PRHSPSC PKT 09-14-2010City of Federal. Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
September 14, 2010 City Hall
5:30 p.m. Hylebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: August 10, 2010
B. Proposed. S 332nd Street Alignment,
Detention. Pond. Location and Relocated
Celebration Park Driveway.
C. 2011/2012 Human Services Commission.
Funding. Public Services Recommendations
and 2011 CDBG Capital. Funding
Recommendations
D. Purchase of BearCat Armored Vehicle for.
Valley Swat with $22,400 in VNET State
Seizure Funds
E. Valley Special Weapons and Tactics. Team
Action
Presenter Page
or Info
3
Action
Miller
Action
7
Hynden 13
Action
Hwang
Hwang
F. Criminal Code Update — Lewd Conduct Hwang
Action
37
Action
41
57 Action
G. T -Mobile Site Lease Renewal - Lakota. Park.: Pearsall 63 Action
H. 2011-2012 Budget Process. Wilson N/A Discussion
5. PENDING ITEMS
• Festivals
• NLC Providing Discount Pharmacy Services to Citizens
• Concept of Housing in South. King County
6. NEXT MEETING: Tuesday, October 12, 2010 5:30pm — Hylebos Conference Room,
7. ADJOURNMENT
Council
Date
N/A
Consent
9/21/10
Council
Business
9/21/10
Consent
9/21/10
Consent
9/21/10
Ordinance
First Reading
9/21/10
Consent
9/21/10
N/A
Committee Members City Staff
Jeanne Burbidge, Chair Cary M. Roe, P, E, Director of Parks, Public Works and Emergency Management
Roger Freeman MaryJaenicke, Administrative Assistant 11
Mike Park
City of Federal Way
City Council
_PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, August 10, 2010
5:30 p.m.
SUMMARY
Committee Members in Attendance: Committee Chair Jeanne Burbidge, Councilmember Roger Freeman and
Councilmember Michael Park
Councilmember's in Attendance: Mayor Linda Kochmar
Staff Members in Attendance: Brian Wilson,.City Manager/Police Chief, Amy Jo Pearsall, City Attorney, Stan
McCall Acting Assistant Chief of Police, Cary Roe, Director of Parks, Public Works & Emergency Management,
Tho Kraus, Director of Finance, Judge Dave Larson, Judge Rebecca Robertson, Susanne White, Court
Administrator, Linda Farmer, Communications and Governmental Affairs Manager, Rob Ettinger, Dumas Bay
Centre Coordinator and Mary Jaenicke, Administrative Assistant Il.
Guest: Jim Thorbum, Seattle DOC Work Crew Program Manager
Chair Burbidge called the meeting to order at 5:34p.m
Public Comment: Susan Honda is on the board of the Ridge Homeowner's Association. She stated that recently
there was a very large event at the King County Aquatic Center. Approximately 300-500 cars were parked all over
the neighborhood. She called the police, and when they arrived she was told that they were unable to write tickets
because the streets are private property. She would like to have "No Parking" signs added to the streets in the
neighborhood. City Manager/Police Chief Wilson stated that typically they cannot write tickets on private property.
He said that he would review this with the traffic police to see what they can post legally. Commander McCall stated
that preliminary discussions have taken place with King County Aquatic staff, and they stated that the event was
much larger than they anticipated. City Manager/Police Chief Wilson stated that they will be working with the
Aquatic Center for the 2012 Diving event, to ensure that the parking issues are taken care of He also thanked Ms.
Honda for bringing in pictures of the illegally parked cars_
Fred Konkell: Stated that his comments are his own thoughts and not a reflection of the Parks Commission. He spoke
regarding the budget cuts. He is against the Public Works and Parks & Recreation Departments merging. He stated
it is a bad idea, and there will be a decline in the level of service that the Parks & Recreation has. He also stated that
the Parks & Recreation department will get lost when it merges with Public Works.
Commission Comments: None
APPROVAL OF SUMMARY
Councilmember Freeman moved to approve the June meeting summary. Councilmember Park seconded.
Motion passed.
BUSINESS ITEMS
Negotiation of a Contract for Marketing/Communications for Dumas Bay Centre
Ms. Farmer and Mr. Ettinger presented the background information. In an effort to increase rental income and
improve visibility of the Dumas Bay Centre (DBC), the City of Federal Way budgeted $70,000 for a marketing and
communications plan. This idea got its start from a Town Hall meeting that was held at DBC. Approximately 30
people attended this meeting. They would like to amend the scope of work, and bring back that group for another
public ideas session. Request for Proposals were sent out, and 13 firms submitted. Five companies were selected for
interviews. Mr. Ettinger stated that they expect to secure one to two additional anchor clients, increase the day rental
revenue by up to 10%, increase revenue from overnight stays by 10%, and add 10-20 additional social events per
calendar year. Some of the marketing plans include revamping the entire website, creating a traveling tabletop
display, a new logo, a cookbook, and brochures. The five firms scored well in the main selection criteria, but Cipalla
Communications is a firm that is familiar with Federal Way, and has successfully completed multiple contracts for
the City. They also added items to the proposal that were not asked for. Cipalla is currently doing the Marketing
Plan for the Federal Way Community Center. The funds for the marketing plan came from Parks savings. Mayor
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday August 10, 2010 Summary
Page 2
Kochmar would like to have a quarterly report on how successful the marketing and communications plan is.
Councilmember Park stated that the price was part of the evaluation criteria, and that the scoring varied. He would
like to know the dollar amount that each company submitted. Ms. Farmer stated that she would provide him with
that data. Mr. Ettinger provided Councilmember Park information regarding how much additional revenues would
be brought in by achieving their marketing goals. Ms. Farmer stated that their goal is to receive a return on the
investment within two years. The printed materials will be designed to last for five years. City Manager/Police
Chief Wilson commented that with the reorganization of staff, there have been tremendous strides, and the financials
are better than they ever have been. He also commented that the grounds look better than they have, and it is our
own Park Maintenance staff that is taking care of the grounds. Councilmember Park moved to approve
negotiation of an agreement with Cipalla Communications not to exceed $70,000 to produce a
communications plan and marketing materials for Dumas Bay Centre. City Attorney Pearsall clarified that
staff is asking for approval of negotiating a contract, but is also asking for the execution of the contract, and that
is not clear in the original motion. She suggested that additional language be added to the motion. The motion
was changed to approve negotiation and execution of an agreement with Cipalla Communications not to
exceed $70,000 to produce a communications plan and marketing materials for Dumas Bay Centre. Council
member Freeman seconded. Motion passed. The proposed Council motion was also changed to authorize the
City Manager to negotiate and execute an agreement.
Agreement for Work Crew Services
Judge Larson stated that this is another opportunity to add alternatives to jai) sentences. The work crew is something
that the City has been discussing for years. The issues that got in the way were logistics and expenses, and liability.
Ms. White stated that the Department of Corrections (DOC) does a fantastic job of running the work crew. Mr.
Thorburn is the supervisor of the work crew, and they work throughout the Seattle area. They are willing to allow
City of Federal Way defendants to participate. Mr. Thorburn stated the program is available seven days a week, and
it has pickup points all throughout King County. Federal Way will be the furthest South location. People that are
sentenced to work crew can start the very next day. The hours of the work crew are 7:30am-3:30pm, and they are
supervised by uniformed DOC Correctional Officers. Ms. White stated that the probation department that the city
contracts with will do the oversight of letting the court know about the completion of the work crew, how they are
doing, and if they don't complete the sentence. They charge a $25 flat fee for the oversight to the defendant. The
defendant will pay $15 a day to be on the work crew. Judge Larson stated that the city is obligated to pay $15 a day
per defendant to the DOC, regardless of whether the defendant pays. Providence will bill the defendant the $15 per
day, and then collects it and reimburses the City. The defendants are screened by the probation department to ensure
that they are physically capable to do the job. The DOC partnerships with six Seattle agencies; the contract is
specific as to where the work is supposed to be performed, and the majority of the work is performed in the City of
Seattle. Mr. Thorbum would like to generate a crew that would be funded through the City of Federal Way, and have
a full crew in Federal Way, but that is not happening at this time. These partnerships are helping paying to have the
work done. If we wanted something like this in Federal Way there would be a fee. The rate at this time is $376 a
day. This pays for the DOC Correctional Officer. Mr. Roe asked if this rate could be adjustable, Mr. Thorburn
answered that he would be opened to discussion down the road to see what they could do. This has primarily been a
Seattle operation, and they are just now beginning to branch out. It will comedown to tools, equipment and supplies
that would need to be available in this area, and would need to have an Officer available. Councilmember Park
moved approval of the Memorandum of Agreement with the Washington State Department of Corrections
(DOC) for Work Crew Services, and forward to the September 7 Council meeting consent agenda.
Councilmember Freeman seconded. Motion passed.
Secure Our Schools (SOS) COPS Grant Application — Information Only
Commander McCall provided the background information. This is a COPS grant application for funding to enhance
the radio systems at the Federal Way Public Schools systems. School Resource Officers work at the Federal Way
High schools and the communication system that they use to communicate with the school staff is severely lacking.
