,707,608 3,707,088 Mail & Duplication 205,164 135,947 126.892 214,219 135,947 185,007 165,159 Fleet & Equipment 1,515,027 2,846,144 3,129,104 7,232,067 2,300,644 1,919,901 7,612,809 Buildings & Fumishings 2,763,525 490,355 1,150,108 2,103,772 490,355 594,127 2,000,000 Health Insurance 3,367,672 5,138,041 5,427,967 3,077,746 4,966,800 5,256,726 2,787,820 Unemployment Insurance 1 258,701 5,299 10,0001 254,000 6,000 10,0001 250.000 Grand Total All Funds 1 $ 63,296,634 $ 141,485,650 $ 144,183,374 1 $ 60,598,909 $ 116,601,304 $ 121,334,609 $ 55,865,605 Ordinance No. 22- Page 4 of 8 Rev 1/22 EXHIBIT B 2021-2022 Amended Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,075,815 $ 68,905,248 $ 70,931,502 $ 10,049,561 $ 48,162,125 $ 49,211,686 $ 9,000,001 Special Revenue Funds: Street 500,000 5,229,613 5,002,382 727,231 4.549,437 4,776,669 500,000 Arterial Street 1,398,599 1,518,000 1,547,184 1,369,415 1,518,000 1,551,111 1,336,305 Utility Tax 2,198,214 10,604,294 10,712,272 2,090,236 10,604,294 10,534,394 2,160,136 Sales/Use Tax-Affrd. & Supprt. Housing 125,151 125,000 250,000 151 125,000 125,000 151 Solid Waste/Recycling 213.550 556,330 545,844 224,036 556,330 545,844 234,523 Special Contract/Studies 817,918 - 450,000 367.918 - - 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1,441,177 Community Center 1,500,000 2,285,575 2,278,342 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 1,216,159 2,885,942 2,736,856 1,365,245 2,885,942 2,775,519 1,475,668 Utility Tax Proposition 1 1,332,301 4,070,141 4,097,154 1,305,288 4,170,276 4,170,276 1,305,288 Performing Arts & Event Center - 2,403,722 2,403,722 0 2,415,968 2,415,968 0 Community Development Block Grant 30,805 2,470,620 2,470,620 30,805 1,385,933 1,385,933 30,805 Solid Waste 10% Utility Tax - 2,000,000 2,000,000 2,000,000 2,000,000 - Path sand Trails 1,488,063 169,000 200,000 1,457,063 169,000 1,626,063 Technology 116,999 146,716 206,000 57,715 149,250 39,300 167,665 JailService - 3,303,463 3,303,463 - 3.319,584 3,319,584 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Riume 1,131,684 -- 500 1,13{684 510W. i5.793 1.12,891 Debi Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093,264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 3,670,000 3,973,018 2,579,419 3,670,000 3,437,426 2,811,993 Downtown Redevelopment 3,468,714 - 600,000 2,868,714 - 205,000 2,663,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177,105 Parks 1,918,167 - 210,000 1,708,167 375,000 1,333,167 Surface Water Management 1,820,800 3,304,569 5,125,369 2,060,000 1,767,000 293,000 Transportation 4,760,978 13,658,400 11,897,372 6,522,006 5,570,000 7,773,566 4,318,440 Capital Project Reserve 369,862 369.862 - - 369,862 Enterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 1,912,117 4,930,775 6,151,029 691,863 Dumas Bay Centre 1,500,000 1,012,330 942,431 1,569,899 930,211 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,196,040 1,475,512 920,528 1,196,040 1,486,275 630,293 Information Technology 3,857,395 2,929,180 2,920,652 3,865,923 2,720,687 2,812,608 3,774,003 Mail & Duplication 273.277 135,947 126,892 282,332 135,947 185,007 233.272 Fleet & Equipment 7,572,422 2,846,144 3,377,386 7,041,180 2,300,644 1,919,901 7,421,922 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,292,802 490,355 594,127 2,189,030 Health Insurance 3,189,939 5,138,041 5,427,967 2,900,013 4,966,800 5,256,726 2,610,087 Unemployment Insurance 275.3Q7 S WP 10,000 1 57096 6,000 IO,lAl] i I ?6%69( Grand Total All Funds $ 71,206,886 $ 164,530,560 $ 171,711,103 1 $ 65,026,342 $ 116,470,125 $ 121,962,448 1 $ 59,534,019 Ordinance No. 22- Page 5 of 8 Rev 1 /22 EXHIBITC 2021-2022 Mid -Year Amended Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance GeneralFund $ 12,075,815 $ 70,612,915 $ 72,549,320 $ 10,139,410 $ 50429,117 $ 50,875,028 $ 9,493,500 Special Revenue Funds: Street 500,000 5,272,613 5,059,682 712,931 4,638,586 4,851,518 500,000 Arterial Street 1,398,599 1,518,000 2,357,184 559,415 1,518,000 1,737,111 340,305 Utility Tax 2,198,214 10,904.294 11,170,035 1,932,473 10,604294 10,736,767 1,800,000 Sales/Use Tax-Affrd. & Supprt. Housing 125,151 125,000 125,000 125,151 125,000 250,000 151 Solid Waste/Recycling 213,550 556,330 545,844 224,036 556,330 545,844 234.523 Special Contract/Studies 817,918 - 817,918 - 450,000 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1,441,177 Comity Center 1,500,000 2,085,575 2,078,342 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 1,216,159 3,343,705 3,359,864 1,200,000 3.521,323 3,521,323 1,200,000 Utility TaxProposition 1 1,332,301 4,240,141 4,097,154 1,475,288 4,170,276 4,170276 1,475,288 Performing Arts & Event Center - 2,744,118 2,506,582 237,536 2,631,641 2,631,641 237,536 Community Development Block Grant 30,805 1,624,487 1,624,487 30,805 21232,066 2,232,066 30,805 Solid Waste l0%Utility Tax - 2,000,000 1,100,000 900,000 2,000,000 2,900,000 - Paths and Trails 1,488,063 169,000 200,000 1,457,063 169,000 - 1,626,063 Technology 116,999 146,716 61,000 202,715 149,250 234,300 117,665 Jail Service -. 