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04-18-2023 Council Packet - Regular
CITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* April 18, 2023 — 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Crime Statistics Report — Chief Hwang • Sister City Trip to Donghae, South Korea and Hachinohe, Japan — April 21 - 29 • Farmer's Market Opening Day — Saturday, May 13 at The Commons • Touch -A -Truck on Saturday, May 20 at Wild Waves (new location) • Past Events: Ribbon Cutting for La Michoacana Classic (April 8), Seattle Chamber Economic Forecast by Federal Reserve (April 11), US Conference of Mayors Seattle Meeting (April 11) • Upcoming Events: Grand Reopening & Ribbon Cutting for Hampton Inn & Suites (April 19) and Ribbon Cutting for Grocery Outlet Bargain Market (April 20) 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 forbeing disorderly. All individual comments are limited to 3 minutes each. 5. PRESENTATIONS a. Ceremonial Swearing -In of New Federal Way Police Officers • Officer David Pollock • Officer Adnan Ihsan • Officer David Agapov b. Port of Seattle South King County Community Impact Fund Environment and Sustainability Grants for 2023 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Land Use/Transportation Committee (LUTC) The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 • Finance, Economic Development Regional Affairs Committee (FEDRAC) • 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: April 4, 2023 Regular and Special Meeting Minutes b. Resolution: Intent to Renew the Steel Lake Management District (SLMD) Number 1 and Setting of a Public Hearing Date of June 6, 2023 c. Pollution Prevention Assistance Partnership- Authorization to Apply for Interagency Agreement d. 21st Ave S and S 320L Street Signalization and Pedestrian Improvements - Authorization to Bid e. Authorization to Accept Conservation Futures Tax Levy (CFT) Grant f. Dish Wireless LLC Site Lease Agreement — Lakota Park g. 2023 Diversity Commission Work Plan h. Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program — Grant Award Acceptance Memorandum of Understanding (MOU) 8. COUNCIL BUSINESS a. TC-3 Letter of Intent to Award and Initiation of Development Agreement b. Repair of Opticom Pre-Emption System c. Youth Commission Appointment 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Property Acquisition Pursuant to RCW 42.30.110(1)(b) • Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 COUNCIL MEETING DATE: April 18, 2023 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 April 4, 2023 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, City Clerk DEPT: City Clerk Attachments: April 4, 2023 Regular Meeting Draft Minutes April 4, 2023 Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair DIRECTOR APPROVAL: qli Initial/Date N/A Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " N/A Committee Member (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 CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers April 4, 2023 — 5:00 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:01 p.m. 0 'A'9'cT City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. Councilmember Erica Norton did not attend the special meeting. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. PJEa44Biel =[07W_144Xr]/_10[N� Deputy Mayor Honda led the flag salute. 3. COMMISSION INTERVIEWS The Council interviewed five applicants for the Parks and Recreation Commission, one applicant for the Youth Commission, and one applicant for the Planning Commission. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:57 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 April 4, 2023 1k CITY OF 1k Federal Way_T CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers April 4, 2023 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. Councilmember Erica Norton attended remotely. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S EMERGING ISSUES AND REPORT Report on National League of Cities (NLC) Conference Mayor Ferrell and Councilmembers shared experiences from the recent National League of Cities Conference in Washington DC. They reported on meetings with Washington's two Senators and other representatives to lobby for federal funding for city projects. The conference had over 3,500 participants from all over the country and included sessions on topics such as drug policy, electronic vehicle charging, and other good governance matters. Update on Sister City Trip to Donghae, Korea and Hachinohe, Japan The Mayor provided information on the upcoming Sister City trip to South Korea and Japan in late April. He noted this is the first trip to visit these sister cities in twenty years, and provided a list of individuals attending in the delegation which includes elected officials, city staff, and leaders from the business community. Update on State Legislative Session Mayor Ferrell reported on state legislative issues the city is watching closing include the police pursuits bill, Blake decision fix, and long-term transportation funding. He is concerned with a proposal to push funding an additional ten years for the triangle project which would alleviate congestion in the downtown corridor noting the triangle project originally dates back to 2009. Federal Way City Council Regular Minutes Page 1 of 6 April4, 2023 7th Annual Korean School Fundraiser Night & Community Events He reported on his attendance at the Annual Korean School fundraiser night on Saturday, April 1. He was pleased to see such a wonderful turnout for this 7th annual community event. Mayor Ferrell also announced a new location for the annual Touch -A -Truck event due to planned construction at the TC-3 (former Target property). The event will be held on Saturday, May 20th at Wild Waves; he is hopeful this will be a permeant move for the family -friendly event for years to come. 4. PUBLIC COMMENT Barbara Comley spoke about a parking violation she received for parking on gravel in her vacant piece of property Susan Strong shared what Federal Way was like when she moved here in 1975. She is disappointed with the current condition of the city and spoke about feeling unsafe in the Day Center area. Geoffrev Tancredi shared his disappointment with King County in regards to how they address homelessness and addiction noting the need to help the individuals with drug and mental health issues. Lana Bostic expressed her gratitude for the gun buy back event. Lastly, she shared about a Senior Health and Resource Fair scheduled for Thursday, May 11th at the Performing Arts and Event Center. Michael Mitchell, 25-year resident, shared frustration at receiving a parking violation for parking in the easement on his property. Alex Milsten agreed with the statement by Mr. Tancredi made concerning terrorism and fentanyl. He believes the best way to prevent drug addiction is to improve living conditions and reduce stress as well as through rehabilitation services. Betty Taylor expressed a desire to promote National Night Out in a similar way that the City promotes the Red, White and Blues festival. She would like to see mailers and advertisements sent to every household in Federal Way. 5. PRESENTATIONS a. Proclamation: Food Waste Prevention Week —April 10-16, 2023 Councilmember Walsh read and presented the proclamation to Food Bank Director for MSC Steven Curry and Senior Center Food Bank Director Kae Lee. The recipents thanked the Mayor and Council and provided information on food bank services and needs in the city. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh announced Parks Appreciation day will be held on Saturday, April 22 at the Blueberry Farm and Town Square Park from 9:00 a.m. to noon and encouraged volunteers to help beautify the city. The next committee meeting will be April 11 at 5:00 p.m. Federal Way City Council Regular Minutes Page 2 of 6 April4, 2023 Land Use/Transportation Committee (LUTC) Councilmember Dovey reported next meeting will be May 1 at 5:00 p.m. He provided information on the most recent committee meeting and announced a new independent grocery store opening at the end of South 312th Street and State Route 509 on Thursday, April 20. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran reported on the March committee meeting which forwarded four items for Council consideration. He recognized the Finance Department staff for their outstanding work and looks forward to the implementation of the new OpenGov software which will increase access and promote transparency to the public on the city finances. The next committee meeting is April 25 at 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported the next committee meeting will be Wednesday, April 12; there was not a meeting in March. Deputy Mayor & Regional Committees Report Deputy Mayor Honda reported on her attendance at various regional meetings including the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting. She encouraged attendance at the first Senior Health Fair created by the Senior Advisory Commission: to be held at the Performing Arts and Event Center on May 11 at 10:00 a.m. She thanked everyone who applied and interviewed for the volunteer Commission appointments. She noted she is looking forward to the AWC 2023 Legislative Session recap on May 18. Council President Report Council President Kochmar noted her and Deputy Mayor Honda continue to meet with the School Board leadership with the next meeting scheduled for April 12. She encouraged youth to seek summer jobs with the city employment opportunities and noted her support of the Make Music Federal Way fundraiser on April 22. She shared a personal reflection on experiences she had and places she visited while on the east coast; she is thankful to live in the pacific northwest. 7. CONSENT AGENDA a. Minutes: March 21, 2023 Regular and Special Meeting Minutes b. Monthly Financial Report — February 2023 c. AP Vouchers 02/16/2023 — 03/15/23 & Payroll Vouchers 02/01 /2023 — 02/28/2023 Asphalt Overlay Project Bid Award d. Saghalie Track Replacement Retainage Release e. Spectra Venue Management 2022 Incentive Fee COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH E; 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 Councilmemberpovey yes Councilmember Norton yes Federal Way City Council Regular Minutes Page 3 of 6 April 4, 2023 8. COUNCIL BUSINESS a. King County Grant Acceptance for Recognition of Veterans Policy Advisor Bill Vadino reported the city received notice of a $5,000 grant opportunity from King County Councilmember Pete von Reichbauer. These grant funds would be allocated to the city Veterans Committee for projects to honor service members; funds need to be spent by December 2023. COUNCIL PRESIDENT KOCHMAR MOVED TO APPROVE ACCEPTANCE OF A $5,000 GRANT FROM KING COUNTY ON BEHALF OF THE CITY OF FEDERAL WAY VETERANS COMMITTEE IN SUPPORT OF PROJECTS THAT WILL HONOR SERVICE MEMBERS AND VETERANS IN THE COMMUNITY; SECOND BY COUNCILMEMBER WALSH. 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. Parks and Recreation Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION: MONTGOMERY STEWART AND GERALD KNUTZEN TO VOTING POSITIONS WITH TERMS TO EXPIRE APRIL 30, 2025; AND MICHAEL CAMPSMITH, KAREN BRUGATO, RAYNA ROSS, AND GEORGE VADINO TO VOTING POSITIONS WITH TERMS TO EXPIRE APRIL 30, 2026; 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 c. Youth Commission Appointments COUNCILMEMBER WALSH MOVED APPOINT AISSATA BANGOURA TO THE YOUTH COMMISSION VOTING POSITION WITH A TERM TO EXPIRE AUGUST 31, 2025: 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 d. Planning Commission Appointment COUNCILMEMBER DOVEY MOVES THE APPOINTMENT OF SANYU TASHUBE TO THE PLANNING COMMISSION AS AN ALTERNATE MEMBER FOR A TERM TO EXPIRE SEPTEMBER 30, 2024; SECOND BY COUNCILMEMBER TRAN. 