This grant will allow them to enhance communication. They have applied for the grant, and the grant requires
matching funds from the applicant agency. The plan is to split the matching funds with the School District, City of
Federal Way, and possibly the Greater Federal Way EOC.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday August 10, 2010 Summary
Page 3
Washinaton Association of Sheriffs and Police Chiefs (WASPCI Grant to purchase one Radar/Lidar Device
Commander McCall presented the background information. This WASPC has offered grant funding to purchase a
replacement LIDAR-RADAR device. The funding sources would come from the traffic unit. The cost to replace the
device is $800.45. This is a reimbursement grant, the City of Federal Way would buy the device, and then they
would be reimbursed. Councilmember Freeman moved approval of the request by the Police Department to
use WASPC Grant Money to purchase one replacement laser/radar device for the Traffic Section.
Councilmember Park seconded. Motion passed.
Other Items
Councilmember Park requested that on the Agenda Bill's the staff recommendation and the committee
recommendation have the full recommendation written out, and the date that the item will be forwarded to the Full
Council as a consent item.
Mayor Kochmar stated that a citizen suggested having the Explorer Scouts patrol the BPA trail. Councilmember
Burbidge stated that there would need to be some supervision, and they would need to be clear on what their
responsibility is. City Manager/Police Chief Wilson stated that staff has been working on how to enhance the safety
on the trail. Some of the complaints have been speeding bicycles coming up on people from behind.
Councilmember Burbidge stated that when the City is able to, she would like to add some more of the decorative
street lights out along the street in front of Dumas Bay Centre. It would help with people having to park along the
street, and you could also add banners to enhance the awareness of the Centre, and the events that are going on there.
NEXT MEETING
September 14, 2010 5:30 p.m. in the Hylebos Conference Room
ADJOURNMENT
Meeting adjourned at 6:43 p.m.
5
COUNCIL MEETING DATE: September 21, 2010 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed S 332nd Street Alignment, Detention Pond Location, and Relocated Celebration Park Driveway
POLICY QUESTION: Should the Federal Way City Council approve the proposed location of S 332nd Street and a
detention pond on Celebration Park property, and the relocation of the Celebration Park driveway?
COMMITTEE: Parks/Recreation/Human Services & Public Safety Committee MEETING DATE: Sept. 14, 2010
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ann Dower, Senior EnizineerinQ Plans Reviewer DEPT: Public Works
Attachments: Memorandum to Parks/Recreation/Human Services & Public Safety Committee dated
September 14, 2010.
Options Considered:
1. Approve the proposed alignment of S 332nd Street, the proposed detention pond location, and the proposed
relocation of the Celebration Park driveway.
2. Do not approve the proposed alignment of S 332d Street, the proposed detention pond location, and the
proposed relocation of the Celebration Park driveway, and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option l be forwarded to the September 21, 2010 City Council
Consent Agenda for approval.
CITY MANAGER APPROVAL: .J, I✓.& 9/Oi�.VA) DIRECTOR APPROVAL:
Committee Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward approval of the proposed alignment of S 332nd Street, the
proposed detention pond location, and the proposed relocation of the Celebration Park driveway to the
September 21, 2010 City Council Consent Agenda for approval
Jeanne Burbidge, Chair Mike Park, Member Roger Freemen, Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed alignment of S 332"d Street, the proposed
detention pond location, and the proposed relocation of the Celebration Park driveway for the school district's
Service Center Project. " — for, ✓c,-c4c( 7% -K�Rt 1W0 VK -la
Gc
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/20 10 RESOLUTION t« _.
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 14, 2010
TO: Parks/Recreation/Human Services & Public Safety Committee
VIA: Brian Wilson, City Manager/ Police Chief
FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management OWL
SUBJECT: Proposed S 332rd Street Alignment, Detention Pond Location, and Relocated Celebration Park
BACKGROUND:
The Federal Way Public School District's Service Center project at 1211 S 332nd Street includes a code
requirement to build S 332nd Street and 13`h Avenue S along the property frontage, along with all
necessary utilities. This project will include removal of a portion of the Celebration Park driveway' and
relocation of the Celebration Park's south driveway. S 332nd Street is proposed to be built partially within
the current Celebration Park property boundary to allow proper alignment with existing city streets. The
school district is also proposing a new detention pond located in the southwest corner of Celebration Park
to detain runoff from S 332nd Street. Staff is seeking PRHSPSC Committee approval of the location of
S 332nd Street, the detention pond, and the driveway. Please see attached plans.
`There are several reasons the detention pond is proposed to be located within the park:
• It follows the natural topography and drainage patterns of the area.
• It allows Public Works staff easy access to the pond off of S 332nd Street for maintenance.
• A detention pond is preferred over other alternatives, such as an underground vault, due to
maintenance and safety issues.
• The City prefers detention and treatment facilities serving city right-of-way to be located on City
property to avoid access conflicts and other legal issues.
• Currently the subject area is a berm created with excess material from Celebration Park
construction.
• Physical constraints make it infeasible to send storm water runoff from S 332nd Street to existing
ponds at either the Community Center or at Celebration Park.
In addition to constructing the pond, the School District is required to remove the existing park driveway
located between the Federal Way Community Center and 13"' Avenue S. This was anticipated as part of
the original design for Celebration Park, once S 332nd Street was built. The sidewalk within the park will
remain, and the driveway will be relocated to S 332nd Street. It is anticipated that construction of S 332nd
Street and relocation of the driveway will help reduce cut -through traffic in the park, once the street
system in that area is fully developed and 13`h Avenue S is extended to the north.
This information was presented to the Parks Commission on August 5, 2010. There was no opposition to
this proposal. The commissioners were concerned about safety and recommended fencing the storm
water pond.
If approved, the School District intends to construct the street, pond, and driveway in the spring of 2011.
The Public Works Department would then assume maintenance of the pond and street.
Attachments: Map of Existing Celebration Park
Map of Proposed Improvements within Celebration Park
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COUNCIL MEETING DATE: September 21, 2010 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
1 x
SUBJECT: 201#9201) Human Services Commission Funding Public Services Recommendations and 2011
CDBG Capital Funding Recommendation.
POLICY QUESTION:
SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION PUBLIC SERVICES FUNDING
RECOMMENDATIONS FOR 2011/2012 IN ADDITION TO THE 2011 CDBG CAPITAL PROJECT RECOMMENDATIONS?
COMMITTEE: Parks, Recreation, Human Services & Public Safety
MEETING DATE: September 14,
2010
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business Q Resolution ❑ Other
STAFF REPORT BY: Lynnette Hynden, Human Services Division DEPT: Community Development
MnnavPr Services A
Attachments:
• Memorandum to PRHSPS Council Committee Dated September 3, 2010
• Exhibit A: 2010 Human Services Commission Public Services Funding Recommendations and 2011
CDBG Capital Projects Funding Recommendations Spreadsheet for 2011-2012
• Exhibit B: CDBG supporting documentation.
• Exhibit C: Public testimony documents.
Options Considered:
1. Recommend approval of the 2011-12 Human Services Commission Public Services Funding
Recommendations and the 2011 CDBG Capital Projects Funding.
2. Do not recommend approval of the 2011-12 Human Services Commission Funding Recommendations
for either the Public Services Funds or the CDBG Capital Funds.
3. Amend the proposed 2011-12 Human Services Commission Public Services Funding Recommendations
and/or the 2011 CDBG Capital Projects Recommendations.
STAFF RECOMMENDATION: Staff i
Option 1
CITY MANAGER APPROVAL: DIRECTOR APPROVAL: _ I-r—
ttee Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the September 21, 2010 City
Council agenda for approval.
13
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of the Human Services Commission 2011/12 funding
recommendations, effective January 1, 2011 through December 31, 2012 with a total compensation of
$511,607.00 (combining the ongoing General Funds of $430,000.00 and CDBG Public Services dollars), and
authorize the City Manager to sign said agreements. "
(BELOW TO BE COMPLETED BYCITYCLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED Is reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -08/12/2010 RESOLUTION #
14
4k
CITY OF
Federal Way
MEMORANDUM
TO: Parks, Recreation, Human Services & Public Safety Council Committee
FROM: Lynnette Hynden, Human Services Division Manager
VIA: Human Services Commission
DATE: September 3, 2010
RE: Human Services General Fund and CDBG Public Services Grant Funding Allocation Process
BACKGROUND
Every two years the Human Services Commission is charged with the overseeing the competitive process of
allocating both the Human Services General Fund dollars as well as the Community Development Block Grant
dollars. The funding process is complete when the commission makes its funding recommendations to City
Council. This process coincides with the City Of Federal Ways budget process which also occurs every two years.
For the 2011 and 2012 budget years the City Of Federal Way Human Services Commission with the support of the
Human Services Division joined in with 17 other cities throughout King County and used a joint electronic
application. The joint electronic application was available to everyone and technical assistance support was also
readily available to all agencies throughout King County. The agency could choose to apply for funding from one
city or multiple cities depending on their service areas. After the process had closed in April, 2010 the City Of
Federal Way received 79 applications that totaled over 1 million dollars in requests for program funding to serve
Federal Way residents.