3,303,463 3,303,463 - 1.819,584 1,819,584 - Strategic Reserve _ 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,131,684 5,000 1,136,684 5,000 15,793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 5,070,000 3,973,018 3,979,419 3,670,000 5207,986 2,441,433 Downtown Redevelopment 3,468,714 600,000 600,000 3.468,714 - 205,000 3,463,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177,105 Parks 1,918,167 266.000 1,652,167 180,000 595,000 11237,167 Surface Water Management 1,820,800 3,304,569 5,125,369 - 2,060.000 1,767,000 293,000 Transportation 4,760,978 14,735,628 13,519,600 5,977,006 8,336,560 9,597,566 4,716,000 Capital Project Reserve 369,862 - - 369,862 - - 369,862 Enterprise Fund: Surface Water Management 3,118,858 5,941.201 7,147,942 1,912,117 5,018,912 6241,029 690,000 Dumas Bay Centre 1,500,000 752,330 682.431 1,569,899 930 211 1,000,110 1,500,000 Internal Service Funds: RiskManagement 1,400,000 1,776,787 2,056,259 920,528 1,421,697 1,714,379 627,846 Information Technology 3,857,395 2,915,802 2,917,274 3,855,923 3,014,687 3,106,608 3,764,003 Mail & Duplication 273277 135,947 128.277 280,947 135,947 185,007 231,887 Fleet & Equipment 7,572,422 2,846,144 3,493,644 6,924,922 4,092,644 3,711,901 7,305,664 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,292,802 490,355 594,127 2,189,030 Health Insurance 3.189,939 5,138,041 5,427,967 2,900,013 4,966,800 5256,726 2,610,087 Unemployment Insurance 275,397 105,299 110,0001 270,696 6,000 10,000 266,696 Grand Total All Funds $ 71,206,886 $ 169,987,850 $ 174,926,959 1 $ 67,267,776 $ 124,169,807 $ 132,185,286 $ 59,152,297 Ordinance No. 22- Page 6 of 8 Rev 1/22 MIBITD 2021-2022 Amended Budget 2021 I 2022 Beginning Fund eginning Fund Ending Fund Fund Balance Revenue =Eq, Balance Revenue Expenditure Balance GeneralFund $ 12,075,815 $ 70,612,915 $ 72,549,320 $ 20,773,125 $ 60469,081 $ 70,953,585 $ 10,088,622 Special Revenue Funds: Street 500,000 5,272,613 5,059,682 566,204 4,981,269 5,047,473 500,000 Arterial Street 1,398,599 1,518,000 2,357,184 659,917 1,518,000 2,077,917 100,000 Utility Tax 2,198,214 10,904,294 11,170,035 3,593,005 10,604,294 10,811,666 3,385,633 Sales/Use Tax-Affrd. & Supprt. Housing 125,151 125,000 125,000 255,702 125,000 250,000 130,702 Solid Waste/Recycling 213,550 556,330 545,844 261,326 692,110 681,624 271.812 Special Contract/Studies 817,918 - 882,890 - 450,000 432,890 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,602,856 157,305 155,000 1,605,161 Conmmnity Center 1,500,000 2,085,575 2,078,342 1,502,625 2,754,102 2,756,334 1,500,393 Traffic Safety Fund 1,216,159 3,343,705 3,359,864 2.132,495 3,521,323 3,529,723 2.124.095 Utility Tax Proposition 1,332,301 4,240,141 4,097,154 1,263,679 4,170,276 4,170,276 1,263,679 Perfomvng Arts & Event Center 2,744,118 2,506,582 873,591 2,631,641 2,631,641 873,591 Corrmnity Development Block Grant 30,805 1,624,487 1,624,487 28,269 2,232,066 2,232,066 28,269 Solid Waste I0%Utility Tax - 2,000,000 1,100,000 1,418,862 2,000,000 3,418,862 (0) Paths and Trails 1,488,063 169,000 200,000 1,585,150 169,000 30,000 1,724,150 Technology 116,999 146,716 61,000 295,110 149,250 294,300 160,060 Jail Service - 3,303,463 3.303,463 164,252 1,819,584 1,819,584 164,252 Strategic Reserve 3,599;80Q - 2,000 601,800 2,99 AI 3.000 2.000 3,000.001 Parks Reserve 1,131,684 5,000 1,131,994 9,690 15,793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,672,022 2,569,426 3,093,264 3,148,184 Capital Project Funds: Real Estate Excise Tax 2,882,436 5,070,000 3,973,018 4,084,586 4,451,454 5,989,440 2,546,600 Downtown Redevelopment 3,468,714 600,000 600,000 3,900,123 - 405,000 3,495,123 Municipal Facilities 290,105 1.000 290,185 1,000 115,000 176,185 Parks 1,918,167 - 266,000 1,967,896 180,000 595,000 1,552,896 Surface Water Management 1,820,900 3,304,569 5,125,369 3,545,971 2,528,405 4,330,080 1,744,296 Transportation 4,760,978 14,735.628 13,519,600 8,466,404 18,933,431 26,274,109 1,125,726 Capital Project Reserve 369,862 - 369,963 369,963 Faterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 2,777,142 5,068,912 6,391,029 1,455.025 Dumas Bay Centre 1,500,000 752,330 682,431 1,500,001 1,000,110 1,000,110 1,500,000 Internal Service Funds: RiskManagement 1,200,000 1,776,787 2,056,259 1,271,019 1.540,109 1,714,379 1,096,749 Information Technology 3,857,395 2,915,802 2,917,274 4,236,908 3,069,045 3,542,008 3,763,945 Mail & Duplication 273,277 135,947 128,277 304,979 135,947 185,007 255,919 Fleet & Equipment 7,572,422 2,846,144 3,493,644 7,557,939 4,092,644 3,911,401 7,739,182 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,265,683 490,355 594,127 2,161,911 Health Insurance 3,189,939 5.138.041 5,427,967 3,770,611 4,966,800 5,256,726 3,480,685 UnernpIoymi Insurance 275.397 105199 110.000 31;M6 6,0W 10ON 1 311,846 Grand Total All Funds $ 72,206,886 $ 169,987,850 $ 174,926,959 1 $ 92,287,328 $ 146,849.628 $ 174,724,523 1 $ 64,403;433 Ordinance No. 22- Page 7 of 8 Rev 1/22 MIBIT E 2021-2022 Amended Budget 2021 2022 Beginning Fund Beginning Fund Fading Fund Fund Balance Revenue Expenditure Balance Revenue hpenditure Balance General Fund $ 12,075,815 $ 70,612,915 $ 72,549,320 $ 20,773,125 $ 62,012,081 $ 73,182,333 $ 9,602,874 Special Revenue Funds: Street 500,000 5,472,613 5,059,682 566,204 5,306,269 5,372,473 500,000 Arterial Street Q98,599 1,518,000 2,357,194 659,917 1,518,000 2,077,917 100,000 