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 Federal Way City Council Regular Minutes Page 4 of 6 April4, 2023 9. ORDINANCES Second Reading/Enactment: a. Council Bill #845/2022 Comprehensive Plan Amendments- Rivera Property Site Specific Recl uest and Public Works Text Amendments Non -Motorized Transportation/APPROVED ORDINANCE NO. 23-954 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 1.26 ACRES LOCATED AT THE SOUTHEAST CORNER OF 1ST AVENUE SOUTH AND SOUTH 328TH STREET, PARCEL NUMBER 052104-9204, FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY BUSINESS (BC); AND AMENDING THE TEXT OF COMPREHENSIVE PLAN CHAPTER 3, TRANSPORTATION, TO INCLUDE VARIOUS CITY-WIDE NON - MOTORIZED TRANSPORTATION IMPROVEMENT PROJECTS. (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98- 330, 00-372,01-405, 03-442, 04-460, 04-461, 047462, 05- 490, 05-491, 05-492, 07- 558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18- 843, 19-866, 21-907, AND 22-938) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Council Bill #846/Community Business (BC) Code Amendments for School Uses/ APPROVED ORDINANCE NO. 23-955 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO HEIGHT OF MINOR AND SUPPORTING STRUCTURES FOR SCHOOL USES IN THE COMMUNITY BUSINESS (BC) ZONING DISTRICT; AMENDING FWRC 19.220.040 (AMENDING ORDINANCE NOS. 90-43, 93-170, 96-270, 97-291, 01-385, 01-399, 03-443, 07-559, 08-585, 09-604, 09-605, 11-700, AND 12-735.) City Clerk Stephanie Courtney read the ordinance title. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. Councilmember Dovey thanked the staff and school district for working together on this project for the city to enjoy for years to come. 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. COUNCIL REPORTS Councilmember Assefa-Dawson shared experiences she had after the NLC conference in the Washington DC area; she enjoyed all the history and museums the area has to offer. She would Federal Way City Council Regular Minutes Page 5 of 6 April 4, 2023 love to see a museum in Federal Way to engage adults. Councilmember Norton and Councilmember Tran had no reports. Councilmember Walsh shared his insight and appreciation for the country and the past. He was moved by the memorials and museums in Washington D.C. dedicated to those who fought for our country and believes these places and monuments are worth seeing and made him appreciate his heritage. He also shared the loss of a friend and fellow volunteer at the Senior Center Food Bank, and congratulated Federal Way resident and high school student lam Tongi on his continued success on American Idol. Councilmember Dovey reported on an idea he received from a chance encounter in Washington DC where a church purchased 100 affordable homes for people to stay in and how they made the project successful. He invited the community to the Annual Marine Hills Parade that will take place on Saturday and includes some of Federal Way's elected officials; he is also looking forward to attending the Touch -A -Truck event with his two grandsons. He provided information on financial training partnership opportunities offered to the city. Deputy Mayor Honda reported the annual Kiwanis Salmon Bake will be held on July 28 at Steel Lake Park; dinner tickets are $30 for a restaurant style meal. She attended the Korean School Fundraiser event and was pleased with the many entertaining performances from the students. She shared her personal experience of connecting with a fellow Councilmember from Iowa while in Washington DC; she enjoyed discussing their commonalities and noted their success in receiving federal funding. Council President Kochmar thanked Councilmember Walsh for sharing his moving thoughts on the war memorials and shared stories of her family's prior military service. She thanked King County Councilmember Pete von Reichbauer for the grant money to honor veterans and thanked Congressman Adam Smith for the conversations on federal funding. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:00 p.m. Attest: Stephanie Courtney City Clerk Approved by Council - Federal Way City Council Regular Minutes Page 6 of 6 April 4, 2023 7b COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: INTENT TO REFORM THE STEEL LAKE MANAGEMENT DISTRICT (SLMD) NUMBER 1 AND SETTING OF A PUBLIC HEARING DATE OF JUNE 6, 2023 POLICY QUESTION: Should Council adopt a Resolution of intent to reform the Steel Lake Management District Number 1 and set a related public hearing during the June 6, 2023, regular City Council meeting? COMMITTEE: LUTC MEETING DATE: April 3, 2023 CATEGORY: ❑ Consent ❑ Ordinance Public Hearing ❑ City Council Business ® Resolution ❑ Other S. -- STAFF REPORT BY: Dan Stemkopf, Water uali Specialist-0 S. DEPT: Public Works Attachments: 1. Staff Memorandum 2. Proposed Resolution Options Considered: 1. Adopt the proposed resolution of intent to reform the Steel Lake Management District Number 1 and set a public hearing date during the June 6, 2023, regular City Council meeting regarding the formation of the Steel Lake Management District. 2. Do not adopt the proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: 5� 31-ai12z-13 InitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the April 18, 2023 consent agenda for apprpa-1, Chair Ja4 Walsh, Committee Member Hoanp Tran, Committee Member 1ge0POSED COUNCIL MOTION: "I*ve to adopt the proposed resolution of intent to reform the Steel Lake Management District Number 1 and set a public hearing date for the June 6, 2023, regular City Council meeting regarding the formation of the Steel Lake Management District. " 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: April 3, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directof� Dan Sternkopf, Pollution Control Specialist SUBJECT: Resolution: Intent to Reform the Steel Lake Management District (SLMD) Number 1 and Setting of a Public Hearing Date of June 6, 2023 Financial Impacts: There is no cost to the City for the reformation of Steel Lake Management District Number 1 ("SLMD"). SLMD activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to Steel Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the SLMD are funded through these assessments, and thus this item will have no direct financial impacts on the City. Background Information: After 10 years of successful lake management, 2023 .will bring to a close. the existing Steel Lake Management District Number 1 (2014-2023). The SLMD provides an organizational structure and funding mechanism that allows for proactive lake management activities focusing on the protection and enhancement of water quality, recreational use, and aesthetic value of Steel Lake. SLMD oversight is provided by an Advisory Committee which meets on a quarterly basis. SLMD Advisory Committee members and other affected property owners are now interested in reforming the SLMD for another 10-year period. To start this process, sufficient signatures were collected on a petition to the City of Federal Way City Council to reform the Steel Lake Management District Number 1. The petition meets the criteria set forth in RCW 36.61.030 for the reformation of a Lake Management District. The attached proposed Resolution establishes the intent to reform SLMD and annual assessments, and sets a related Public Hearing for June 6, 2023. In the coming months, additional City Council actions will be required to complete SLMD reformation, including adoption of related Ordinances. Rev 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, to reform Steel Lake Management District Number 1, declaring its intention to do so, and setting a public hearing on the reformation of the proposed district. WHEREAS, the term of the current Steel Lake Management District Number 1 will expire at the end of 2023; and WHEREAS, Steel Lake contains significant natural resources including wetlands, and supports many beneficial public purposes including recreation, water quality, stormwater protection, aesthetics, and property value support; and WHEREAS, the City of Federal Way is committed to a good faith effort to continuing these activities through a Steel Lake Management District; and WHEREAS, pursuant to chapter 35.21 RCW and chapter 36.61 RCW a lake management district may be formed to provide funding to support the maintenance and improvement of lakes; and WHEREAS, the Steel Lake community has demonstrated continued support for a Steel Lake Management District through submittal of a petition calling for the reformation of Steel Lake Management District Number 1, which contained the signatures of 27 property owners representing twenty percent of the acreage contained within the proposed reformed Steel Lake Management District Number 1; and WHEREAS, the hearing notice requirements of chapter 35.61 RCW provide an opportunity to evaluate property owner interests in the reformation of Steel Lake Management District Number 1 activities. Resolution No. 23- Page I of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Intention to reform the Steel Lake Management District. The City of Federal Way City Council declares, by passing this resolution, its intention to conduct the activities required by RCW 36.61 for the reformation of the Steel Lake Management District Number 1 ("SLMD"). The nature of the proposed activity to be undertaken by the SLMD is the implementation of the 2024- 2033 Steel Lake Management District Plan (SLMDP). The estimated annual maximum amount of special assessments that is proposed for the reformed SLMD is $15,232.00, which will be collected annually for ten years to finance SLMD activities. The estimated total amount to be collected during the life of the SLMD is $152,320.00. The proposed duration of the SLMD is ten years from the date the SLMD is actually reformed by ordinance. The proposed boundaries of the SLMD encompass all properties adjacent to Steel Lake with lake front footage or with deeded lake access. The proposed rate structure is based on equal charges for similar parcels. Undeveloped parcels with lake frontage will be charged $33 per year. Single family developed parcels will be charged $95 per year. Single multifamily parcels will be charged $306 per year. The City Park property will be charged $2,279.00 per year. The Department of Fish and Wildlife parcel with a public boat launch will be charged $3,895.00 per year. Section 2. Public Hearin . A public hearing conducted by the City of Federal Way City Council shall be held on the proposed reformation of the SLMD: DATE: June 6, 2023 TIME: 6:30 pm or shortly thereafter Resolution No. 23- Page 2 of 4 PLACE: City of Federal Way City Hall, 33325 8th Ave South Federal Way, WA Section 3. Establishment of Advisory Committee. If Steel Lake Management District Number 1 is reformed, the City of Federal Way City Council will reestablish a non -paid Advisory Board of lakefront property owners representative of the diversity among property owners around Steel Lake to oversee the implementation of the SLMD program and to assist the City of Federal Way in establishing annual budgets and work plans for the use of SLMD revenues and expenditures. The Advisory Board will meet regularly as determined by the Board, propose annual budgets for SLMD expenditures to the City of Federal Way, educate its neighbors on SLMD issues, and submit annual reports of SLMD activities to the City of Federal Way. Section 4. Public Notice. The City of Federal Way Clerk is hereby directed to publish and mail notices as required by RCW 36.61. Section 5. Severabili . 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 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Resolution No. 23- Page 3 of 4 Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ATTEST: 2023. 