It is anticipated that for the 2011 and 2012 budgets the Human Services General Fund budget line item will remain
the same as this current year. Grants totaling $430,000.00 General Fund and $81,606.00 CDBG are to be awarded
to agencies in 2010 for the 2011 and 2012 budget years. The Human Services Commission preliminary awarded
grants totaling $430,000.00 for Human Services General Fund and $81,607.00 for CDBG Public Services. In
addition the Commission weighed in with two contingency plans one for a 10% increase as well as a 10% decrease
in the General Funds.
The Human Services Commission used four strategies as a guideline for categorizing the grant requests. These
strategies were adopted by the City Council when they approved the Housing and Human Services Consolidated
Plan. Strategy I: Support Basic Human Service Needs through Funding of Emergency Services. Strategy II:
Support Programs that Promote Individual and Community Safety throughout Federal Way. Strategy III:
Comprehensive Human Service Network and Address the Service Needs of Special Needs Populations to Fully
Participate in the Community. Strategy IV: Provide a Supportive Environment & Services for Low -Income Families
With Children.
PROCESS
The Human Services Commission members both alternate and voting members were divided up into smaller task
groups associated with each strategy. A lead was chosen to facilitate the group collectively reviewing their
applications and ranking the applications by scoring each application based on its own merits and information
contained in the application itself. A consensus from the team was not the focus but rather a vigorous discussion on
15
questions or concerns each member had after reading the application. Outlier scores were asked to be examined
and discussed but members were not asked to bend towards consensus.
The applications were scored based on the same standards regardless of the strategy. The individual scores were
added together and then averaged. Applications were then sorted on the excel spreadsheets from the highest
score to the lowest score. Each strategy had the applications broken down to acceptable applications above the
mid point of the scoring and those below. For the most part the applications were well written but the threshold point
was between 90 and 89 percentile per strategy. It was more highly likely an agency would be funded if it fell above
the 90 percentile than below using the rating tool standard.
The funds were distributed as follows: The line item fund of $430,000 was divided among the four strategies.
Strategy 1: 40%; Strategy If: 15%; Strategy 111: 30% and Strategy 1V 15%. The attached excel spreadsheets will
have a corresponding column that is labeled "Proposed Funding." This dollar amount represents the percentage of
the total funds to be allocated. Contingency Plan 1 is assuming the line item budget is increased by 10%. The
Contingency Plan 2 assumes that the line item would be decreased by 10%.
Community Development Block Grant (CDBG) program dollars are automatically awarded to the same agencies at
the same 2010 budget level. Two agencies will need to continue to have both CDBG and HSGF dollars as in the
past; however, we have submitted a request for a waiver due to hardship and the down turn in the economy. While
we are hopeful that we might achieve a waiver from HUD we cannot confirm and/or assume. Therefore, the mixed
funding is required for the two agencies.
FINALIZING FUNDING RECOMMENDATIONS
The attached excel spreadsheets represents the dollar amount assigned to each agency. Funding was also
determined based on factors such as: Agencies ability to demonstrate how their program fits within the City's
Strategies. The internal capacity of the agency and how they can effectively manage the program and the funds is a
significant consideration. The location of the services being provided and access for the Federal Way resident is
essential. While an agency can be located outside of Federal Way their explanation on how they will serve the FW
resident has to be reasonable. Consideration should be given to agencies that are not duplicating services but
collaborating with other like agencies in which to leverage their services, resources and funds. Finally, can the
agency sustain the program and outcomes in the foreseeable future?
It is a very difficult process to read the applications for funding requests and rate their ability by their story and then
award funding to an agency when funds aren't flowing generously. However, we are in a situation with today's
economy that more residents need assistance and more agencies need additional revenue sources in which to
sustain their programs. Having over one -million dollars in requests for a budget of $430,000.00 is extremely
difficult. Not all agencies can be funded at a level which balances the grant with the administrative overhead. At
some point a breaking point will occur where the actual dollar of the grant is weakened by the administrative
overhead. As such you will see that with very few exceptions, suggested funding levels are at a minimum of
$5,000.00.
The next step in this process was for the entire Commission to join together and agree to preliminary
recommendations for funding. This occurred in July 2010. The recommendations will then follow a public process
and to begin with agencies were notified of the preliminary suggested award and invited to speak at a public hearing
at which time the Commission can then take into consideration the public's comments and make necessary
changes to their recommendations.
August 30, 2010 a Public Hearing was held and several agency representatives were present and spoke to their
concerns or shared their support of the Commission's recommendations. There were a slight few changes and the
final funding recommendations are attached.
16 _ _
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24
CDBG Capital and Public Services Conditions of Funding — "Attachment B"
2011 Capital Projects
Standard Conditions:
All CDBG projects are subject to the federal environmental review requirements of the
National Environmental Policy Act (NEPA) as of the date of submittal of application. An
environmental review of Federal Way -awarded CDBG projects must be completed by
King County before contracts will be executed. Costs ' of the NEPA review will be
charged to the CDBG project if the project is fundable. Projects that do not pass
environmental review, or projects that require an EIS, or have significant issues such as
soil contamination, will not be funded unless approved by both King County and City
staff.
2. All costs of the environmental review shall be the responsibility of the applicant for any
project not funded.
3. All projects must comply with Community Development Block Grant Program
Regulations (24 CFR Part 570) and applicable King County Consortium policies as
outlined in the most recently adopted King County Consortium Consolidated Housing &
Community Development Plan.
4. All CDBG projects shall comply with all applicable federal, state, and City laws including,
without limitation, all City codes, ordinances, resolutions, standards and policies, as now
exist or hereafter adopted or amended including land use and/or building permit
requirements and processes.
5. For all Federal Way CDBG funded Capital Projects, the Agency will directly contract with
the King County Department of Community and Human Services, Housing and
Community Development (HCD) program for implementation unless otherwise notified.
6. Federal Way CDBG Capital Projects must be completed within 17 months from the
beginning of the program year that funds are awarded for.
7. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended ("URA") and/or Section 104(d) of the Housing and Community Development
Act of 1974, as amended ("Barney Frank Amendment") that are triggered by any project
must be included in the budget. Relocation requirements must be coordinated and
verified with King County Housing and Community Development Relocation Specialist.
8. Applicant must receive written notification from King County HCD staff verifying that
environmental review is complete before any "choice limiting activities" are taken.
Federal Way and King County HCD staff must be notified by the applicant if any
changes are made to the scope of the project since the CDBG application was
submitted.
9. CDBG capital awards over $25,000 are structured as a zero interest forgivable loan for a
set number of years depending on the amount of CDBG funds received and the type of
project. The property owner must be able and willing to secure the change of use
Page 1 of 5
25 __
restriction with a promissory note, deed of trust and any other required documents to the
assigned Project Manager of the King County HCD Staff. All security documents related
to funded capital project activities must be submitted prior to the execution of a contract
between the awarded agency and the County in order to incorporate these documents
into the contractual agreement. Failure to execute security documents to the benefit of
King County in a timely manner will result in the cancellation of CDBG awards.
10. No Federal Way CDBG funds shall be expended until all funding sources necessary for
project completion are secured and documentation proving that funding is secured, such
as a preliminary funding letter, is provided to City Staff and King County HCD Staff.
11. No Federal Way CDBG funds shall be expended for acquisition projects until approved
verification that appraised value is equal or greater than final purchase price.
12. No Federal Way CDBG funds shall be expended for acquisition projects until review and
approval of title insurance by City has occurred.
13. City staff may require any additional conditions of funding as appropriate to ensure
compliance with federal, state, county, and City local laws, policies, and procedures, and
if necessary to protect the interests of the City of Federal Way in any agreements.
14. All applicants are required to document compliance with the CDBG national objectives
and shall document compliance using a methodology reviewed and approved by King
County. Agencies using the limited clientele methodology, for example, shall verify that a
minimum of their clients are 51% low -moderate -income per official HUD Income
Guidelines and shall maintain documentation of family size and income, using
methodologies accepted by King County.
15. Agencies shall be responsible for compliance with all applicable federal statutes and
regulations. In the event of a federal finding against any agency receiving City of
Federal Way funds, which requires as its resolution repayment of any and all financial
penalties incurred by King County and/or the City of Federal Way. The agency shall be
wholly responsible for repayment of these expenses on a schedule agreeable to the
payee. This requirement also applies to any failure of the agency to document national
objective compliance in accordance with the federal requirements that results in a
federal finding with financial penalties.
16. Any project that is currently under contract with King County with previously awarded
CDBG funds shall be in compliance with all previous contracts prior to receiving new
CDBG funds or adding additional CDBG funds to an existing contract.
17. Any project that is currently under contract with King County may have the final award
amount adjusted by City staff based upon the amount of CDBG funds remaining in the
project's existing CDBG program, per JRC policies.
18. The applicant shall report all CDBG Program Income. Program Income is to be reported
to the County. Program income shall be returned to the County unless the County
specifies that it may be retained by the Agency. If the County authorizes the Agency to
retain the Program Income to continue or benefit a project(s), the Agency shall comply
with all provisions of this Contract in expending the funds.
Page 2 of 5
26 _
Special Conditions:
Emergency Feeding Program:
1. All, none, or any portion of the 2011 CDBG funds for this project may, be apportioned for
the purpose of supplementing the open 2010 CDBG Emergency Feeding Program
Permanent Facility Acquisition project, and/or rehabilitation of a permanent facility once
acquired, as determined by City staff.