Utility Tax 2,198,214 10,904,294 11,170,035 3,593,005 10,604,294 10,811,666 3,385,633 Sales/Use Tax-Affrd. & Supprt. Housing 125,151 125,000 125,000 255,702 125,000 250,000 130,702 Solid Waste/Recycling 213,550 556,330 545,844 261,326 692,110 681,624 271,812 Special Contract/Studies 817,918 - 882,890 450,000 432,890 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,602,856 157,305 155,000 1,605,161 Community Center 1,500,000 2,085,575 2,078,342 1,502,625 2,754,102 2,756,334 1,500,393 Traffic Safety Fund 1,416,159 3,343,705 3,359,864 2,132,495 3,521,323 3,529,723 2,124,095 Utility Tax Proposition 1,332,301 4240,141 4,097,154 1,263,679 4,170,276 4,170276 1,263,679 Performing Arts & Event Center - 2,744,118 2,506,582 873,591 2,631,641 2,631,641 873,591 Community Development Block Grant 30,805 1,624,487 1,624,487 28,269 2,432,066 2,232,066 28,269 Solid Waste l0%Utility Tax 2,000,000 1,100,000 1,418,862 2,000,000 3,418,862 (0) Paths and Trails 1,488,063 169,000 200,000 1,585,150 169,000 30,000 1,724,150 Technology 116,999 146,716 61,000 295,110 149,250 284�00 160,060 Jail Service 3303,463 3,303,463 164,252 2,480,332 2,644�84 Strategic Reserve 3,599,800 2,000 601,800 2,999,001 3,000 2,000 3,000,001 Parks Reserve 1,131,684 5,000 1,131,994 9,690 15,793 1,125,891 Debt Service Fund 3569,746 17�66,390 17,434,315 3,672,022 7,586,082 8,109,920 3,148,184 Capital Project Funds: Real Estate Excise Tax 2,882,436 5,070,000 3,973,018 4,084,586 4,451,454 5,989,440 2,546,600 Downtown Redevelopment 3,468,714 600,000 600,000 3,900,123 405,000 3,495,123 Municipal Facilities 290,105 1,000 290,185 1,000 115,000 176,185 Parks 1,918,167 266,000 1,967,896 180,000 595,000 1,552,896 Surface Water Management 1,820,800 3,304,569 5,125,369 3,545,971 2,528,405 4,330,080 1,744,296 Transportation 4,760,978 14,735,628 13,519,600 8,466,404 18,933,431 26,274,109 1,125,726 Capital Project Reserve 369,862 369,963 - - 369,963 Enterprise Fund. - Surface Water Management 3,118,858 5,941,201 7,147,942 2,777,142 5,068,912 6,391,029 1,455,025 Dumas Bay Centre 1,500,000 752,330 682,431 1,500,001 1,000,110 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,776,787 2,056,259 1,271,019 1,540,109 1,714�79 1,096,749 Information Technology 3,857,395 2,915,802 2,917,274 4,236,908 3,069,045 3,655,858 3,650,095 Mail & Duplication 273,277 135,947 128,277 304,979 135,947 185,007 255,919 Fleet & Equipment 7,572,422 2,846,144 3,493,644 7,557,939 2�90,644 7,826,057 2,122,526 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,465,683 490,355 694,127 2,061,911 Health Insurance 3,189,939 5,138,041 5,427,%7 3,770,611 4,966,800 5,4556,726 3,480,685 Unemployment Insurance 275,397 105,299 110,0001 315,846 6,000 71,8461 250.000 Grand Total All Funds $ 72,206,886 $ 169,987,850 S 174,926,959 1 $ 92,287,328 $ 152,884,032 $ 187,310,279 S 57,861,081 Ordinance No. 22- Page 8 of 8 Rev 1 /22 10b COUNCIL MEETING DATE: November 1, 2022 ITEM #:- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023-2024 BIENNIAL BUDGET POLICY QUESTION: Should the City Council adopt the 2023-2024 Budget based on the Mayor's Proposed Budget? COMMITTEE: Finance, Economic Development and Regional MEETING DATE: N/A Affairs Committee CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance Attachments: 1.Staff Report 2.2023-2024 Budget Ordinance Options Considered: 1. Adopt the proposed ordinance approving the 2023-2024 Biennial Budget as amended. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A I 7 IRECTOR APPROVAL: t L Committee Co cil InitialrDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 1, 2022): "1 move to forward the proposed ordinance to the November 15, 2022 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 15, 2022): "1 move approval of the proposed ordinance. " 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— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 13, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director SUBJECT: 2023-2024 Biennial Budget Financial Impacts: This item is to authorize the approved budget for all funds of the City for the 2023-2024 Biennium. As proposed, it forecasts revenues for all funds as shown in Exhibit A of the Ordinance, and authorizes appropriation and spending by each fund, also as shown in Exhibit A. Background Information: The Budget, _and the budget process, have been -very publicly communicated. The Budget itself, posted on the City's website, contains the Mayor's budget message, the schedule of public budget study sessions, an explanation of the budget process, and an abundance of detail. Rev. 7/1 S ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to budget and finance, adopting the 2023-2024 Biennial Budget. WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2023-2024 fiscal biennium have been prepared and filed on September 15, 2022 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on September 20, 26, 29, October 4, 18, and November 1, 2022, and having considered the public comments presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.2023-2024 Biennial Budget:_ That the budget for the 2023-2024 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ("2023-2024 Proposed Budget") Section 2. Administration: The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Seirerability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Ordinance No. 22- Page I of 3 Rev 1 /22 or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section S. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective January 1, 2023. PASSED by the City Council of the City of Federal Way this day of November, 2022. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY Ordinance No. 22- Page 2 of 3 Rev 1 /22 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 3 of 3 Rev 1 /22 CITY OF FEDERAL WA Y 2023-24 BUDGET EXHIBIT A 2023-2024 Proposed Budget 2023 2024 Beginning Fund Beginning Fund � Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,415,532 $ 56,854,231 $ 60,077,654 $ 9,192,109 $ 61,108,379 $ 61,300,485 $ 9,000,003 Special Revenue Funds: Street 210,983 5,715,475 5,426,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 100,001 1,563,000 1,563,000 100,001 1,563,000 1,563,000 100,001 Utility Tax 4,579,047 11,830,565 11,619,868 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax-Affrd. & Supprt. Housing 140,702 125,000 125,000 140,702 125,000 125,000 140,702 Solid Waste/Recycling 311,052 722,200 641,647 391,604 722,200 654,343 459,462 Special Contract/Studies 462,890 - 462,890 - 462,890 Hotel/Motel Lodging Tax 1,720,995 293,000 65,000 1,948,995 308,000 65,000 2,191,995 Community Center 980,517 2,799,376 2,279,893 1,500,000 2,306,857 2,306,857 1,500,000 Traffic Safety Fund 3,109,153 3,000,000 3,846,735 2,262,419 3,060,000 4,122,419 1,200,000 Utility TaxProposition 1 1,612,395 3,859,478 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Performing Arts & Event Center 541,702 2,387,767 2,483,359 446,111 2,259,757 2,483,359 222,509 Solid Waste 10% Utility Tax 152,012 2,200,000 2,200,000 152,012 2,300,000 2,300,000 152,012 Community Development Block Grant 28,268 886,193 886,193 28,269 789,717 789,717 28,268 Paths and Trails 1,895,150 170,600 100,000 1,965,750 172,216 600,000 1,537,966 Technology 235,810 149,250 - 385,060 149,250 534,310 Jail Service 164,252 2,335,748 2,500,000 (0) - 2,700,000 2,700,000 (0) Strategic Reserve 3,000,001 - 3,000,001 - 3,000,001 Parks Reserve 1,120,891 5,000 1,125,891 5,000 1,130,891 Debt Service Fund 3,118,184 2,446,368 2,446,368 3,118,184 2,446,459 2,446,459 3,118,184 Capital Project Funds: Real Estate Excise Tax 4,110,900 5,521,000 7,055,343 2,576,557 5,576,000 5,788,245 2,364,312 Downtown Redevelopment 3,496,123 - 205,000 3,291,123 150,000 3,141,123 Municipal Fac0ities 175,185 - 175,185 - 175,185 Parks 1,497,896 367,000 367,000 1,497,896 767,000 767,000 1,497,896 Surface Water Management 1,744,296 2,044,312 3,359,608 429,000 1,556,230 1,805,273 179,957 Transportation 1,125,725 19,269,000 19,912,000 482,725 50,927,649 49,507,000 1,903,373 Capital Project Reserve 369,963 - 369,963 369,963 Fnterprise Fund: Surface Water Management 2,897,393 6,226,871 6,450,608 2.673.656 6,228,298 8,104,300 797,654 Dumas Bay Centre 1,132,849 1,155,846 764,097 1,524,599 792,696 773,784 1,543,510 Internal Service Funds: Risk Management 1,158,255 2,307,763 2,657,763 808,255 2,120,877 2,329,131 600,001 Information Technology 3,734,945 3,243,845 3,646,229 3,332,561 3,288,845 3,393,541 3,227,865 Mail & Duplication 255,919 135,947 154,901 236,965 135,947 161,901 211,011 Fleet & Equipment 7,621,866 2,425,039 3,336,067 6,710,838 2,399,475 1,711,734 7,398,580 Buildings & Furnishings 2,161,252 728,099 789,772 2,099,579 603,099 664,772 2,037,906 Health Insurance 3,579,885 4,956,000 5,256,726 3,279,159 4,956,000 5,256,726 2,978,433 Unemployment Insurance 245,846 - 70,000 175,846 - 70,000 105,846 Grand Total All Funds $ 71,207,836 $ 145,723,974 $ 154,758,165 $ 62,173,646 $ 181,349,382 $ 187,211,223 56,311,805 21 COUNCIL MEETING DATE: November 1, 2022 ITEM #: 10c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023 PROPERTY TAX LEVY POLICY QUESTION: Should the City Council increase the regular property tax, consistent with the limit factor prescribed by RCW 84.55.0101? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution [] Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Ordinance 3. 2023 Property Tax Levy Certification Summary/Background: The City held public hearings October 18, and November 1, 2022 on the proposed 2023-24 Biennial Budget and 2023 proposed Property Tax Levy. The 2023 proposed Property Tax Levy is based on 1% increase in existing .assessed value plus new construction at the existing rate. Based on preliminary information from the King County Assessor, this would result in a decrease in the tax rate from $0.81037 uer $1 000 of assessed valuation to approximately $0.68737 Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: NM %0 DIRECTOR APPROVAL: 4 Z 1Z Committee Ca cil �~ niiial/DaC imsiallDatt: fnitia IDnte COMMITTEE RECOMMENDATION: N/A. N/A N/A N/A PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 1, 2022): "I move to forward approval of the proposed ordinance to the November 15, 2022 Council Meeting for enactment. " SECOND READING OF ORDINANCE (NOVEMBER 15, 2022): "1 move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading A- DI -202.2 ❑ TABLED/DEFERRED/NO ACTION Enactment reading R' MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 11, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director SUBJECT: 2023 Property Tax Levy Financial Impacts: This ordinance is to authorize increase of the regular property tax consistent with state statute. The King County Assessor's Office has notified us of the current assessed valuation of the City, and staff has incorporated their latest information in the calculation. The revenue to the City for the 2023 Property Tax Levy will be $11,907,158 and will be credited to the General Fund. Background Information: The Total Assessed Value of the City is estimated by the Assessor's Office at $17,111,785,626, an increase of $2,787,009,169 or 19.46% over prior year's value of $14,324,776,457. Of that increase, $46,516,497 is New Construction. The Estimated Levy, therefore is estimated at $11,907,158, an increase of $156,603 or 1.3 5% over the prior year's $11,608,378. The additional $156,603 will be allocated across the properties in the City by the Assessor using the required uniform rate methodology. The City Council has public hearings scheduled for October 18th on the proposed 2023-24 Biennial Budget and proposed 2023 Property Tax Levy and on November 1 st, 2022 for the 2nd public hearing on the 2023-24 Biennial Budget. Staff requests and recommends adoption of the attached ordinance. Rev. 7/18 ORDINANCE NO.22- AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2023. WHEREAS, the City Council of the City of Federal Way met and reviewed all revenue sources and examined anticipated expenses and other obligations for the 2023/24 biennium; and WHEREAS, the City Council, in the course of considering the biennium budget, conducted public hearing on October 18, 2022 for the proposed property tax levy for 2023, and on October 18 and November 1, 2022 for proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering relevant evidence and testimony, determined that it is necessary and advisable in order to discharge the expected expenses and obligations of the City to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101; and WHEREAS, the City Council has resolved to levy a property tax consistent with RCW 84.52.043. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2023 for the purpose of paying expenses and discharge obligations of the City in the amount of Eleven Million Nine Hundred Seven Thousand One Hundred Fifty -Eight and NO/100 Dollars ($11,907,158.00). The levy amount shall include: (1) an increase in property tax revenue from the previous year of One Hundred Fifty -Six Thousand Six Hundred Three and NO/100 Dollars ($156,603.00) Ordinance No. 21- Page I of 3 Rev 1/18 or one and thirty-five hundredths of a percent (1.35%); (2) new construction and improvements to property; (3) any increase in the value of state assessed property; and, (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2022. [signatures to follow] Ordinance No. 21- Page 2 of 3 Rev 1/18 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: Ordinance No. 21- Page 3 of 3 Rev 1/18 By Ordinance 2152 of the Metropolitan King County Council, Taxing Districts are required annually to submit the following information regarding their tax levies for the ensuing year as part of a formal resolution of the District's governing body. THE KING COUNTY ASSESSOR HAS NOTIFIED THE GOVERNING BODY OF City of Federal Way THAT THE ASSESSED VALUATION OF PROPERTY LYING WITHIN THE BOUNDARIES OF SAID DISTRICT FOR THE ASSESSMENT YEAR 2022 IS: $ 17,111,785,626 REGULAR (STATUTORY) LEVY (AS APPLICABLE): EXPENSE FUND $ 11,857,158 - LID LIFT NAME $ - LID LIFT NAME $ RESERVE FUND $ NON -VOTED G.O. BOND (Limited) $ REFUNDS (Noted on worksheet) $ 50,000 TOTAL REGULAR LEVY $ 11,907,158 EXCESS (VOTER APPROVED) LEVY: (Please list authorized bond levies separately.) G.O. BONDS FUND LEVY $ G.O. BONDS FUND LEVY $ G.O. BONDS FUND LEVY $ SPECIAL LEVIES (INDICATE PURPOSE AND DATE OF ELECTION AT WHICH APPROVED, EXCEPT LID LIFTS): TOTAL TAXES REQUESTED: $ 11,907,158 THE ABOVE IS A TRUE AND COMPLETE LISTING OF LEVIES FOR SAID DISTRICT FOR TAX YEAR 2023 AND THEY ARE WITHIN THE MAXIMUMS ESTABLISHED BY LAW. (AUTHORIZED SIGNATURE) (DATE) COUNCIL MEETING DATE: October 18, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MODIFYING THE CITY'S REGULATION OF SHOPPING CARTS POLICY QUESTION: Should the City adopt an ordinance modifying the City's currently existing code regulating shopping carts? COMMITTEE: PRHSPSC CATEGORY: ❑ Consent, Ordinance City Council Business ❑ Resolution STAFF REPORT BY: Kent van Alstyne, Assistant City Attorn MEETING DATE: October 11, 2022 ❑ Public Hearing ❑ Other DEPT: LAW Attachments: 1. Staff Report dated October 26, 202)- 2. Staff Report dated October 4, 2022 3. Draft Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: C y r Initial/Date DIRECTOR APPROVAL: &aCtalidn ► Initiali Data COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to the October 18, 2022 Council meeting for discussion Chair Committee Member POSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE NOVEMBER 1, 2022: "I move to forward the proposed ordinance to the Novers,her 15; 2022 Council meetingfor second reading and enactment. " SECOND READING Ok ORDINANCE DECEMBER 6, 2022-: "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITYCLERK S OFFICE) COUNCIL ACTION: 1 ❑ APPROVED COUNCIL BILL #� ❑ DENIED First reading TABLED/DEFERREDINO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 26, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney Kent van Alstyne, Assistant City Attorney SUBJECT: Modifying the City's Regulation of Shopping Carts Back2round Information: On October 18, 2022, the City Council ("Council") considered the proposed ordinance amending the City's regulation of shopping carts ("Ordinance"). After significant discussion and input, the Council voted.to forward the Ordinance —with two modifications —to first reading on November 1, 2022. First, Council directed that the Ordinance be modified to exempt impounded shopping carts from the applicable impound fee where: (1) the retail owner of the shopping cart had previously adopted security measures under FWRC 7.25.050; and (2) the shopping cart had legally compliant signage consistent with FWRC 7.25.030 and state law. Second, Council directed that the Ordinance be modified to add securing all shopping carts within a building or enclosure when the retail establishment is closed to the list of approved security measures under FWRC 7.25.050. The updated draft of the Ordinance for first reading implements both changes. CITY OF FEDERAL WAY MEMORANDUM DATE: October 4, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney Kent van Alstyne, Assistant City Attorney SUBJECT: Modifying the City's Regulation of Shopping Carts Financial Impacts: City of Federal Way ("City") Staff have proposed allocating $250,000 in the 2023 City Budget to finance operation and enforcement of the shopping cart program. This budget allocation would cover additional required staffing (administrative, field worker), as well as equipment and operational costs (storage for personal property, truck and trailer). All other -staffing -requirements _not covered_ by the proposed- budget -allocation _incurred_ through enforcement of the abandoned shopping cart program would be internalized among existing personnel. Background Information: A. Current Shopping Cart Regulation in the City In 2018, the City Council passed Ordinance No. 18-858, which first established regulations specifically governing abandoned shopping carts in the City — meaning that the cart is not currently in anyone's possession. The City's abandoned shopping cart regulations are codified in Chapter 7.25 of Federal Way Revised Code ("FWRC"). Chapter 7.25 FWRC currently regulates abandoned shopping carts by: (1) requiring identification signs on all shopping carts in the City in compliance with state law; (2) providing for an impoundment program for abandoned shopping carts on public and private property with associated owner notification; and (3) charging shopping cart owners impound fees, but deferring such fees for the first three carts attributable to each owner each month if the owner has established security measures to prevent removal of the shopping carts from the premises. 1 Violations of current Chapter 7.25 FWRC are enforceable under the standard mechanisms for civil enforcement of code. While the current code regulates abandoned shopping carts, there is no current civil regulation in code of other shopping carts off the store's property in possession of a person. In addition to the civil regulation of abandoned shopping carts in the City, the City has adopted into code the misdemeanor offense of shopping cart theft in RCW 9A.56.270.Only unauthorized removal or possession of shopping carts with required identification signs constitutes a crime. The maximum penalty under state law for shopping cart theft is a $1,000 fine, and 90 days in jail. Shopping cart theft in the city is enforced through the police department. B. Proposed Modifications to Shopping Cart Regulation The proposed ordinance contains several amendments to shopping cart regulation in the City ("Ordinance"). Specifically, the Ordinance: (1) makes possession of a shopping cart (whether appropriately signed or not) in a City right-of-way a Class III infraction, and specifically makes shopping cart found in the city right-of-way subject to seizure; (2) expands the impound program to cover both impounds of abandoned shopping carts, as well as seizures of stolen shopping carts and any shopping carts illegally in the right-of-way; (3) modifies the impound/seizure fees to exempt all carts that have a legally sufficient identification sign; (4) provides that the city must develop procedures for appropriate treatment and storage of personal property in seized shopping carts; (5) establishes a stand-alone provision in the City criminal code related to shopping cart theft, similar to the current provisions regarding graffiti crimes. The proposed modifications will allow for expanded impound and seizure of not only abandoned shopping carts, but also stolen shopping carts with the required identification signs, and any shopping cart found in the city right-of-way. 2 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the regulation of shopping carts within the City; amending FWRC 7.03.020, 7.25.030, 7.25.040, and 7.25.060; adding a new section