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: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 4 of 4 7c COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLLUTION PREVENTION ASSISTANCE PARTNERSHIP —AUTHORIZATION TO APPLY FOR INTERAGENCY AGREEMENT POLICY QUESTION: Should the City Council authorize the Public Works Department to apply for the 2023-2025 Pollution Prevention Assistance Partnership and, if awarded, enter into an interagency agreement with the Washington State Department of Ecology (Ecology)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 3, 2023 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Du, Water Quality Prog. Supervisor DEFT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed authorization to apply for the Pollution Prevention Assistance Partnership and enter into the resulting interagency agreement with Ecology. 2. Do not approve the proposed authorization to apply for the Pollution Prevention W Assistance Partnership and_provide direction to staff. MAYOR'SRECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed authorization to apply for the Pollution Prevention Assistance Partnership and enter into the resulting interagency agreement with Ecology to the April 18, 2023 consent agenda for approval. Chair 'la also. drnmittee Member I-ioana Ti-an. Committee Member PROPOSED COUNCIL MOTION: "I Iran approval of the proposed authorization to apply for the Pollution Prevention Assistance Partnership a enter into the resulting interagency agreement with Ecology. " (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: April 3, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kevin Du, Water Quality Supervisor KD SUBJECT: Pollution Prevention Assistance Partnership — Authorization to Apply for Interagency Financial Impacts: Entering into an interagency agreement with Washington State Department of Ecology for the 2023-2025 Pollution Prevention Assistance (PPA) Partnership will have no direct financial impact. If the City's PPA application is approved, Ecology will compensate the City for our costs incurred via the Partnership. In working to meet National Pollutant Discharge Elimination System (NPDES) permit requirements, the City already routinely performs activities that closely mirror PPA program objectives. In essence, the cost of providing services that are already budgeted and programmed would be reimbursed via the PPA Partnership. Background Information: The PPA Partnership application is a competitive process, with applications due April 28, 2023. Staff are seeking City Council approval to submit the City's 2023-2025 PPA application and, if awarded, enter into the interagency agreement to perform and receive compensation for services outlined below. The PPA Partnership would establish a performance -based interagency agreement between Ecology and the City of Federal Way. The PPA program is designed to service businesses that generate small quantities of hazardous waste (known as small quantity generators or SQGs). Under the PPA Partnership, the City would provide hands-on assistance to help identify, mitigate, and resolve potential pollution issues. Examples of these services include: • Interpreting and explaining hazardous waste regulations that apply to SQGs. • Recommending operational improvements to help ensure SQGs comply with hazardous waste regulations. • Recommending recycling or disposal resources to manage SQG hazardous waste. + Enhancing SQG spill prevention practices and spill response materials. • Recommending best management practices (BMPs) for stormwater management. • Promoting incentives provided directly to SQGs by the PPA's Product Replacement Program. Rev 6/2019 7d COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21ST AVE S AND S 320Tn SIGNALIZATION AND PEDESTRIAN IMPROVEMENTS AUTHORIZATION TO AD POLICY QUESTION: Should the City Council authorize staff to advertise the bid for the 21" Ave S and S 320'h Signalization and Pedestrian Improvements project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 3, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith, P.E., Sound Transit Liaison DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memo dated April 3, 2023 Options Considered: 1. Authorize staff to bid the 21" Ave S and S 320`t' Signalization and Pedestrian Improvements project, and authorize staff to return to the LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to bid and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL DIRECTOR APPROVAL: • Codeli A0� '- Initial/Date 31-Zq IZ61T3 COMMITTEE RECOMMENDATION: I move to forward option I to the April 18, 2023 City Council consent agenda for approval. —7Z ck ❑vev_ Cornmittee0air Jac Walsh. Committee Member Hoang Tra.n, Committee Member PR OSED COUNCIL MOTION: "I 1dovl-e. authorize staff to bid the 21" Ave S and S 3201" Signalization and Pedestrian Improvements project, and authorize staff to 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: April 3, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kent Smith, P.E., Sound Transit Liaison/ � SUBJECT: 21" Ave S and S 320`h Signalization and Pedestrian Improvements Authorization to AD Financial Impacts - The cost to the City for the 21 st Ave S and S 320th Signalization and Pedestrian Improvements was included within the approved budget under the Public Works Department, Capital Project #225. In accordance with the approved budget, this item is funded by a grant through Sound Transit 3 and the System Access Program and LIFT funds. Upon completion of the project, 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 as required during the budget process. Background information: This project provides a new signal for protected east and westbound left -turning movements and a protected pedestrian crossing of S 320th Street. With the eventual completion of the Federal Way Link extension and the Federal Way Transit Center Station, pedestrian traffic is expected to increase requiring improved pedestrian crossings across S 320th St. Pro icct Estimated Ex Denditu res: Design $320,000 Right -of -Way $190,000 Construction Contract $959,000 Contingency $96.000 Construction Management & Inspection $20,000 Total Project Costs $1,720,000 Proiect Available Fundin Sound Transit System Access Grant $730,000 BEET $345,000 Mitigation/Traffic Impact Fees $340,000 LIFT funds $305,000 Total Project Costs $1,720,000 Rev 6/2020 7e COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ACCEPT CONSERVATION FUTURES TAX LEVY (CFT) GRANT POLICY QUESTION: Should the Council authorize staff to accept a Conservation Futures tax levy (CFT) grant application? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 3, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other Kent DEPT: Public Works STAFF REPORT BY: Kent Smith. P.E.. Sound Transit Liaison Smith :nrs Attachments: 1. Staff Report Options Considered: 1. Approve acceptance of the Conservation Futures tax levy grant. 2. Do not approve acceptance of the grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: YW� Contmitt C ci Initial/Date lnitiallC7 is Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed acceptance of the Conservation Futures tax levy grant to the April 18, 2023 consent agenda for approval. Ad Dov ommittee Chair Jaek, Walsh, Committee Member Huang Trarl, Committee Member MO POSED COUNCIL MOTION: "I )&6ve approval of the proposed acceptance of the Conservation Futures tax levy grant. " (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: April 3, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kent Smith, P.E., Sound Transit Liaison SUBJECT: Authorization to Accept Conservation Futures Tax Levy (CFT) Grant Financial Impacts: The City has been awarded $1,500,000 in CFT grants requiring a $1,500,000 match. The match has been budgeted out of the SWM CIP 304 fund and is included in the current 2023-2024 approved budget. Operational expenses include periodic City inspection and maintenance by the SWM department which is already accounted for within the existing operating budget. Background Information: Staff has evaluated potential properties within the West Hylebos basin creek corridors between S 356`h St and S 373`d St. and determined the following three parcels for purchase using CFT grant funds. Any remaining funds will be allocated for future conservation property acquisitions. Location (Parcel Number) Estimated Cost Grant Funds Required City Match West Hylebos Basin Land Acquisition — Creek corridors between S 356`° St. and S 373r° St. 292104-9114 $750,000 $375,000 $375,000 292104-9026 $150,000 $75,000 $75,000 292104-9153 $1,600,000 $800,000 $800,000 Total Cost $2,500,000 Up to $1,500,000 Up to $1,500,000 Rev 6/2020 7f COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DISH WIRELESS L.L.C. SITE LEASE AGREEMENT — LAKOTA PARK POLICY QUESTION: Should the City approve the execution of a site lease agreement with Dish Wireless L.L.C. to allow installation and operation of certain equipment for use in connection with its wireless communications services? COMMITTEE: LUTC MEETING DATE: April 3, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent van Alstyne KY1� _ DEPT: Law Attachments: 1. Staff Report 2. Proposed Site Lease Agreement Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Dish Wireless L.L. C Site Lease Agreement to the April 18, 2023 consent agenda for approval. Chair Co(n ttt Mcmber Com�ei PROPOSED COUNCIL MOTION: "I move �,ppr dal of the proposed Dish Wireless L.L.C. Site Lease Agreement and authorize the Mayor to sign said agre nt, " (BELOW TO BE COMPLETED BY CITYCLERK 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: April 3, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kent van Alstyne, City Attorney's Office 14 SUBJECT: Dish Wireless L.L.C. Site Lease Agreement — Lakota Park Financial Im acts.: The revenue to the City for Dish -Wireless L.L.C. Site Lease Agreement — Lakota Park will be $3,500 per month with an annual increase of 4% on January I" of each calendar year during the term and renewal terms of the lease. Background Information: Dish Wireless L.L.C. seeks to lease property from the City through a site lease agreement for a portion of property located at Lakota Park to allow for installation and operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year renewal requests. This agreement is substantially similar to other site lease agreements currently in effect for other companies. Rev. 7/18 CITY OF CITY HALL Fe d e ra I Way 33325 Avenue South Federall Way, WA 98003-6325 VOW44.1 (253) 835-7000 www cityoffederalway com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease") is made on May 1, 2023 (the "Effective Date") between the City of Federal Way, a Washington municipal corporation ("City"), and DISH Wireless L.L.C., a Colorado limited liability company ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: DISH WIRELESS L.L.C.: DISH Wireless L.L.C. CITY OF FEDERAL WAY: Jason Gerwen Attn: Lease Administration/SESEA00041 B 33325 8th Ave S. 5701 South Santa Fe Blvd. Federal Way, WA 98003 Littleton, CO 80120 (253) 835-6912 (telephone) (844) 924-4186 Jason.gerwenrccvcityoffederaiway. coin landlordrelations ddisli.com City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease ground space ("Ground Space") and air space above the Premises on a light pole ("Light Pole") as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless communications services ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on an exclusive basis, a portion of the Premises, including the Ground Space and space on the Light Pole, together with necessary non-exclusive space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on the date of execution by the City (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Site ID - SESEA00041 B SITE LEASE AGREEMENT - 1 - 11/2022 C�C CITY OF CITY HALL Fe d e ra l Wa 33325 Sth Avenue South � Federal Way, WA 98003-6325 (253)835-7000 www cityoflederalway com Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. a. Within fifteen (15) days ofthe Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) ("Rent") per month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment fee equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1 St of each calendar year starting in 2024. C. Within sixty (60) business days of the Commencement Date, Tenant shall submit to the City a Security Deposit in an amount of Ten Thousand and 00/100 Dollars ($10,000.00), which shall be refunded at the termination of this Lease. In the event Tenant fails to pay Rent or other charges when due, notice and cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. Additional Consideration. As additional consideration for this Lease, within sixty (60) business days after the full execution of this Lease, Tenant shall reimburse the City for all of the City's actual, reasonable out of pocket costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees, provided that in no event shall such reimbursement amount exceed Five Thousand and No/100 Dollars ($5,000.00); and provided further that, as a condition precedent to Tenant's obligation to reimburse the City herein, City shall provide to Tenant documentation of such costs and expenses. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for the provision of cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned fixtures on the Light Pole, if any. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, Site ID - SESEA00041 B SITE LEASE.AGREEMENT - 2 - 11/2022 C�C CITY OF CITY HALL Federal Wa Feder 8th Avenue South �� Federal Way, WA 98003-6325 (253)835-7000 www ci fyoffederalway.com health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. If, following the Commencement Date, and through no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is otherwise withdrawn or terminated by the applicable governmental authority, then Tenant shall have the right in its sole and absolute discretion to terminate this Lease upon ninety (90) days' written notice to the City without penalty or further obligation. C. Tenant shall remove the Equipment from the Premises within ninety (90) days after termination of the Lease ("Equipment Removal Period"). Upon removal of the Equipment, Tenant shall restore the Premises to a condition substantially similar to its original condition, as reasonably determined by the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. Site ID - SESEA0004113 SITE LEASE AGREEMENT - 3 - 11/2022 CGC CITY OF CITY HALL Fe d e ra I Wa Feder 8th Avenue South �� Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway.com 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the Premises caused by Tenant due to its cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment as determined reasonably satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color, shape, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements or other applicable laws, no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant's 24-hour electronic surveillance system. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed, conditioned or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. City agrees that providers of utility or fiber services may use easement(s) Site ID - SESEA00041 B SITE LEASE AGREEMENT - 4 - 11/2022 C�C CITY of CITY HALL Fe d a ra I Wa 8th Avenue South 406Feder� y Federal Way. WA 98003-6325 (253) 835-7000 www atyoffederalway com granted herein and/or available conduit(s) for the installation of any equipment necessary to provide utility or fiber service. If the existing utility or fiber sources located on the Premises are insufficient for Tenant's Service, City agrees to grant Tenant and/or the applicable third -party utility or fiber provider the right, at Tenant's sole cost and expense, to install such utilities or fiber on, over and/or under the Premises as is necessary for Tenant's Permitted Use; provided that the City and Tenant shall mutually agree on the location of such installation(s). 10. Maintenance. Tenant shall, at its own expense, maintain the Equipment on or attached to the Premises in a safe condition, in good repair. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Lease. In addition, Tenant specifically acknowledges that all or a portion of the Premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to the full execution of this Lease and in compliance with the requirements of F WRC 19.256.190 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.256.190 to grant rights for co -location of other telecommunications facilities on the Premises. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. Site ID - SESEA00041 B SITE LEASE AGREEMENT - 5 - 11/2022 C�C CITY OF CITY HALL A** 33325 Fe d e ra I Wa Feder 8th Avenue South �� Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon ten (10) days' written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA) after applicable notice and cure periods required herein. vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. viii. For any other termination right set forth in this Lease. ix. Upon thirty (30) days written notice by Tenant if there is a change in applicable law which prohibit or adversely affect Tenant's ability to operate Tenant's Equipment at the Premise or the City or a third party installs any structure, equipment, or other item which blocks, hinders, limits, or prevents Tenant from being able to use the Site ID - SESEA00041 B SITE LEASE AGREEMENT - 6 - 11/2022 C�C CITY OF CITY HALL Federal Wa 33325 Avenue South Federall Way, WA 98003-6325 vm*�, (253)835-7000 www cityoffederalway.com Tenant's Equipment for Tenant's Services. b. In the event of any termination under this Section, Tenant shall pay City all monies due up to the date of termination as rent and/or penalties. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. 15. Indemni1y and Insurance. a. Disclaimer of Liabili : City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence of City and its officers, boards, commissions, employees, agents, attorneys and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: i. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law, Site ID - SESEA00041 B SITE LEASE AGREEMENT - 7 - 11/2022 C�C CITY OF CITY HALL Federal Way 33325 Avenue South �� Federall Way, WA 98003-6325 (253) 835-7000 www cityofederalway.com d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter upon request from the City. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty (30) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel (or ten (10) days for non-payment)." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the Equipment Removal Period (as defined above), without the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. Except as set forth herein, City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, conditioned or delayed. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant Site ID - SESEA00041 B SITE LEASE AGREEMENT - 8 - 11/2022 C�C CITY OF CITY HALL Fe d e ra I Wa Feder l Avenue South VW* � Federal Way, WA 98003-6325 (253)835-7000 www ciryoffederalway com may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. Notwithstanding the foregoing, Tenant may assign or transfer some or all of its rights and/or obligations under the Lease to: (i) an affiliate; (ii) a successor entity to its business, whether by merger, consolidation, reorganization, or by sale'of all or substantially all of its assets or stock; (iii) any entity in which Tenant or its affiliates have any direct or indirect equity investment; and/or (iv) any other entity directly or indirectly controlling, controlled by or under common control with any of the foregoing, and in each case, such assignment, transfer or other such transaction shall not be considered an assignment under this Section 18 requiring consent and City shall have no right to delay, alter or impede such assignment or transfer. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. puiet Fnjoyment. Title and Authority. City represents to Tenant, that: a. City has authority to execute this Lease; b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; d. Execution and performance of this Lease will not violate any laws or agreements binding on City; City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises; and f. As of the date of the City's execution of this Lease, the Light Pole and the Site ID - SESEA00041 B SITE LEASE AGREEMENT - 9 - 11/2022 C�C CITY OF CITY HALL Fe d e ra I Wa 33325 Avenue South �� Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Premises are in good repair, and the City will comply with all federal, state, and local laws in connections with any substances brought onto the Premises that are identified as toxic or hazardous by any applicable law, ordinance or regulation ("Hazardous Substance"). 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this Lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease (normal wear and tear and casualty excepted). This Lease (and Tenant's obligation to pay Rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations, this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes Site ID - SESEA00041 B SITE LEASE AGREEMENT - 10 - 11/2022 C�C CITY OF CITY HALL Federal Wa Feder 8th Avenue South y Federal Way, WA 98003-6325 (253)835-7000 www otyoffederalway com and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent j urisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Lease may be enforced at both law and equity. Damages are not an adequate remedy for breach. Each party shall, with respect to its actions and/or inactions pursuant to and in connection with this Lease, comply with all applicable statutes, laws, rules, ordinances, codes and governmental or quasi -governmental orders or regulations (in each case, whether federal, state, local or otherwise) and all amendments thereto, now enacted or hereafter promulgated and in force during the term of this Lease, a Renewal Term or any extension of either of the foregoing. DATED the effective date set forth above. [signatures to follow] Site ID - SESEA00041 B SITE LEASE AGREEMENT - 11 - 11/2022 C�C CIT Federal Way �� ATTEST: Stephanie Courtney, CMC, City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com CITY OF FEDERAL WAY Jim Ferrell, Mayor APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of the City of Federal Way that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of TENANT: DISH Wireless L.L.C. By: Printed Name: Title: DATE: 2023. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Site ID - SESEA00041B SITE LEASE AGREEMENT - 12 - 11/2022 C�C c �/ Federal STATE OF COUNTY OF CITY HALL Way 33325 8tn Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. cilyotfederalway com ) ss. On this day personally appeared before me to me known to be the of DISH Wireless L.L.C. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of 52023. Notary's signature Notary's printed name Notary Public in and for the State of My commission expires. Site ID - SESEA00041B SITE LEASE AGREEMENT - 13 - 11/2022 C�C CITY OF CITY HALL Fe d e ra I Wa Feder 8th Avenue South �� Federal Way, WA 98003-6325 (253)835-7000 www o"ffederaMmy com EXHIBIT A LEGAL DESCRIPTION OF PREMISES PORTION OF NORTHEAST QUARTER OF SOUTHEAST QUARTER, SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., LYING SOUTHEASTERLY OF THE ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND ALSO PORTION OF SAID SUBDIVISION LYING NORTHEASTERLY OF COUNTY ROAD NO.980 (ALSO KNOWN AS 21 ST AVENUE SOUTHWEST) AND NORTHWESTERLY OF ROBERT MALTBY ROAD; LESS AND EXCEPT THE PROPERTY CONVEYED IN THE DEEDS IN INSTRUMENT NO. 2010210000907 AND 20160620000489. Site ID - SESEA00041B SITE LEASE AGREEMENT - 14 - 11/2022 C�C CITY of CITY HALL tFederal Way 33325 8th Avenue South �Federal Way, 98003-6325 (253 ) 835-7000 wUww(.itvvffederahvaY com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT V 7L I EXSI-nNG �y BUILDING, T'P i EXSITING SPORTS FIELD -- -- --_' �mmcw mmI I� I I I E,I TI C. _ 1 �-REa I I. L- — _ - 1318'-0•* — ----_________—._____—� Cm Site ID - SESEA00041 B SITE LEASE AGREEMENT - 15 - 11/2022 0Cc CIT Federal Way " t fV® YAK �W� LLC GA! �1�RL. 0�1 W VNfff GM[Ip O9R!' POR fl STM: v'.VOa.IL p611�C unlra iem�aora rst rr�'sti .. � � won Rr •T reuAc PWPOM DO Nm� LLC 1 � CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253). 