2. No funds shall be awarded unless and until a facility to be acquired is approved as
acceptable to King County for this use with acceptable land use and/or conditional land use
permits. The land use and/or conditional land use permits, or any similar permit required for
the proposed use of the property, shall permit the proposed use of the property throughout
the term of the security agreements.
3. $100,000 of the award shall be structured as a forgivable loan (grant). The balance of
the 2011 award for this project shall be structured as a 1 % interest-bearing loan, with
quarterly payments. City Staff will work with King County staff to evaluate and determine
appropriate loan terms that take into account the applicant's financial circumstances.
4. The scope of any rehabilitation activities using CDBG funds shall include all required
SADA accessibility improvements, as acceptable to King County, regardless of the level of
funds awarded through CDBG for the rehabilitation activities.
Hiahline Communitv Colleoe:
1. All clients and/or microenterprise businesses participating in classes and other technical
assistance provided with CDBG funds shall complete the required income certification
forms. All clients and/or microenterprise businesses, including all participants of the ESL
classes or other technical assistance funded through this CDBG award, shall be qualified as
low- and moderate- income per King County and HUD requirements, without exception.
2: Federal Way clients and/or microenterprise businesses shall be given priority attendance
to the exclusion of non -Federal beneficiaries in any classes provided. Non -Federal Way
beneficiaries shall participate in classes only if there is additional capacity in the classes
after Federal Way beneficiaries are given preference. No additional expenses shall be
charged to the award for non -Federal Way beneficiaries.
3. The applicant shall provide an Annual Outcomes Report to City staff and to County HCD
staff no later than March 30, 2011. This report shall include 1) a narrative summarizing what
the outcomes of the program are expected to be and how the applicant's program is leading
to or resulting in those outcomes, 2) information on the number of beneficiaries served by
the program that have successfully started a legally operating business, and 3) an
evaluation of the helpfulness of the ESL program in developing a business based on actual
survey results of participants. The applicant shall collect the necessary information required
to complete this report.
4. The applicant's budget for administration and management costs shall not exceed 20%
of the total award, unless waived in writing by City Staff.
Page 3 of 5
27
2011-2012 Public Service Proiects
Standard Conditions:
1. All CDBG projects are subject to the federal environmental review requirements of the
National Environmental Policy Act (NEPA) as of the date of submittal of application. An
environmental review of Federal Way -awarded CDBG projects must be completed by
King County before contracts will be executed. Costs of the NEPA review will be
charged to the CDBG project. Projects that do not pass environmental review, or
projects that require an EIS, will not be funded and therefore the cost of the
environmental review will be the responsibility of the applicant.
2. All projects must comply with Community Development Block Grant Program
Regulations (24 CFR Part 570) and applicable King County Consortium policies as
outlined in the most recently adopted King County Consortium Consolidated Housing &
Community Development Plan.
3. All CDBG projects shall comply with all applicable federal, state, and City laws including,
without limitation, all City codes, ordinances, resolutions, standards and policies, as now
exist or hereafter adopted or amended including land use and/or building permit
requirements and processes.
4. If funded, service units and units of service may be adjusted based upon the amount of
funding and refinement of the program service and unit costs definitions. A line item
budget will be negotiated with the subrecipient.
5. Awards are contingent upon successful completion of each agency's previous contracts
with Federal Way, if applicable.
6. Awards will be continued once to the following program year for a second year of
funding subject to availability of funds and agency performance in the previous year.
Staff may administratively cease funding agencies that do not meet performance goals
in the first year of funding and not enter into a contract with those agencies for the
second year of funding. The CDBG Contingency Plan will be implemented should
funding increase or decrease for any reason.
7. Agencies receiving CDBG funds for programs that have received funding from the
Human Services General Fund in the past shall receiving funding contingent upon
receiving funding from the Human Services General Fund at that same dollar amount as
they received in previous program years, unless the regulations specifically allow the
CDBG funding without the general fund, or if this requirement is waived by HUD.
8. CDBG Funds awarded shall be used to provide additional units of service above that
provided for the Federal Way Human Services General Fund award, if the General Fund
dollars have been awarded to the program.
9. City staff may require any additional conditions of funding as appropriate to ensure
compliance with federal, state, county, and City local laws, policies, and procedures, and
Page 4 of 5
28
if necessary to protect the interests of the City of Federal Way in any agreements.
10. All projects are required to document compliance with the CDBG national objectives. All
agencies receiving CDBG funds shall document compliance using the methodology
reviewed and approved by King County. Agencies using the limited clientele
methodology, for example, shall verify that a minimum of their clients are 51 % low -
moderate -income per official HUD Income Guidelines and shall maintain documentation
of family size and income, using methodologies accepted by King County.
Page 5 of 5
29
Exhibit C: Public Testimony Documents
Public Hearing Held:
August 30, 2010
5:30p.m. - 8:30 p.m.
City Council Chambers
30
Sign In Sheet For Speakers
Strategy #1 Agencies
(See list above this sheet for Strategy #1 agencies)
Human Services Commission
Public Hearing
Human Services General Fund (HSGF) and CDBG Public Service
August 30, 2010
31
Sign In Sheet For Speakers
Strategy #2 Agencies
(See list above this sheet for Strategy #2 agencies)
Human Services Commission
Public Hearing
Human Services General Fund (HSGF) and CDBG Public Service
August 30, 2010
32 -
Sign In Sheet For Speakers
Strategy #3 Agencies
(See list above this sheet for Strategy #3 agencies)
Human Services Commission
Public Hearing
Human .Services General Fund (HSGF) and CDBG Public Service
August 30, 2010
33
E
J
Sign In Sheet For Speakers
Strategy #4 Agencies
(See list above this sheet for Strategy #4 agencies)
Human Services Commission
Public Hearing
Human Services General Fund (HSGF) and CDBG Public Service
August 30, 2010
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August 30, 2010
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36
COUNCIL MEETING DATE: September 14, 2010 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PURCHASE 1/6"H OF A 2003 LENCO BEARCAT ARMORED VEHICLE FOR VALLEY SWAT WITH
$22,400 IN VNET STATE SEIZURE FUNDS.
POLICY QUESTION: Should the City of Federal Way spend $22,400 of Valley Narcotics Enforcement Team's
State seizure funds to pay 1/6"' the cost of a 2003 Lenco BearCat Armored Vehicle to be used by Valley
SWAT?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: 09/14/10
Council Committee - (PRHS&PS)
CATEGORY:
® Consent
❑ City Council Business
STAFF REPORT BY: Steve
Attachments: PRHS&PS Staff Memo
Options Considered:
❑ Ordinance
❑ Resolution
Commander
❑ Public Hearing
❑ Other
DEPT: Police
1. Approve expenditure of $22,400 in VNET State seizure funds to purchase 1/6`h of a 2003 Lenco BearCat
Armored Vehicle for Valley SWAT.
2. Do not approve the expenditure of $22,400 in VNET State seizure funds to purchase 1/6`" of a 2003
Lenco BearCat Armored Vehicle for Valley SWAT
STAFF RECOMMENDATION: Staff recommends Option #1
CITY MANAGER APPROVAL: •G)' DIRECTOR APPROVAL: L
Committee Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the request to spend $22,400 in VNET State seizure fiends
to purchase 1/6``` of a 2003 Lenco BearCat. Armored. Vehicle for Valley SWAT to the September 21, 2010 City
Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to approve the spending of $22,400 in VNET State seizure funds to
purchase Ile of a 2003 Lenco BearCat Armored Vehicle for Valley SWAT"
37
(BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
IST reading
❑
TABLEWDEFERREDINO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
- 08/12/2010
RESOLUTION #
37
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: August 23, 2010
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager/Chief of Police
FROM: Andy Hwang, Assistant Chief of Police
SUBJECT: Purchase 1/6t' of a 2003 Lenco BearCat Armored Vehicle for Valley SWAT with
$22,400 in VNET State Seizure Funds.
Background
Valley SWAT utilizes armored vehicles during operations. The vehicles are essential to the
success of every mission and are a key piece of equipment that provides SWAT members
ballistic protection. One of the armored vehicles currently used by VSWAT is a 1988 "Peace
Keeper" that was obtained from the military via GSA surplus. Over the years, this vehicle has
served the team well but has required significant mechanical and electrical work to keep it in
operating condition. Most recently, studies of the ballistic armor used in the Peace Keeper have
cast serious doubt on the armors ability to defeat rifle fire. In fact, there are several documented
cases where a wide variety of commercially available rifle ammunition has defeated this type of
vehicle armor.
Due to the continuous expense to keep the Peace Keeper operational and the suspect
effectiveness of the armor, the Executive Board for Valley SWAT has been discussing the need
to replace the Peace Keeper for several years. Recently, the opportunity to replace the Peace
Keeper with an armored vehicle that does meet contemporary operational needs has developed.
In late June of this year, a 2003 Lenco BearCat armored vehicle was put up for sale by the New
York Tactical Officers Association (NYTOA). This vehicle was originally purchased by the Los
Angeles County Sheriff's Office SWAT team who used it until late 2007 at which time they
traded it into Lenco for a new BearCat. Lenco completely refurbished the vehicle, updating it to
current day standards. The vehicle was sold to the New York Tactical Officers Association.