to Chapter 6.30 including section 6.30.070; and adding a new section to Chapter 7.25 including section 7.25.070. (Amending Ordinance No. 18- 858.) WHEREAS, Article XI, Section 11 of the Washington State Constitution authorizes the City Council ("Council") of the City of Federal Way ("City") to make all local police and other regulations so long as they do not conflict with general state laws; and WHEREAS, RCW 35A.11.020 authorizes the Council to adopt and enforce ordinances regulating municipal affairs and impose civil penalties not exceeding five thousand dollars and criminal penalties as described by state law; and WHEREAS, the Council has enacted the City's ordinances, some of which are set forth in the Federal Way Revised Code ("FWRC") including Chapter 6, which regulates criminal activity in support of public safety and welfare, and Chapter 7, which identifies public nuisances; and WHEREAS, retail businesses provide shopping carts for the convenience of customers shopping on the premises of the businesses; and WHEREAS, abandoned, lost, and/or stolen shopping carts on public or private property contribute to conditions of blight in the community and reduce property values; and WHEREAS, such shopping carts on public or private property can obstruct free access to sidewalks, streets, and other rights -of -way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services; and WHEREAS, on December 4, 2018, the Council passed Ordinance No. 18-858, which Ordinance No. 22- Page 1 of 10 Rev 1 /22 regulates abandoned shopping carts in the City as provided in Chapter 7.25 FWRC; and WHEREAS, shopping cart theft, as defined in RCW 9A.56.270, is a misdemeanor in the State of Washington; and WHEREAS, the City has adopted RCW 9A.56.270 by reference in Chapter 6.30 FWRC; and WHEREAS, the Council desires to modify and supplement the City's current regulation of abandoned, lost, and/or stolen shopping carts in the City to benefit the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findinjs. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by protecting public health and safety. Section 2. Chapter 6.30.010 of the Federal Way Revised Code is hereby amended to read as follows: 6.30.010 Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes are adopted by reference: 9.26A.110 Fraud in obtaining telecommunications service —Penalty. 9.54.130 Restoration of stolen property — Duty of officers. 9A.56.010 Definitions. Ordinance No. 22- Page 2 of 10 Rev 1/22 9A.56.020 Theft —Definition, defense. 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. 9A.56.096 Theft of rented, leased, or lease -purchased property. 9A.56.140 Possessing stolen property — Definition, credit cards, presumption. 9A.56.170 Possessing stolen property in the third degree. 9A.56.220 Theft of cable television services. 9A.56.240 Forfeiture and disposal of device used to commit violation. 9A.56.260 Connection of channel converter. 9A.56.280 Credit, debit cards, checks, etc. — Definitions. Section 3. Chapter 7.03.020 of the Federal Way Revised Code is hereby amended to read as follows: 7.03.020 Definitions. The definitions in this section apply throughout this title unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Abandoned' means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned. Ordinance No. 22- Page 3 of 10 Rev 1/22 "Abandoned or lost shopping cart" means any shopping cart left unattended or discarded upon made withetA the ' any public property in the cites or private property other than the premises of the retail establishment from which the shopping cart was removed. "Attractive nuisance" means the circumstance or condition which may reasonably be expected to attract young children and which constitutes a danger to such children. Attractive nuisances include but are not limited to unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof, abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, or shaft; and any lumber, trash, debris, or vegetation that may prove a hazard for minors. "Building," in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or other structure used for the lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more units separately secured or occupied is a separate building. "Director" means the director of the community development department or a person designated by the director of the community development department. "Hearing officer" means the mayor, or his or her designated representative. "Junk" means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or inoperable motor vehicles or vehicular component parts. Ordinance No. 22- Page 4 of 10 Rev 1 /22 "Junk vehicle" means any vehicle substantially meeting at least three of the following conditions: (1) Is three years old or older; (2) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (3) Is apparently inoperable; (4) Has an approximate fair market value equal only to the approximate value of the scrap in it. "Junkyard" means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. "Litter" shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage, wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances, junk, broken stone or cement, broken crockery, discarded building