835-7000 www.cnyoffb-Jeralway corn pFTVG o,NFP Site ID - SESEA00041B SITE LEASE AGREEMENT - 16 - 11/2022 0Gc CITY OF Federal Way PROPOSED DISH W 10' POLE DRE1 I SEE (SHEET S-1) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www ciryoffederalway com IYSH Mtilm LLO. ANT9ft,3 TOP EL 0 105'-Ir AOL PROPOSED DISH Male LLC. AMTFlYL18 W CgITER ■ 1 DY-S' AOL �N OISB MW E LLC. '-Ir WS AOL J BMW DO g i OY'-d' ►GL PRQMCD 033H S'Mrn LLC. PORTL LE CENTER ■ -•0 AOL Dt6'RNC =xNEL A NTEr, TCP EL 0 Al'-6' 4GL EXI51M MCNCFCLE TO- EL. 0 92 -6' AGL IF EXISTING PANEL ANTENNAS wall l'-IL+ 9 )' -! :..L i c 1 I:ITT:. v EL EXISTING 24' iTW]IUW LIGHTS EX15TING 5T401UV LIGHT: DOTTOV EL O 75'-2` 4GL I I l E I I ~ ((1) PROPOSED DISH )rrrlp LLC. k1BItID GABLE ROUTED INSIDE POLE I y•— E�C711.G uCNCNOLE I � I I I I I I I I I UTILIZE EXISTING I r EXISTING ENTRY PORT ENTRY PCFT EMISTTI.G OMER CARRIER PROPOM 011ki *m1mas ;a9LE SHHOUG LLC. CANILE 110" EXISTING MDNGFCLE - DMOV EL O 6' AGL . Site ID - SESEA00041 B SITE LEASE AGREEMENT - 17 - 11/2022 0Cc COUNCIL MEETING DATE: April 18, 2023 ITEM #: 7g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2023 DIVERSITY COMMISSION WORK PLAN POLICY QUESTION: Should the City Council approve the 2023 Diversity Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: April 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator DEPT: Administration Attachments: 1. Staff Memo 2. 2023 Diversity Commission Work Plan (revised) Options: 1. Approve the 2023 Diversity Commission Work Plan 2. Do not approve the 2023 Diversity Commission Work Plan and provide direction to staff MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL .3,&3 DIRECTORAPPROVAL: ` 3 23 imm' eeto i loitia!lDate � COMMITTEE RECOMMENDATION: I move to forward the proposed 2023 Diversity Commission Work Plan to the April 18, 2023 consent agenda for approval. Committee air Committee Member PROPOSED COUNCIL MOTION: "I move to approve the 2023 Diversity Commission Work Plan as revised. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # DENIED First reading 0. TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 3, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: 2023 Diversity Commission Work Plan Financial Impacts There are no financial impacts to the current budget by adopting the proposed Diversity Commission Work Plan. Back -ground Information The 2023 Diversity Commission Work Plan was forwarded to the full Council for approval by the Parks and Recreation, Human Services, and Public Safety Committee on January 10, 2023. At the regular meeting on January 17, 2023, the Council sent the Work Plan back to the Diversity Commission for further work to include the addition of timelines similar to other commission work plans. The Work Plan was updated by the Commission at their February 9 and March 9, 2023 meetings and is now presented to the Council for approval. Attached: Revised 2023 Diversity Commission Work Plan Rev. 7/18 City of Federal Way Diversity Commission City of Federal Way Diversity Commission 2023 Work Plan Diversity Commission 12023 Work Plan I Page 1 of 4 City of Federal Way Diversity Commission Terminology D.E.I.A. Diversity: Differences of culture that may include race, gender, identity, ethnicity, neuro-specificity, nationality, social - economic status, language, level of ability, generation, belief system, lived experience, and/or political perspective. Equity: The quality of being fair, impartial and just. Ensuring processes are fair and accessible for everyone. Understanding that everyone does not have same starting points of advantage. Inclusion: Encouraging a welcoming culture for a diverse array of voices. The act of making a person or thing part of a group or collection. Accessibility: The practice of making information, activities, structures, and/or environments sensible, meaningful, and usable for as many people as possible. OUR MISSION: "The purpose of the diversity commission is to advise the city council and city staff on policy matters to ensure all members of our diverse community are part of the decision equation." City of Federal Way City Code Chapter2.65.020 To enrich the lives of all people who live, work and play in Federal Way by advising and guiding city government with an equity lens on policies, procedures, practices and current/emerging issues. COMMUNITY COMMITTMENT: To partner and serve as conduit to the community for City leadership with the goal to help remove barriers and increase accessibility to City services for our diverse populations. To collaborate with City leadership to eliminate all forms of discrimination intentional or non -intentional and help diverse communities be an active part of city growth. The Diversity Commission is dedicated to helping Federal Way become a city where all people feel a sense of belonging and where there is equitable access to information and opportunities for all. 2023 Work Plan ONE-YEAR STRATEGIC OBJECTIVES: The City of Federal Way Diversity Commission shall: Engage with Federal Way residents and businesses through community listening tours with intentions to build knowledge about local and regional D.E.I.A. issues and ap rtner with City leadership/City staff to co -create solutions to remedy challenges. • Commission will ap rtner with City leadership/staff to co -develop equity processesitools to increase equitable outcomes for all residents and stakeholders for City of Federal Way. Equity tools can be in forms of best practice check lists/worksheets to assistance updating current policies/procedures/practices to increase equitable outcomes for all. Equity tools are working documents and should be adjusted to best serve changing demographics with community input. *Complexity depends on staff/community need. Diversity Commission 12023 Work Plan I Page 2 of 4 City of Federal Way Diversity Commission Equity processes will ensure community members historically negatively impacted by current/past city actions to be actively engaged early in the decision -making process to prevent harmful impacts. On -going Commission Responsibilities and Objectives Serving as advisory group to City Government and staff. The Diversity Commission will: a) Present at least twice/year at City Council meetings community needs (i.e. education, community safety, social services, etc.) and collaborate to promote D.E.I.A. for all community members. b) Partner with other commissions, community organizations/members to increase civic engagement to promote inclusion and equity. c) Provide Public Forums: Actively participate in community outreach/engagement with communities that have been historically marginalized/vulnerable communities and/or experiencing most barriers to City services/programs. (i.e. Seniors, disabled, Veterans, Limited English Proficient, Homeless, etc.) 2023 Annual Diversity Commission Projects/Investments (' Projects may alter due to community needs.) - Sponsor/host City of Federal Way annual Dr. Martin Luther King Celebration. - Commissioners will participate in/share professional development opportunities to support City growth and innovation. - Analyze budget with equity lens to support community events as needed. - Participate with City Comprehensive Plan creation to promote D.E. LA for all community members and stakeholders. Subcommittees The Diversity Commission shall create subcommittees to carryout shared commitments that are community driven and sponsored by City of Federal Way City Code 2.65. Subcommittees may be either ad hoc or ongoing. Diversity Commission 12023 Work Plan I Page 3 of 4 Project Community Listening Sessions Present to City Council Equity Tool Co - creation with City Staff (with Community data) Create culturally significant community events Establish a community calendar Roger Freeman Memorial Scholarship City of Federal Way Diversity Commission 2023 Estimated Timeline* Summary/Objectives Research diverse communities/community organizations historically absent from City policy decision equation. Share with City Council/City Committees community findings with Staff support Co -create equity process tool for departments as needed and maintain communication with community to monitor for changes needed. Create and support events to showcase the diversity of Federal Way such as the MLK Celebration, the food drive, the book drive, the Community Festival, the Roger Freeman Award, etc. Create a public -facing calendar to highlight all community events Honor Representative Roger Freeman Legacy of: Justice, Integrity, Compassion and Diversity with scholarship awards to students in City limits. Commission When Status Task Hold community On - forums to gather going all information. year -organize data for May City Council 2023 -Collaborate with and City Council and October staff to remedy 2023 community need -Keep community On- & staff connected going all for continuous year improvement Ongoing -As required depending on 2023- event 2024 Determine the Ongoing best method to 2023- create this 2024 -Advertise Sept. scholarship 2023 to opportunity Dec. -Update Scoring 2023 Metrics/application -Score final applicants and present final awards *Keeping in mind events are community driven and may change per community need. Source: City of Federal Way Chapter 2.65 Diversity Commission 12023 Work Plan I Page 4 of 4 COUNCIL MEETING DATE: April 18, 2023 ITEM #: 7h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FISCAL YEAR 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM — GRANT AWARD ACCEPTANCE MOU POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department, enter into an MOU Agreement to accept Edward Byrne Memorial Justice Assistance Grant (JAG) funds for FY 2022? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE — (PRHS&PSC) April 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. Staff Report JAG FY 2022 — Award Acceptance 2. FY2022 JAG MOU — Award Acceptance 3. FY2022 Justice Assistance Grant Program Award # 15PBJA-22-GG-02095-JAGX 4. Copy of Local JAG Budget Detail Worksheet — 2022 JAG 5. Approved FY2022 JAG Application MOU and Program Narrative Options Considered: 1. Approve the FY 2022 JAG Grant Award Acceptance MOU and funds 2. Reject the FY 2022 JAG Grant Award Acceptance MOU and funds MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: DIRECTOR APPROVAL: f 41si0 3 lnidaffD= COMMITTEE RECOMMENDATION: "I move to forward the proposed Fiscal Year 2022 JAG Grant Award Acceptance MOU and funds for to the April 18, 2023, consent agenda for approval. " ` Committee Nleiiiber Committee Member PAVOSED COUNCIL MOTION: "I move approval of the proposed Fiscal Year 2022 JAG Grant Award .4cc eptance MOU and funds, and authorize the Mayor to execute 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— I1/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 11, 2023 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program — Grant Award Acceptance MOU Financial Impacts: The FWPD has been allocated a project award of $38,387 by the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, the primary provider of federal criminal justice funding to state and local jurisdictions. Acceptance of the grant requires no matching funds and there will be minimal impact to City funds by accepting the grant. Sales tax may not be covered by the grant and any payment of such will be absorbed by the police department's operating budget. Background The attached MOU is an agreement with the City of Seattle to formally accept the award of FY 2022 grant funds under the JAG Program and receive the project award of $38,387 consistent with the City's application and the terms of the JAG Program. The City of Seattle is the Fiscal Agent, and submitted the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Federal Way will be a subrecipient of these funds under this agreement. 