They leased it to a small state of New York law enforcement agency for one year. The agency
did not renew their lease for the BearCat and returned the vehicle to the NYTOA. The NYTOA
put the vehicle up for sale. The vehicle is basically a brand new with only 1,100 miles on it since
it was completely refurbished and updated by the manufacturer. The vehicle currently has only
18,000 total miles on it. The price to purchase the used BearCat is $119,000. This provides a
substantial savings opportunity to the agency that purchases this vehicle instead of buying a new
BearCat, similarly outfitted. The BearCat that Valley SWAT currently owns was purchased in
2007 at a cost of more than $260,000.
At the end of July 2010, the Valley SWAT Executive Board sent a Valley SWAT Commander
and Team Leader to inspect the vehicle. It was professionally inspected by a Ford dealership (it
has a Ford F550 chassis). It was checked for mechanical and electrical problems. The vehicle
38 - -
was found to be in perfect working order. Because of the need for this type of vehicle the Valley
SWAT Executive Board approved the process to acquire this vehicle. These types of vehicles are
rarely offered for resale and this is an exceptional opportunity to replace the non -useable Peace
Keeper at an extraordinary value.
Funding for the purchase of this vehicle is from the Valley Narcotics Enforcement Team (VNET)
seized, and forfeited assets. VNET will be dispersing $22,400 to each of the six participating
agencies of VNET for the purchase of this vehicle. These same agencies are also participating
members of VSWAT. The funds are State seizure funds and are limited in use and must be spent
specifically to enhance local narcotics enforcement. More than 70% of Valley SWAT missions
are directly related to narcotics investigations. The Renton Police Department has already
purchased the Bear Cat with the approval of the Valley SWAT Executive Board and is preparing
to bill each member agency for their $22,400 in VNET State Seizure Fund reimbursement. The
vehicle will be titled and licensed to the City of Renton and will be an asset for all partner cities
of VNET and VSWAT.
Maintenance and Operation costs are already included in the yearly budgets provided by each
agency for Valley SWAT. This BearCat will be replacing the Peace Keeper and should result in
a reduction of maintenance costs due to prior refurbishing and sound mechanical condition.
2
39 ___ _
40
COUNCIL MEETING DATE: September 21, 2010 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: VALLEY SPECIAL WEAPONS AND TACTICS TEAM
POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY/FEDERAL WAY POLICE DEPARTMENT ACCEPT
THE CHANGES MADE TO THE VALLEY SRT CONTRACT?
COMMITTEE: PRHS&PS Committee CHANGES MEETING DATE: Sept. 14, 2010
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Andy J. Hwang DEPT: Police
Attachments:
1. PRHS & PS Committee Memo
2. Valley Special Weapons and Tactics Team (SWAT) Interlocal Agreement
Options Considered:
1. Accept the Changes
2. Reject the Changes
STAFF RECOMMENDATION: 1
CITY MANAGER APPROVAL: J, b , R ° 7 A DIRECTOR APPROVAL: � -
Committee 4 Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the September- 21, 2010
Council Meeting consent agenda for approval -
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of the SWAT Interlocal Agreement, effective August 19,
2010 far a minimum of one (1) year, and authorize Police Chief/City Manager Brian J. Wilson to sign such
Agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL 4
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactmeut reading
❑ tbIOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12r2Q W RESOLUTION p
41
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 14, 2010
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager
FROM: Andy J. Hwang, Assistant Chief
SUBJECT: Interlocal Cooperative Agreement Valley Special Weapons and Tactics Team
Background
The Federal Way Police Department joined the Valley Special Response Team (Valley SRT) in
2001. King County and other municipalities within the Puget Sound area make up the multi -
jurisdictional team know as the Valley SRT.
The team would like to change the current contract to incorporate the following changes:
1. Remove the City of Des Moines as a participating agency
2. Change the team name from Valley Special Response Team (SRT) to
Valley Special Weapons and Tactics Team (SWAT)
3. Update address information on the signature page and remove
City of Des Moines
1 42
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL WEAPONS AND TACTICS
TEAM
I. PARTIES
The parties to this Agreement are the Port of Seattle and the municipalities of Auburn,
Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation
operating under the laws of the State of Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional SWAT Team to
effectively respond to high risk criminal occurrences as described below.
IV. FORMATION
There is hereby created a multi jurisdictional Team to be hereafter known as the
"Valley Special Weapons and Tactics Team" ("VSWAT"), the members of which shall
be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and
Tukwila. The SWAT Team has been in existence for some time, and this Agreement is
being re-entered into in order to remove the City of Des Moines.as a SWAT Team
member. The future admission or elimination of a jurisdiction as a member of the
SWAT Team may be accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to, among other reasons, increased
gang activity; increased drug abuse, distribution, and manufacturing; increased
urbanization; and increased population densities. The ability to safely control, contain,
and resolve high risk criminal incidents such as civil disobedience, barricaded subjects,
hostage situations, gang member arrests, high risk felony arrests, and narcotic or high
risk search warrants has strained the resources of the members' individual police
departments.
VALLEY SWAT TEAM 08-19-2010 43
iNTERLOCAL AGREEMENT Page I
Law enforcement efforts directed at dealing with these high risk criminal incidents have,
for the most part, been conducted by law enforcement agencies working independently.
A multi -jurisdictional effort to handle specific high risk criminal incidents, as well as
incidents involving weapons of mass destruction, results in more effective pooling of
personnel, improved utilization of municipal funds, reduced duplication of equipment,
improved training, development of specialized expertise, and increased
utilization/application of a -combined special response team. This results in improved
services for the citizens of all participating jurisdictions, increased safety for officers
and the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the VSWAT Team. The SWAT Team shall service each
participating jurisdiction. The VSWAT Team may also be available to outside law
enforcement agencies as provided by chapter 10.93 RCW. -
The objective of the VSWAT Team is to respond to specific high risk criminal incidents
in a manner that provides for the effective use of personnel, equipment, funds, and
training. The VSWAT Team shall respond as requested by any of the participating
jurisdictions and provide a coordinated response to high-risk incidents. As special
needs arise, it may be necessary to request from other law enforcement agencies
assistance and/or personnel, at the discretion of the VSWAT Team Incident
Commander and/or the VSWAT Team Tactical Commander.
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its adoption.
This Agreement shall automatically extend for consecutive one (1) year terms without
action of the legislative bodies of the participating jurisdictions, unless and until
terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the VSWAT Team by providing written
notice of its withdrawal, and serving such notice upon each Executive Board member of
the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90)
days after service of the notice on all participating members.
The VSWAT Team may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the Team shall be governed by an Executive Board ("Board"), whose
members are composed of the police chief, or his/her designee, from each participating
jurisdiction. Each member of the Board shall have an equal vote and voice on all
Board decisions. All Board decisions shall be made by a majority vote of the Board
VALLEY SWAT TEAM 08-19-2010 44
INTERLOCAL AGREEMENT Page 2
members, or their designees, appearing at the meeting in which the decision is made.
A majority of Board members, or their designees, must be present at each meeting for
any actions taken to be valid. A presiding officer shall be elected by the Board together
with such other officers as a majority of the Board may decide.
The Board shall meet monthly, unless otherwise determined by the Board. The
presiding officer, or any Board member, may call extra meetings as deemed
appropriate. The presiding officer shall provide no less than forty-eight (48) hours
notice of all meetings to all members of the Board; PROVIDED, however, that in
emergency situations, the presiding officer may conduct a telephonic meeting or a poll
of individual Board members to resolve any issues related to such emergency.
The policies, regulations, and operational procedures in effect pursuant to the previous
interlocal agreement shall be in effect without action of the Board and until such time as
they are subsequently altered by the Board. The VSWAT Team written policies,
regulations, and operational procedures shall apply to all VSWAT Team operations.
Thus, to the extent that the written policies, regulations,_ and operational procedures of
the VSWAT Team conflict with the policies, regulations, and operational procedures of
the individual jurisdictions, the VSWAT Team written policies, regulations, and
procedures shall prevail.
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the VSWAT Team. The Tactical Commander shall operate under
the direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the VSWAT Team responds to,
problems of the VSWAT Team, and any other matter as requested by the Board. The
Tactical Commander may be removed by action of the Board at anytime and for any
reason, with or without cause.
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the VSWAT Team. In addition, the Tactical
Commander shall be responsible for presenting rules, procedures, regulations, and
revisions thereto for Board approval.
Each jurisdiction shall contribute six (6) full-time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
VSWAT Team. Board approval must be obtained for the jurisdiction to assign less than
this staffing requirement. The personnel assigned to the VSWAT Team shall be
considered employees of the contributing jurisdiction. The contributing jurisdiction shall
be solely and exclusively responsible for the compensation and benefits for the
personnel it contributes to the VSWAT Team. All rights, duties, and obligations of the
employer and the employee shall remain with the contributing jurisdiction. Each
jurisdiction shall be responsible for ensuring compliance with all applicable laws with
VALLEY SWAT TEAM 08-19-2010 45
INTERLOCAL AGREEMENT Page 3
regard to employees and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations.
The Board may appoint the finance department of a participating jurisdiction to manage
the finances of the VSWAT Team. Before appointing the finance department of a
particular jurisdiction to manage the finances of the VSWAT Team, the Board shall
consult with the finance department of the jurisdiction and obtain its approval. The duty
of managing the finances of the VSWAT Team shall be rotated to other participating
jurisdictions at the discretion of the Board.