materials, inoperable bicycles or bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings, and all other trash, including abandoned inflammable materials, which are a fire hazard or a menace to the public health, safety, or welfare. "Shopping cart" means a basket mounted on wheels or a similar device of the type generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. "Stolen shopping cart" means a.shopping cart that is both: (1) Marked with an identification sign in compliance with FWRC 7.25.030; and (2) Removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart. Section 4. Chapter 7.25 of the Federal Way Revised Code is hereby amended to read as follows: Ordinance No. 22- Page 5 of 10 Rev 1 /22 Chapter 7.25 ABANDONED SHOPPING CARTS Section 5. Chapter 7.25.040 of the Federal Way Revised Code is hereby amended to read as follows: 7.25.040 Impoundment and fees. (1) Impoundment of abandoned or lost shopping carts. The city may immediately impound an abandoned or lost shopping cart on private land within the city with the consent of the party in possession of the land and may immediately impound an abandoned or lost shopping cart on public land within the city. (2) Seizure of shopping carts. Any stolen shopping cart may be seized as part of a criminal investigation under FWRC 6.30.010, FWRC 6.30.070, or other applicable criminal law. Any shopping cart operated in violation of FWRC 7.25.070is also subiect to seizure. (23) Notification. The city shall notify the owner of each impounded or seized shopping cart in writing if the shopping cart has an identification sign as required by FWRC 7.25.030. The director may establish by rule a process for owners to register a preferred method of notification. If delivered by U.S. mail, the notice shall be deemed to have been received three days after mailing. The notice shall state the amount of the impound or seizure fee and that the owner has 14 days from the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is not retrieved within 14 days, the city may dispose of the shopping cart. (34) Impound or seiz-ure fee. The city shall charge a shopping cart impound or seizure fee to the owner of each abaffdaned shopping cart impounded or seized by the city, unless the shopping cart is exempt from such impound fee under FWRC 7.25.040(4),f e is eligible f .. de fif 1. Each shopping Ordinance No. 22- Page 6 of 10 Rev 1/22 cart impounded or seized by the city shall constitute a separate violation. The shopping cart impound fee shall be per the fee schedule maintained by the city clerk. (45) Fee exem�ona,Prra�. e-E s'��„ �'� er- :- peen -ad fea.� r.=� +i,d r.�,f tlffee :Impounded or mr - --- - seized shopping carts shall be exempt from the impound or seizure_ fee if the owner of the shopping cart, prior to the impoundment, has implemented security measures as defined in. FWRC 7.25.05Q, and the shopping cart is compliant with the identification sign requirement of FWRC 7.25.030.E Section 5. Chapter 7.25.050 of the Federal Way Revised Code is hereby amended to read as follows: 7.25.050 Security measures. (1) Security measures are methods to prevent removal of shopping carts from or to return them to the premises of the retail establishment including, but not limited to: (a) Electronically activated self -braking wheels; or (b) Poles mounted to shopping carts or other physical barriers that prevent removing the shopping carts from the interior of the retail establishment; or (c) Utilization of a shopping cart patrol and retrieval company who recovers shopping carts on behalf of the retail business within a two-mile radius of the contracting retail establishment no fewer than two times per week; or (d) Security personnel dedicated to cart control and retention and securing all shopping carts within a Ordinance No. 22- Page 7 of 10 Rev 1/22 secured enclosure or building when the retail establishment is closed: or (e) Other measures deemed appropriate and effective by the director. Section 7. Chapter 6.30 of the Federal Way Revised Code is hereby amended to add a new section 6.30.070 to read as follows: 6.30.070 Shopping cart theft. (1 )Adoptioiz. RCW 9A.5 6.270. Shopping cart theft., as now enacted or hereafter amended is adopted by reference. (2) Seizure. Any such stolen shopping cart shall be subject to rein re related fees as provided by FWRC 7.25.040. (3) Personal 12rWerly. The city shall develop procedures to ensure appropriate treatment and/or storage of any Personal property located in a shopping cart subject to seizure in accordance with applicable law. Section 8. Chapter 7.25 of the Federal Way Revised Code is hereby amended to add a new section 7.25.070 to read as follows: 7.25.070 Operation of showing cart on public right-of-way. It is a Class 3 civil infraction under RCW 7.80 to push, pull. possess or otherwise operate a shopping cart on a public right-of-way. Section 9. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, Ordinance No. 22- Page 8 of 10 Rev 1/22 clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 12. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: Ordinance No. 22- Page 9 of 10 Rev 1/22 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 10 of 10 Rev 1/22