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. 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. During the performance period, the FWPD will use grant funds to purchase equipment utilized by the Federal Way Police Bomb Disposal Unit (BDU) for the removal and disposal of explosives. Per the grant application, the purchase involves disruption tools and other protective equipment to disarm and dispose of incendiary devices to ensure the safety of bomb personnel and the public. In addition, grant funds will be used to upgrade the Avigilon Safe City CCTV security camera system by supplementing existing camera hardware and software, and addressing necessary improvements to safety and security of our personnel, operations, and property in and around the Property/Evidence facility. Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2022 Local Solicitation Executed by City of Seattle Department Authorized Representative: Kathryn Finau 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, UEI YCXHVULLN4C5, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8th Ave S Federal Way, WA 98003-6325 23-00255 Federal Way FY22 JAG MOU Contract Page 1 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way City of Seattle Jim Ferrell, Mayor Brian Maxey, Chief Operating Officer Seattle Police Department Date: Date: 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 $829,956 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 13 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application; 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 8, 2022 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of justice Assistance has awarded $829,956 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: 23-00255 Federal Way FY22 JAG MOU Contract Page 2 of 7 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, 2025, 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 Edward Byrne Memorial Justice Assistance Grant (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. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2022 Justice Assistance Grant Program Award #15PBJA-22-GG-02095-JAGX. 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. 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 2022 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. 23-00255 Federal Way FY22 JAG MOU Contract Page 3 of 7 S. 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 2020 award from the Office of Justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non -Federal entities that expend $750,000 or more in one fiscal year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133- Audits of States, Local Governments, and non -Profit Organizations. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass -through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. 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: Kathryn Finau, JAG Program Manager Seattle Police Department 23-00255 Federal Way FY22 JAG MOU Contract Page 4 of 7 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-233-3722 Kathryn.finau3@seattle.gov 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. The work shall, at all times, be subject to the City's general review and approval. The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. 23-00255 Federal Way FY22 JAG MOU Contract Page 5 of 7 ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $38,387. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov. 2. Manner of Payment 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 Submit Documentation to Fiscal Accounts Payable Kathryn Finau, JAG Program Manager Seattle Police Department Seattle Police Department 610 Sth Avenue 610 Sth Avenue PO Box 34986 PO Box 34986 Seattle, WA 98124-4986 Seattle, WA 98124-4986 SPDAP@seattle.gov 206-233-3722 Kathryn.finau3@seattle.gov 23-00255 Federal Way FY22 JAG MOU Contract Page 6 of 7 ARTICLE VI. COOPERATION 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 and 70 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. 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. 23-00255 Federal Way FY22 JAG MOU Contract Page 7 of 7 11/3/22, 2:17 PM Funded Award Award Letter September 26, 2022 Dear Melissa Cordeiro, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by SEATTLE, CITY OF for an award under the funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation. The approved award amount is $829,956. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General https://justgrants.usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW*/!TABTH READ ?pyActivity=%40basec!ass.pzProc... 1124 11/3/22, 2:17 PM Funded Award Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of justice Programs (OJP), U.S. Department of justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegaIOverview/CiviIRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the juvenile justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. https://justgrants.usdoj.gov/prweb/PkAuth/app/JGITS_/3yZ6Bxxi_IpD ExT0T4XnAjzjAXrnVNevW'/!TABTH READ 1?pyActivity=%40basec1ass.pzProc... 2/24 11/3/22, 2:17 PM Funded Award Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see NEPA Coordinator First Name Middle Name Last Name Orbin Terry �,, Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 4w Recipient Information Recipient Name SEATTLE, CITY OF UEI RGj5CPK2YHK1 https://justg rants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW */!TABTH READ1?pyActivity=%40baseclass.pzProc... 3/24 1113/22, 2:17 PM Street 1 610 5TH AVE City SEATTLE Zip/Postal Code 98104 County/Parish Award Details Federal Award Date 9/26/22 Award Number 15PBJA-22-GG-02095 JAGX Federal Award Amount $829,956.00 Funded Award Street 2 State/U.S. Territory Washington Country United States Province Award Type Initial Supplement Number 00 Funding Instrument Type Grant Assistance Listing Number Assistance Listings Program Title 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) I have read and understand the information presented in this section of the Federal Award Instrument. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW'/!TABTHREAD 1?pyActivity=%40baseclass. pzProc... 4/24 11/3/22, 2:17 PM Funded Award v Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation Application Number GRANT13673540 Awarding Agency of P Program Office BJA Grant Manager Name Phone Number Jeffrey Felten -Green 202-514-8874 E-mail Address Jeffrey.Felten-Green@usdoj.gov Project Title City of Seattle Joint Application for FY2022 JAG Funds Performance. Period Start Date 10/01 /2021 Budget Period Start Date 10/01 /2021 Project Description Performance Period End Date 09/30/2025 Budget Period End Date 09/30/2025 The Edward Byrne Memorial justice Assistance Grant (JAG) Program allows units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice or civil proceedings, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); 8) mental health programs and related law enforcement and https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW*/!TABTH READ 1?pyActivity=%40basec1ass.pzProc... 5/24 11 /3/22, 2:17 PM Funded Award corrections programs, including behavioral programs and crisis intervention teams; and 9) implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to: mental health courts; drug courts; veterans courts; I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. I have read and understand the information presented in this section of the Federal Award Instrument. ,,,, Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 9Q1 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. W https://justgrants.usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTH READ1?pyActivity=%40basec1ass.pzProc... 6/24 11/3/22, 2:17 PM Funded Award Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. M3 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-1 30). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. M4 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding- principles-grantees-and-subgrantees. h ttps://j u stg rants. usdoj.gov/prweb/PRAuth/app/J G ITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTH READ 1?pyActivity=%40baseclass. pzProc... 7/24 11/3/22, 2:17 PM Im5 Funded Award Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider "OjP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 'n6 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 'Q7 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts https://justgrants.usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW`/!TABTH READ 1?pyActivity=%40baseclass. pzProc... 8/24 11/3/22, 2:17 PM Funded Award all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. M$ Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. M9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 'Q10 https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpD ExTOT4XnAjzjAXmVNevW"/!TABTHREAD 1?pyActivity=%40baseclass. pzProc... 9/24 11/3122, 2:17 PM Funded Award Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 'Q11 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 'Q12 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 'Q13 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 'Q14 Requirements related to "de minimis" indirect cost rate https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmV NevW'/!TABTHREAD 1?pyActivity=%40basec1as8.pzPro... 10/24 11/3/22, 2:17 PM Funded Award A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. M15 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. M16 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient -must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. M17 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD1?pyActivity=%40baseclass.pzProc... 11 /24 11/3/22. 2:17 PM IM18 Funded Award Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 'D19 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee list. 'Q20 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD 1?pyActivity=%40baseclass.pzPro_ 12/24 11/3/22, 2:17 PM Funded Award To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e- verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E- Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. M21 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD 1?pyActivity=%40baseclass.pzPro... 13/24 11 /3/22, 2:17 PM Funded Award investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. M22 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control https://justgrants. usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_lpD ExTOT4XnAjzjAXmVNevW'/!TABTH READ 1?pyActivity=%40baseclass.pzPro... 14/24 11/3/22, 2:17 PM Funded Award and Law Enforcement.% The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 'Q23 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 'Q24 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). M25 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) https://justgrants.usdoj.gov/prweb/PRAuth/a pp/JG ITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW`/!TABTH READ 1?pyActivity=%40basec1ass.pzPro... 15/24 11/3/22, 2:17 PM Funded Award Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 'Q26 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post - award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. M27 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 'Q28 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzPro... 16124 11/3/22, 2:17 PM Funded Award award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. M29 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 'Q31 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpD ExTOT4XnAjzjAXmVNevW`/!TABTH READ 1 ?pyActivity=%40baseclass.pzPro. _. 