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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 U r� LL w 2w3 VJ (} my 13l, I I I a I � I I I a 0 I \ tY �_I SII Y , — / -r--- 1-_30I •III ! � '� � /. i .,r?�-, �r+-,.�-,_,.��..„r,�.>w�..pg 777M", l t \ I I ! y \/ II vv,I NI. `I I IIr II I I'1 I I i II I '�I 1 1 1 1 II I I I I I I � l � 1 1 \ � I I � IIII 1 I \ tY �_I SII Y , — / .,r?�-, �r+-,.�-,_,.��..„r,�.>w�..pg 777M", l t 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. 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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 .� • ., a e- t '. �' -L:2 t rd I e1 WA f �s� 1,-6 ZvrDt fi� t V ) Q ✓ I ,S V//ie G'IA)l A) i Sk.f hen 4 4c, C/' 43 ��- r4 A) r U(;6, t-wcc A) S 34 *14 ME zl� Sign In Sheet For Speakers CDBG Capital Projects Only Human Services Commission Public Hearing August 30, 2010 35 a s t ■ 35 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 - ,M] 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