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the VSWAT Team. The legal advisor(s) shall, when
appropriate or when requested by the Board, consult with the legal representatives of
all participating jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
During field activation of the VSWAT Team, an Incident Commander, VSWAT Team
Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The
duties and procedures to be utilized by the Incident Commander, the VSWAT Team
Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth in the
standard operating procedures approved by the Board. The standard operating
procedures approved by the board may designate other personnel to be utilized during
an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating VSWAT
Team members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to
provide for training of its participating VSWAT Team members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the VSWAT Team shall, unless otherwise determined by the Board, be
equal to those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating VSWAT Team members.
The Board must approve any joint capital expenditure for VSWAT Team equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating VSWAT Team members.
VALLEY SWAT TEAM 08-19-2010 46
INTERLOCAL AGREEMENT Page 4
Any assets acquired with joint funds of the VSWAT Team shall be equally divided
among the participating jurisdictions at the asset's fair market value upon termination.
The value -of the assets of the VSWAT Team shall be determined by using commonly
accepted methods of valuation. if two (2) or more participating jurisdictions desire an
asset, the final decision shall be made by arbitration (described below). Any property
not claimed shall be declared surplus by the Board and disposed of pursuant to state
law for the disposition of surplus property. The proceeds from the sale or disposition of
any VSWAT Team property, after payment of any and all costs of sale or debts of the
agency, shall be equally distributed to those jurisdictions participating in the VSWAT
Team at the time of dissolution in proportion to the jurisdiction's percentage
participation in the VSWAT Team as of the date of dissolution. In the event that one
(1) or more jurisdictions terminate their participation in the VSWAT Team, but the
VSWAT Team continues to exist, the jurisdiction terminating participation shall be
deemed to have waived any right or title to any property owned by the VSWAT Team or
to share in the proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs `of the jurisdictions
participating in the VSWAT Team upon dissolution shall meet to
determine who the Arbitrator will be. The Arbitrator may be any person
not employed by the jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation to
the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the VSWAT Team
without the threat of being subject to liability to one another and to fully cooperate in
the defense of any claims or lawsuits arising out of or connected with VSWAT Team
actions that are brought against the jurisdictions. To this end, the participating
jurisdictions agree to equally share responsibility and liability for the acts or omissions
of their participating personnel when acting in furtherance of this Agreement. In the
event that an action is brought against any of the participating jurisdictions, each
jurisdiction shall be responsible for an equal share of any award for or settlement of
claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee
the action is taken against or which jurisdiction or employee is ultimately responsible
for the conduct. The jurisdictions shall share equally regardless of the number of
jurisdictions named in the lawsuit or claim or the number of officers from each
VALLEY SWAT TEAM 08-19-2010 47
INTERLOCAL AGREEMENT Page 5
jurisdiction named in the lawsuit or claim. This section shall be subject to the
conditions and limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In VSWAT Team Response. In the event that a
jurisdiction or its personnel were not involved in the VSWAT Team
response to the incident that gives rise to a claim or lawsuit, and judgment
on the claim or lawsuit does not, in any manner, implicate the acts of a
particular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or award.
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification
or sharing in the payment of any judgment against any VSWAT Team
personnel for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share
equally the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VSWAT Team members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed
to trial. In the event a claim or lawsuit requires the sharing of liability, no
VALLEY SWAT TEAM 08-19-2010 48
INTERLOCAL AGREEMENT Page 6
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with
the terms of the settlement. Any settlement made by an individual
jurisdiction without the agreement of the remaining jurisdictions, when
required, shall not relieve the settling jurisdiction from paying an equal
share of any final settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of their conduct in support of VSWAT Team
operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or
lawsuit has been initiated. Any documentation, including the claim or legal complaints,
shall promptly be provided to each perticipatirtg jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from a VSWAT Team action or
operation, shall have the burden of notifying each participating jurisdiction of all claims,
lawsuits, settlements, or demands made to that jurisdiction. In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless.
XV. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VSWAT Team activities. The lead jurisdiction shall be the jurisdiction
within which the VSWAT Team response occurred; PROVIDED, that in
the event the jurisdiction within which the VSWAT Team response
occurred did not participate in the VSWAT Team response, the lead
jurisdiction shall be the jurisdiction within which the incident that required
the VSWAT Team response originated. In the event that a jurisdiction
that was not involved in the VSWAT Team response receives the claim,
that jurisdiction shall notify the other jurisdictions in accordance with
Section XIV of this Agreement, and shall use its best efforts to determine
who is the appropriate lead jurisdiction.
VALLEY SWAT TEAM 08-19-2010 49
INTERLOCAL AGREEMENT Page 7
B. Assistance of Tactical Commander.
The VSWAT Team Tactical Commander shall assist the lead jurisdiction
in responding to a claim. The VSWAT Team Tactical Commander shall
be responsible for gathering all records relating to the VSWAT Team
response. These records shall include, but are not limited to, incident
reports, notes, transcripts, photos, evidence logs, recorded statements,
documents from emergency dispatch centers, and warrants from all
jurisdictions that participated in the VSWAT Team response. The Tactical
Commander shall also provide a list of personnel who participated in the
response and their contact information. The Tactical Commander shall
deliver all copies of the records to the lead jurisdiction promptly upon
request.
C. Claims of $5,000 or Less.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the VSWAT
Team response. The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability. In determining whether a claim should be paid, the
lead jurisdiction and its insurance provider shall, at a minimum,
consider the potential legal defenses to the claim and the costs of
defending the claim.
ii. Liability Determination — Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VSWAT Team is
liable for damages set forth in a claim, and whether the payment of
the claim would be in the best interest of the jurisdictions and/or
the VSWAT Team. In the event the lead jurisdiction determines
that payment of a claim is appropriate, such determination shall be
final and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
VSWAT Team response. The insurance provider for the lead
jurisdiction shall provide full payment to the claimant, and each
jurisdiction that participated in the response shall reimburse the
insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VSWAT Team and each and
every officer, agent, or volunteer of those participating jurisdictions.
VALLEY SWAT TEAM 08-19-2010 50
INTERLOCAL AGREEMENT Page 8
In the event the lead jurisdiction determines that the VSWAT Team
is not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions
and/or the VSWAT Team, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions; PROVIDED, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions.
iii. Letter From insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
jurisdictions with.,a letter stating the determination and the bases
for such determination.
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VSWAT Team to discuss the claim and to
determine the appropriate manner in which to respond and/or
defend the claim. The Board and persons listed in Section XVII of
this Agreement shall be notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XIV of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VSWAT Team to discuss
the lawsuit and to determine the appropriate manner within which to
respond and/or defend the lawsuit. The Board and persons listed in
Section XVII of this Agreement shall be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV of this Agreement requires that the jurisdiction receiving a claim or
lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
VALLEY SWAT TEAM 08-19-2010 51
INTERLOCAL AGREEMENT page 9
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not
be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of
service of a lawsuit, and the fact that a participating jurisdiction provides notice
or copies of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the State or Federal Rules of Civil
Procedure or the Revised Code of Washington.
For the purposes of implementing Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
Auburn:
Kent:
Auburn City Attorney
25 West Main Street
Kent City Attorney
Auburn, WA 98001
220 4"' Avenue South
(253) 931; 3030
Kent, WA 98032
(253) 856-5781
Auburn Police Chief
Kent Risk Manager
340 East Main Street -Suite 201
2204 Ih Avenue South
Auburn, WA 98002
Kent, WA 98032
(253) 931-3080
(253) 856-5285
Auburn Human Resources
Kent City Clerk
Director/Risk Manager
220 4`h Avenue South
25 West Main Street
Kent, WA 98032
Auburn, WA 98001
- (253) 856-5728
(253) 931-3040
Auburn City Clerk
Kent Police Chief
25 West Main Street
220 4ch Avenue South
Auburn, WA 98001
Kent, WA 98032
(253) 931-3039
(253) 856-5888
Port of Seattle:
Federal Way:
Port of Seattle Claims Manager
Federal Way City Clerk
P.O. Box 68727
33325-8 th Avenue South
Seattle, WA 98168
Federal Way, WA 98003
Tukwila:
Federal Way City Attorney
33325-8 th Avenue South
City Clerk
Federal Way, WA 98003
VALLEY SWAT TEAM 08-19-2010 52
INTERLOCAL AGREEMENT Page 10
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
WCIA:
Renton:
Claims Manager
Renton Risk Manager
WCIA
1055 So. Grady Way
P.O. Box 1165
Renton, WA 98057
Renton, WA 98057
CIAW:
Director of Claims
Canfield & Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
XVIII. COMPLIANCE WITH THE LAW
The VSWAT Team and all its members shall comply with all federal, state, and local
laws that apply to the VSWAT Team.
XIX. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XXIII of this
Agreement.
XX. RECORDS
Each jurisdiction shall maintain training records related to the VSWAT Team for a
minimum of seven (7) years. A copy of these records will be forwarded and maintained
with the designated VSWAT Team Training Coordinator. All records shall be available
for full inspection and copying by each participating jurisdiction.
XXI. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the
respective participating municipalities, and such other governmental agencies as may
be required by law.
XXII. SEVERABILITY
VALLEY SWAT TEAM 08-19-2010 53
INTERLOCAL AGREOJENT Page I I
If any part, paragraph, section, or provision of this Agreement is held to be invalid by
any court of competent jurisdiction, such adjudication shall not affect the validity of any
remaining section, part, or provision of this Agreement.
XXIII. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction. This Agreement shall be deemed
effective upon the last date of execution by the last so authorized representative. This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn
Date
City Attorney, City of Auburn Date
City Clerk, City of Auburn
Date
Mayor, City of Renton
Date
City Attorney, City of Renton Date
City Clerk, City of Renton
Date
Mayor, City of Tukwila
Date
City Attorney, City of Tukwila Date
City Clerk, City of Tukwila
Date
Mayor, City of Kent
Date
City Attorney, City of Kent Date
City Clerk, City of Kent
Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
VALLEY SWAT TEAM 08-19-2010 54
INTERLOCAL AGREEMENT Page 12
City Clerk, City of Federal Way Date
Chief Executive Officer, Port of Seattle Date Port Counsel; Port of Seattle Date
VALLEY SWAT TEAM 08-19-2010
INTERLOCAL AGREEMENT Page 13 55
56
COUNCIL MEETING DATE: September 21, 2010 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CRIMINAL CODE UPDATE - LEWD CONDUCT
POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND CHAPTER 6.45 OF THE FEDERAL WAY REVISED
CODE TO ADD A NEW SECTION PROHIBITING LEWD CONDUCT?
COMMITTEE: PRHS&PS MEETING DATE: September 14, 2010
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: ASSISTANT CHIEF ANDY HWANG DEPT: FWPD
Background: Currently, the Federal Way Revised Code (FWRC) does not address lewd conduct. This
proposed ordinance would amend Chapter 6.45 FWRC to define lewd conduct and prohibit lewd conduct in
public. This new legislation would elitrtinate.some gray areas, fill a gap left by indecent exposure and provide
police officers with another enforcement tool to keep our city safe.
Attachments: Proposed ordinance amending Chapter 6.45 FWRC to define and proltibit lewd conduct in public.
Options Considered: 1. Approve the proposed ordinance modifying Chapter 6.45 FWRC-
2. Reject the proposed ordinance modifying Chapter 6.45 FWRC.
STAFF RECOMMENDATION: Approve Option's to forward the proposed ordinance to First Reading at the
September 21" City Council Meeting.
CITY MANAGER APPROVAL: A.Wt C1M;P1'j DIRECTOR APPROVAL: W
Committee Council Committee Co
COMMITTEE RECOMMENDATION: f move to forward the proposed ordinance to First Reading on September 21"t.
Cotnnuttee Chair
PROPOSED COUNCIL MOTION(S):
Conuluttee Member
Committee Member
1`r READING OF ORDINANCE (SEPT. 21, 2010): 1 move to forward the ordinance to a second reading for
enactment on the October S, 2010 consent agenda_
2ND READING OF ORDINANCE (OCTOBER 5, 2010): "1 move approval of the proposed ordinance modifying
Federal Way Revised Code Chapter 8.05 to include the infraction of inattentive driving. "
(BELOW TO BE COMPLETED BY CITY CLERICS OFFICE)
COUNC[L ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
tSrreading
❑ TABLED/DEFERRED/NO ACTION
Enactutent readiug
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED -02/06/2006
RESOLUTION #
57
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
lewd conduct, amending FWRC 6.45.010, "Definitions" and adding a
new section to Chapter 6.45 FWRC, "Public Morals" (Amending Ord.
Nos. 09-601, 91-94, 91-89, and 90-53.)
WHEREAS, the City has adopted regulations set forth in Chapter 6.45 of the Federal Way
Revised Code that govern public morals; and
and
WHEREAS, the City has not adopted regulations that prohibit lewd conduct in public places;
WHEREAS, the City desires to adopt regulations that prohibit said conduct; and
WHEREAS, this ordinance is in the interest of the public's health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Federal Way Revised Code 6.45.0 10 Definitions is hereby amended to read as
follows:
6.45.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Act of prostitution" or "prostitution" means engaging, offering to engage, or agreeing
to engage in sexual contact or sexual conduct with any person in return for a fee.
"Actor" means a person who engages in conduct in violation of this chapter.
"Exposed" means the state of being revealed, exhibited or otherwise rendered to public
view.
"Expressive dance" means any dance which, when considered in the context of the entire
performance, constitutes an expression of theme, story, or ideas, but excluding any dance
such as, but not limited to, common barroom -type topless dancing which, when
considered in the context of the entire performance, is presented primarily as a means of
displaying nudity as a sales device or for other commercial exploitation without substantial
expression of theme, story or ideas, and the conduct appeals to the prurient interest,
depicts sexual conduct in a patently offensive way and lacks serious literary, artistic,
Ordinance ivo 10 -
58
Page 1 of 4
Rev 1/10
political or scientific value.
"Fee" means money, any negotiable instrument, any good or service having value, or any
other consideration.
"Known prostitute or panderer" means a person who, within one year prior to the date
of an -est for a violation of this chapter, has been convicted of a criminal violation of any
ordinance or law of any jurisdiction within the state prohibiting acts of soliciting,
committing, or offering or agreeing to commit prostitution.
"Public Place" means an area generally visible to public view, and includes streets
sidewalks, bridges, alleys plazas parks driveways parking lots automobiles (whether
moving or not), and buildings open to the general public including those which serve food
or drink or provide entertainment and the doorways and entrances to buildings or
dwellings and the grounds enclosing them and businesses contained in structures which
can serve customers who remain in their vehicles by means of a drive -up window.
"Sexual conduct" means:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight;
(2) Any penetration of the vagina or anus, however slight, by an object, when committed
on one person by another, whether such persons are of the same or opposite sex, except
when such penetration is accomplished for medically recognized treatment or diagnostic
purposes;
(3) Any act of sexual contact between persons' involving the sex organs of one person and
the mouth or anus of another whether such persons are of the same or opposite sex, and
(4) Masturbation, manual or instrumental, of one person by another.
"Sexual contact" means any touching of the sexual or other intimate parts of a person
done for the purpose of gratifying sexual desire of either party.
Section 2. Chapter 6.45 of the Federal Way Revised Code is hereby amended to add a
new section to read as follows:
6.45.025 Lewd Conduct
(1) A person is guilty of lewd conduct if in a public place the person intentional[
(a) Exposes any of the following body parts of the person without a ful[ and
opaque covering_
(i) Any part of the male or female genitals, pubic hair, pubic area
perineum, anus, or bottom one-half of the anal cleft-,
(ii) Any part of the areola or nipple of the female breast or
(iii) More than one-half of the part of the female breast located below the
top of the areola_ The covered area shall be reasonably compact and
contiguous to the areola.
(b) Exposes the male genitals in a discernibly turgid state even if fully and
opaquely covered.
(c) Touches, caresses, or fondles the genitals or female breast whether clothed or
Ordinance .No. 10 -
59
Page l of 4
Rev NO
O
unclothed;
(d) Masturbates; or
(e) Engages in sexual conduct or sexual contact.
(2) A full and opaque covering within the meaning of this section does not include body
paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface,
any -substance that can be washed off the skin, or any substance designed to simulate or
by which by its nature simulates the appearance of the anatomical area beneath it.
(3) This section shall not be construed to prohibit:
(a) The act of breastfeeding or expressing breast milk;
(b) Classes, seminars, and lectures held for serious scientific or educational
purposes;
(c) Plays, operas, musicals, or other dramatic works which are not obscene
(d) Adult entertainment activities operating pursuant to Chapter 12.10 FWRC,
(e) Bathhouse activities operating pursuant to Chapter 12.40 MRC.
(0 Conduct of a child under 10 years of age; or
(g) Places in which nudity is necessarily and customarily expected outside of the
home such as a restroom or locker room.
(4) The owner, lessee, manager, operator, or other person in charge of a public place is
guilty of facilitating lewd conduct if the person knowingly permits, encourages, or
causes to be committed lewd conduct.
(5) Lewd conduct and facilitating lewd conduct is a misdemeanor.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
Ordinance No. 10 -
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Page 3 of 4
Rev 1/ 10
references thereto.
Section S. Ratification- Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, LINDA KOCHMAR
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 10 -
61
Page 4 of 4
Rev 1/10
62
COUNCIL MEETING DATE: September 21, 2010 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: T -MOBILE SITE LEASE RENEWAL — LAKOTA PARK
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE
AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 9/14/2010
CATEGORY:
Consent ❑ Ordinance
❑ Public Hearing
City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law
T -Mobile West Corporation (formerly VoiceStream PCS III Corporation) entered into a Lease Agreement with the
City on April 12, 2000 for installation and operation of certain equipment on City owned land located at Lakota Park
for use in connection with its wireless telephone communications service. The 2000 Lease Agreement provided for
rental fees in the amount of $975.00 per month with a 4% increase each year. In 2004, the contract was extended for
an.additional 5 year term. The lease expired on December 14, 2009 and T -Mobile has requested to renew the lease for
an additional five-year term pursuant to the terms of the lease. During negotiation of the" Amendment, the City
requested that the rental fees increase to $2,249.00 with a 4% increase each year throughout the term.