17/24 11 /3/22, 2:17 PM Funded Award $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). M32 The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). M33 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. M34 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 9Q35 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp—grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 'Q36 Avoidance of duplication of networks https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!TABTH READ 1?pyActivity=%40basec1ass.pzPro... 18/24 11/3/22, 2:17 PM Funded Award To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 'Q37 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d), The recipient may not satisfy such a fine with federal funds. 'ff�38 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. M39 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. M40 The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs. M41 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 'Q42 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task https://justgrants.usdoj.gov/prwebIPRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzPro... 19/24 11/3/22, 2:17 PM Funded Award force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 'Q43 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 'Q44 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. M45 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; https://justgrants.usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW*/!TABTH RFAD1?pyActivity=0/a40baseclass.pzPro... 20/24 11/3/22, 2:17 PM Funded Award b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 'Q46 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG https://justgrants.usdoj.gov/prweb/PRAuth/a pp/J G ITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmV NevW `/!TABTHREAD 1?pyActivity=%40baseclass. pzPro... 21124 11/3/22, 2:17 PM Funded Award requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports Iyk,y�_o-� ,Fr kIi,koA Al nrllir mn,, r—i ilf ire tho froo�ir�n off, ir�A, or 4 f. *i iro Wink Dicli rlo ;in inn 48 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 9M49 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. IM5.0 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2021 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2021), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Load more I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance https://justgrants.usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTH READ1?pyActivity=%40basec1ass.pzPro... 22/24 11/3/22, 2:17 PM Funded Award Declaration and Certification to the U.S. Department of justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Deputy Assistant Attorney General Name of Approving Official Signed Date And Time Maureen Henneberg 9/19/22 4:34 PM Authorized Representative Entity Acceptance Title of Authorized Entity Official https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD 1 ?pyActivity=%40baseclass. pzPro... 23/24 11 /3/22, 2:17 PM (;rnntc S2. rnntrnrtc 1 Init KAon�ffar Funded Award Signed Date And Time https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW`/!TABTHREAD1?pyActivity=%40baseclass.pzPro... 24/24 Federal Way JAG Budget Worksheet A. Personnel Name/Position Computation Hrly Rate Hours Cost -Auto Compute $0 $0 $0 $0 TOTAL: $0 B. Fringe Benefits Name/Position Computation Cost -Auto Compute $0 $0 $0 $0 TOTAL: $0 C. Travel/Trainin;= Name of Training Location 171TEM Computation staff x ITEM $ 1 Icost ITEM will be airfare, lodging, car rental, I I I I I A rates) registration x number TOTAL: $0.00 Federal Way JAG Budget Worksheet SafeCity Security Camera Hardware/Softwari Estimate $33,387.00 TOTAL: $38,38'7 TOTAL: $0 00 GRAND TOTAL: $38,387 Memorandum of Understanding FY 2022 Edward Byrne Memorial Justice Assistance Grant July 5, 2022 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2022 Edward Byrne Memorial Justice Assistance Grant. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn ■ City of Bellevue • City of Burien • Des Moines • City of Federal Way • City of Kent ■ King County • City of Renton • City of SeaTac • City of Seattle • City of Shoreline • City of Kirkland ■ City of Tukwila 11. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3.7% administrative fee for these services. Page 1 of 3 The allocation of funding is as follows: PROPOSED FINAL ALLOCATIONS Base Allocation PROPOSED FINAL before 3.7% Admin Minus 3.7% Grant ALLOCATION AFTER Fee Admin Fee 3.7%ADMIN FEE KING COUNTY 254,813 9,428 245,385 AUBURN CITY 37,648 1,393 36,255 BELLEVUE CITY 19,216 711 18,505 BURIEN CITY 21,498 795 20,703 DES MOINES CITY 10,528 390 10,138 FEDERAL WAY CITY 39,862 1,475 38,387 KENT CITY 48,516 1,795 46,721 RENTON CITY 34,820 1,288 33,532 SEATAC CITY 14,344 5,307 9,037 SEATTLE CITY 311,438 - 335,400 KI RKLAN D 10,937 405 10,532 SHORELINE 10,732 397 10,335 TUKWILA CITY 15,604 577 15,027 $ 829,956 $ 23,962 $ 829,956 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into MOU Contract with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Page 2 of 3 Memorandum of Understanding FY 2022 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: Signature: Name & Title: Date:.�� Must b sign ed by Mayor, City Administrator or Executive Page 3 of 3 Agency: Federal Way Police Department Contact Name: Diane Shines Contact Phone: 253-835-6854 Diane.Shines@cityoffederalway.com FY 2022 JAG Purpose Areas Permissible uses of JAG Funds — In general In general, JAG funds awarded to a unit of local government under the FY 2022 program may be used to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following program areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs Planning, evaluation, and technology improvement programs ■ Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams • Under the JAG Program, units of local government may use award funds for broadband deployment and adoption activities as they relate to criminal justice activities BJA areas of emphasis (Please see full descriptions in 2022 Local Solicitation): BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments and an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation among federal, state, and local law enforcement. BJA encourages each recipient of FY 2022 JAG funds to join federal law enforcement agencies in addressing these challenges: • Combatting Hate Crime, • Promoting Public Trust between Communities and Criminal Justice Agencies, • Reducing Violent Crime, ■ Community Violence Intervention (CVI), • Addressing COVID-19 Criminal Justice Challenges and Sustaining Innovations, and + Crime Analysis and Investigation. Evidence -Based Programs or Practices OJP strongly encourages the use of data and evidence in policymaking and program development for criminal justice, juvenile justice, and crime victim services. OJP is committed to: • improving the quantity and quality of evidence OJP generates, • integrating evidence into program, practice, and policy decisions within OJP and the field, and • improving the translation of evidence into practice. Project Name: 1)Purchase bomb disposal equipment: • Hydro Jett Disruptor • Percussion Actuated Non -Electric (Disposal tool) • Pan Disruptor Stand Surefire Starter —electronic initiator • Ear Protection 2) Property Evidence Facility Safe City security camera upgrade Project Cost: $38,387 1) $5,000 2) $33,387 3.7% Admin Fee (Seattle PD) $1,475 Total Allocation: $39,862 Description of the Issue: Identify the unit of local government's strategy/funding priorities for the FY 2022 JAG funds, the subgrant award process (if applicable, including disparate) and timeline, any progress or challenges, and a description of the programs to be funded over the 4-year grant period. The Federal Way Police Bomb Disposal Unit (BDU) is responsible for coordinating the removal and disposal of explosives. JAG funds will be used to purchase disruption tools and other protective equipment to disarm and dispose of incendiary devices to ensure the safety of bomb personnel and the public. JAG funds will be dedicated to upgrade and enhance the Safe City CCTV/security camera hardware/software systems and in and around the Property Evidence facility. Project Design and Implementation: Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan. It should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with state and related justice funds. All projects presented on behalf of the Federal Way Police Department will require interdepartmental coordination within the City of Federal Way and associated vendors to procure and/or install equipment. Statement of the Problem: Identify the unit of local government's strategy/funding priorities for the FY 2022 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. Competing priorities and operational need has strained the Federal Way Police annual budget making it difficult to replace or enhance department programs. While we continue to explore all opportunities to identify and utilize available funds, the FY2022 JAG grant enables the Federal Way Police to readily equip officers with necessary safety equipment, and to advance technology initiatives. 2 Capabilities and Competencies: Describe any additional strategic planning/ coordination efforts in which the units of local government participate with other criminal justice entities within the local jurisdiction. The Federal Way Police is engaged in daily coordination with King County LE agencies and Prosecution, collecting and integrating data; producing analysis of gun violence, shots fired, violent gang crime, and geographical crime "hot spots'. This work has also resulted in identifying our most violent offenders, or those most likely to commit crimes in our City, as well as provide data at time of arrest to support collaborative prosecution. Plan for Collecting the Data Required for this Solicitation's Performance Measures: oJP will require each successful applicant to submit specific performance data that show the completed work's results. The performance data directly relate to the objectives previously identified under "Objectives." During regular schedule training, BDU officers conduct inspections to ensure equipment is operational and performance outcomes continue to be achieved at the highest level. All projects on behalf of the Federal Way Police Department will require interdepartmental coordination with the City of Federal Way IT Department to purchase, install and maintain hardware/software for the intended project. BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in -person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. 3 Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft *unless for law enforcement purposes • Luxury items • Real estate ■ Construction projects, other than penal or correctional institutions • Any similar matters Is there anything in your project that could be interpreted as inconsistent with this requirement? No. Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the some purpose Is there anything in your project that could be interpreted as inconsistent with this requirement? No. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. Please use table below for any pending applications: Federal or State Funding Solicitation Name/Project Name/Phone/F-mail for Point of Contact Agency Name at Funding Agency HOW COUNCIL MEETING DATE: April 18, 2023 ITEM #: ................ ,.,_,. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TC-3 LETTER OF INTENT TO AWARD AND INITIATION OF DEVELOPMENT AGREEMENT POLICY QUESTION: Should the City Council authorize the Mayor to execute the Letter of Intent to Award and associated Agreement with OneTrent, and authorize the initiation of development agreement negotiations? COMMITTEE: Land Use & Transportation MEETING DATE: April 3, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other DEPT: CD STAFF REPORT BY: Keith Niven, Director F �� Attachments: 1. Staff Report 2. Draft Letter of Intent to Award & Proposed Agreement Regarding Intent to Award Options Considered: 1. Approve execution of the Letter of Intent to Award and associated Agreement, and approve commencement of development agreement negotiations. 