Options Considered: 1. Recommend approval of the lease renewal and authorize the City Manager to
execute the amendment.
2. Reject the lease renewal.
STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to
execute the amendment.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL: 1 KF -
Committee Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed amendment to the T -Mobile Site lease to
the September 21, 2010 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:
"I move approval of the First Amendment to the T -Mobile Site Lease at
Lakota Park, covering December 15, 2009 through December 14, 2014 and authorize the City Manager to sign
said amendment_ "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006
RESOLUTION #
63
FIRST AMENDMENT
TO
SITE LEASE AGREEMENT
(AG # 00-172)
This First Amendment to Site Lease Agreement ("First Amendment") is dated effective this
day of 120 tO ("Effective Date"), and is entered into by and between the City
of Federal Way, a Washington municipal corporation ("City"), and T -Mobile West Corporation, a
Delaware corporation, as successor -in -interest to VoiceStream PCS [1I Corporation ("Tenant"),
sometimes collectively referred to herein as the "Parties".
A. The City and Tenant (or Tenant's predecessor -in -interest) entered into a Site Lease
Agreement dated effective April 12, 2000 ("Lease"), whereby the City agreed to lease to Tenant a
portion of the space on and air -space above the City property ("Premises").
B. The Lease provides that Tenant may renew the Lease for three (3) additional five (5 )
year Renewal Terms and Tenant affirms that it is exercising at least one Renewal Term hereunder.
C. Pursuant to Section 27.b. of the Lease, any modification of or amendment to the Lease
must be in writing and executed by both parties.
D. Pursuant to Section 2 of the Lease, City had a fair market rent analysis performed and
determined that the current monthly Rent was more than twenty percent below fair market rent for
the Lease and City now desires to increase the monthly Rent under the Lease as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
the parties agree to the following terms and conditions:
I. Tenant Name. City acknowledges and agrees that T -Mobile West Corporation, a
Delaware corporation is the successor -in -interest to VoiceStream PCS [I[ Corporation as Tenant
under the Lease.
2. Term. Pursuant to Section 4 of the Lease, the Lease shall be renewed for an
additional five (5) year Renewal Term commencing on December 15, 2009, and expiring December
14, 2014, unless renewed pursuant to the terms of the Lease.
3. Rent. Commencing on December 15, 2009, the new monthly Rent under the Lease
shall be Two Thousand Two Hundred Forty -Nine and no/100 Dollars ($2,249.00) per month, due on
or before the 5a' day of each month. The Rent shall be increased by four percent (4%) each year on
each subsequent December 15 during the term of the Lease. Tenant may pay to City any unpaid Rent
retroactive to December 15, 2009 ("Retroactive Rent") within thirty(30) days of the full execution of
this First Amendment. The Retroactive Rent shall not be considered past due unless it is not paid
within thirty (30) days of the full execution of this First Amendment.
SE04653A - Lakota Park
- 164 _
4. Notices. Section 16 of the Lease shall be amended to change the notices addresses for
the City and Tenant as follows:
If to City: City Attorney
P.O. Box 9718
33325 Eighth Avenue South
Federal Way, WA 98063
With a copy to: City Manager
PO Box 9718
33325 Eight Avenue South
Federal Way, WA 98063
If to Tenant: T -Mobile USA, Inc.
12920 SE 28a' Street
Bellevue, WA 98006
...Attn- PCS Lease Administrator
Attn: Legal Department
r
with a copy to: T -Mobile West Corporation
19807 North Creek Parkway N.
Bothell, WA 98011
,Attn: Lease Administration Manager
5. Full Force and Effect. The terms and conditions of the Lease are incorporated herein
by this reference, and capitalized terms used in this First Amendment shall have the same meanings
such terms are given in the Lease.. All other terms and conditions of the Lease not modified by this
First Amendment shall remain in full force and effect, all of which are ratified by the Parties. To the
extent there is any conflict between the terms and conditions of the Lease and this First Amendment,
the terms and conditions of this First Amendment will govern and control.
6. Authority. The persons who have executed this First Amendment represent and
warrant that they are duly authorized to execute this First Amendment in their individual or
representative capacity as indicated.
SF04653A - Lakota Park
2 -
65
DATED the effective date set forth above.
ATTEST:
Carol McNeilly, CMC, City Clerk
STATE OF WASH[NGTON )
) ss.
COUNTY OF KING )
C[TY OF FEDERAL WAY
Brian Wilson, Interim City Manager
PO Box 9718
Federal Way, WA 98063-9718
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
T -MOBILE WEST CORPORAT[ON, a Delaware
corporation
By: �Q-' `� �$ lQ-3
Kautily a
Area Director, Engineering & Operations
On this day personally appeared before me Kautilya Lanba, to me known to be the Area Director,
Engineering & Operations ofT-Mobile West Corporation, a Delaware corporation, that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary a and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated tha she
was authorized to execute said instrument and that the seal affixed, if any, is the corporate al of
said corporation.
GIVE, hand and official seat this 4 (•qday of �- , 20 [ 0.
�.� Ott
���pfZlq Ft/t//�
= a oT �}A''s_ �: f iCA C"t rr
�` j0 (typed/printed name of notary)
cn
t' " Notary Public in and for the State of
�'*�, 29-12 ,•_� �0 My commission expires
�G
////IIII�WASN\��.
SE04653A - La�Co�a Park
3 -
66
CITY OF
,,.�..., Federal Way
Ak
August 10, 2010
VIA FACSMLE
Mr. Kautilya Lanba
Area Director, Engineering and Operations
T -Mobile West Corporation
Fax No. (425) 398-7620
Re: Clarification of Partial Payment
PCS Site Lease # SE 4653A
Site Address: 1200 SW 312' Street, Federal Way
Dear Mr. Lanba:
CITY HALL
33325 8th Avenue South - PO Box 9718
Federal Way_ WA 98063-9718
(253) 835-7000
www.d4oTaderahwaycom
(253) 835-2562
The purpose of this letter is to clarify the amounts owed and vddfy receipt of par" payment for the
amounts owing on the above -referenced PCS Site Lease. The current total amount due and payable
for such lease is $19,152.77. This amount is calculated as follows: $1,160.77 for. December 2009; and
$17,992.00 for January 2010 through August 2010 (at a rate of $2,249.00 per month). As you are
aware, the aforementioned lease term was renewed on 12/15/09 at which time the rent was raised by
the City to $2249.00 per month. T -Mobile neglected to pay rent from 12/15/09 through the current
month of August 2010 as it considered the validity of the rental increase.
The City is now in receipt of $12,337.37 in checks dated July 26, 2010, which were sent by -T -Mobile
for back rent — but which calculated such rent at the old rental rate prior to the December 15th, 2009
increase. As a result, if the City were to cash these checks, the above lease would be current, roughly,
through the month of May, leaving a balance of $6,815.40 owing on the account.
My understanding based on conversations with Gary Abrahams is that T -Mobile West Corporation,
the current tenant under the above -reference lease, hereinafter referred to as "T -Mobile", has now
agreed to pay the City's new lease rate and is in the process of having the amendment to the site lease
containing such increase executed to formally document its acceptance thereof. In the meantime, the
City has agreed to accept partial payment of the amount owed by cashing the back -rent checks in its
possession to expedite the process in receiving the total amount owed By cashing the checks
currently in City possession, the City and T -Mobile agree that the City is neither accepting the partial
payment of $12,337.37 as a full payment for the amount of rent due nor is the City agreeing to a lease
amount less than $2,249.00 per month.
As soon as the City receives confirmation of the understandings in this letter by your duly authorized
signature below, the City will process the back -rent checks in its possession that constitute a partial
payment in the amount of $12,337.37 with the understanding that the amendment to the site lease,
which contains the new lease rate of $2,249.00 per month, will be executed by T -Mobile and an
67
Mr. Lanba
T -Mobile Rest Corporation
August 10, 2010
Page 2of2
additional payment in the amount of $6,815.40 (the "Additional Payment') will be received by the
City promptly thereafter to bring the lease current through the end of the month of August 2010.
Following the City's receipt of the executed amendment and the Additional Payment in fWl, the City
acknowledges that the rental payments related to the above -referenced lease will be current through
the end of August 2010 and waives any claims related to or arising from T -Mobile's failure to pay rent
in a timely manner prior to September 1, 2010.
Thank you for your continued cooperation.
Sincerely,
Amy Jo
Assistant ity Attomey
City of Federal Way
The undersigned acknowledges receipt and agrees to the understandings set forth above. Signed this
6'` day of August 2010 by:
T -Mobile West Corporation
Kautil
Area Director, Engineering and Operations
STATE OF )
6 1 )-ss.
COUNTY OF )
On this day personally appeared before me Kautilya Lanba, to me known to be the Area Director,
Engineering and Operations of T -Mobile West Corporation 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 was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand official seal this day of2010_
�tl1tG � 114��
.....,,,,,,t i
(typed/printed name of no
)
y
o nr = Notary Public in and for the State of
Poe �:` My commission expires_ aG 12
�.- 6 -
Ii, . pgi�ir tsV00�1T-lbtobile [ akda partial paynunl
I l 11111 ` E O
68