2. Do not execute the Letter and associated Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option I. MAYOR APPROVAL: 3 DIRECTOR APPROVAL: Vol /21 March 23 ��unc initiaVDate COMMITTEE RECOMMENDATION: I move to forward Option I to the April 18, 2023, Business Agenda for approval. ittee Chair Haang Tran, Committee Member Jac K lsh, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute dZy Letter of Intent to Award and associated Agreement with OnrTrent, and authorize initiation of development agreement negotiations. " (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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 3, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven. CD Director SUBJECT: TC-3 Letter of Intent to Award and Initiation of Development Agreement Financial Impacts: There is currently an outstanding debt on the TC-3 properties totaling approximately $4.8M. The preferred developer has offered $10M to acquire the properties. The estimated construction value to the preferred developer's project is approximately $233M. The estimated 1-time construction City -collected sales tax for the proposal is approximately $8.4M. The developer shall pay $30,000 to cover staff costs for the SERA review, plan review and negotiation of the development agreement. Background Information: In February 2022, the City contracted with VIA to work with the City in creating a land use/development plan for the City -owned TC-3 properties. VIA presented their work to the City Council in October 2022. The development plan envisioned: Office: 133,000 square feet Retail/Services: 32,500 square feet Hotel: 126 rooms Residential units: 714 Civic plaza & community building: 10,000 square feet Public parking garage: 430 spaces Over the course of 2022, Community Development staff publicly discussed the draft plan and community aspirations for downtown Federal Way. The draft plan was viewed as achieving many of the goals for downtown including: 1. Creating a sense of place and civic identity for the Federal Way downtown, reflective of the growing, diverse community. 2. Providing a catalyst for mixed -use residential and pedestrian -focused retail. 3. Anchoring the north end of downtown and building a pedestrian -scaled block structure, containing smaller, more active public spaces. 4. Capitalizing on the momentum and timing of recent and imminent public investments. Rev 6/2020 Page 2 Following a presentation to the City Council, the City issued a Request for Proposals (RFP) on November 23, 2022. The RFP set an initial deadline for proposals of February 3, 2023. The City received 6 responsive proposals from: ■ Shea Properties ■ Wood Partners ■ American Capital Group ■ Landmark ■ Intracorp, and ■ One Trent. Staff from the Mayor's Office, Finance, Public Works, Economic Development, and Community Development met to discuss the proposals and identified questions or additional information needed to evaluate the proposals. The proposals were reviewed by the Downtown ad hoc Committee on February 23, 2023. During this review, the top proposals were determined to be Landmark, Intracorp, and One Trent. These 3 firms were invited to an interview with the Downtown ad hoc Committee and staff on March 9, 2023. Following the interviews, the Committee's top recommendation was forwarded to the Mayor for consideration. Mayor's Recommendation Following a review of the proposals, the Mayor recommends execution of the Letter of Intent to Award and associated Agreement, and commencement of development agreement negotiations with OneTrent. CITY OF �Federal Way Mr. Trent Mummery President Trent Development Inc. 166 Roy Street Seattle, WA 98109 Letter of Intent to Award Dear Trent, CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com The City has determined that your proposal for developing the City -owned TC-3 properties best matches the evaluation criteria listed in the City's Request for Proposals ("UP"), namely: ■ Consistency with the City's development plan; ■ Benefit to the City; ■ Experience with comparable projects; ■ Access to development capital; ■ Proposed construction schedule; ■ Team experience; and, ■ Interview with the City's Downtown ad hoc Committee. This Letter of Intent to Award, along with the attached Agreement, fulfills the provisions of Section 3 (From Proposal to Letter of Intent to Award) of the City's RFP. If you have any questions regarding this Letter, please do not hesitate to contact Mr. Keith Niven, Community Development Director, at (253) 835-2612 or keitli.niverUa-cityoffederalwa.com. Congratulations and I look forward to working with your firm to help catalyze the redevelopment of Downtown Federal Way. Sincerely, Jim Ferrell, Mayor AGREEMENT 1 - 3/2023 CITY of CITY HALL Federal Wa 33325 8tt, Avenue South �� Federal Way, WA 98003-6325 (253) 835-7000 www o"ffedere&ey com AGREEMENT REGARDING INTENT TO AWARD This Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Trent Development Inc ("Developer"). The City and Developer (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: DEVELOPER: Trent Mummery 166 Roy Street Seattle, WA 98109 (206) 234-6543 CITY OF FEDERAL WAY: Keith Niven 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2612 Keitli.niven,.c cityoffederalway A. WHEREAS, the City of Federal Way owns parcels 857500-0010, 857500-0020, and 092104-9017, commonly referred to as Town Center 3 ("TC-3"); and B. WHEREAS, on November 23, 2022, the City issued a Request for Proposals ("RFP") to find a developer for the TC-3 properties; and C. WHEREAS, on February 3, 2023, Developer submitted a proposal to develop TC-3; and D. WHEREAS, the Mayor recommended Developer as the preferred developer for TC-3; and E. WHEREAS, Section 3 of the RFP identifies the City would execute a Letter of Intent to Award to the preferred developer; and F. WHEREAS, on April 18, 2023, the City Council authorized the Mayor to execute the Letter of Intent to Award to Developer and initiate the development agreement process; and G. WHEREAS, The City and Developer seek to provide clarity as to their respective obligations upon execution of the Letter of Intent to Award. NOW THEREFORE, the Parties agree as follows: 1. City Obligations a. The City shall provide access to TC-3 at reasonable times for pre -purchase site investigations by Developer and their agents. b. The City shall be responsible for the demolition of the old Target building on the TC-3 property and stabilization of the property including covering of exposed soils. 2. Developer Obligations AGREEMENT - 2 - 3/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com a. Any disturbance of the property as a result of pre -purchase site investigations shall be promptly restored by Developer. b. Any construction activities (e.g., excavations, boring work, etc.) shall not interfere with ongoing operations of the PAEC. c. Within 15 days of receiving the executed Letter of Intent to Award, Developer shall pay the City $30,000 to cover staffing costs related to the development agreement, development plan, and purchase agreements. 3. Joint Obligations a. Negotiation of the development agreement shall promptly commence following execution of the Letter of Intent. b. The Parties shall work cooperatively to achieve the intended outcome of the RFP. c. The Parties shall negotiate in good faith and make a concerted effort to present a draft development agreement to the City Council in 2023 for approval. AGREEMENT - 3 - 3/2023 CITY of VM. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: DEVELOPER: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2023. Notary's signature Notary's printed name Notary Public in and for the State of Washington, My commission expires AGREEMENT - 4 - 3/2023 i� COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REPAIR OF OPTICOM PRE-EMPTION SYSTEM POLICY QUESTION: Should the City Council authorize repairs to the Opticom Pre-Emption System? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EJ Walsh, PE Public Works DireGto Attachments: 1. Memo dated April 18, 2023. DEPT: Public Works Options Considered: 1. Authorize staff to have repairs to the Opticom Pre-Emption System completed. 2. Do not authorize staff to have repairs completed an provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A r y t1 DIRECTOR APPROVAL: -e-0 ` )1 t hjrL3 Committee inns lnitiaDDate Initial/Date Guhn1; l7ute COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to have repairs to the Opticom Pre-Emption System completed. " (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: April 18, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public works Director �j SUBJECT: Repair of Opticom Pre Emption System /' FINANCIAL IMPACTS: The estimated cost to repair the Opticom Pre-Emption System is $85,000. If Council approves, commencement of securing replacement parts for failed components will begin immediately and be installed as soon as replacement parts are available. The budget would be updated to reflect the repair costs as part of the next budget amendment. BACKGROUND: Opticom Pre-Emption Systems are installed at intersections with traffic signals throughout the City and allows emergency vehicles with registered transmitters, including fire trucks, ambulances, police vehicles, and snow plows to pre-empt the signal timing. This turns the signal green only in the direction of travel of the emergency vehicle and holds all other directions of traffic. By proactively changing the signal to allow emergency vehicles to have priority, it clears vehicles that may be waiting at the signal in front of the emergency vehicle and allows the emergency vehicle to continue through the intersection at speed. This serves to decrease response times of first responders to emergencies while increasing the overall safety of the traveling public by reducing conflict points. The system will not pre-empt a pedestrian crossing call. The majority of the Opticom Pre-Emption Equipment city wide is from the late 1990s and other than cleaning of sensors and changing of signal activation bulbs has not had components replaced or upgraded. There are several key intersections along Pacific Highway, 3201h, 348", and ls` Avenue that have components that have failed. After discussion with the Mayor and Fire Department it was identified that these repairs are something that needs to be prioritized to maintain public safety. an COUNCIL MEETING DATE: April 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: YOUTH COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Youth Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Youth Commission is comprised of twelve voting and three alternate members who are appointed by the City Council to serve two-year terms (per FWRC 2.60.040). Members may include freshman through seniors who attend high school within the city limits, attend a high school that is part of the Federal Way School District (FWSD), or reside within the city limits. There is one vacant voting and three vacant alternate positions due to term expirations. The City Clerk's Office has one remaining applicant on file (Winston Nguyen) who was unable to attend the April 4 commission interviews and was interviewed at their April 18, 2023 Special Meeting. Options Considered: 1. Appoint Winston Nguyen to the Youth Commission as a voting member for a term to expire August 31, 2025. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: qHwlb Committee Council mtiailDate Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move to appoint Winston Nguyen to the Youth Commission as a voting member for a term to expire August 31, 2025. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFdCE� COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 11T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION #