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PRHSPSC PKT 07-30-2012 City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee July 30, 2012 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 Action Council Topic Title /Description Presenter Page or Info Date A. Approval of Minutes: June 12, 2012 3 Action N/A B. 2012 Human Services Commission Work Plan Catalano Action Consent 6 8/7/12 C. Monument Sign Bid Ikerd Action Consent 11 8/7/12 D. KC RSO Grant Funding Cost Reimbursement Agreement Wilson Action Consent 15 8/7/12 E. IDS Hosted PowerDMS Software to be utilized for Accreditation Wilson Information N/A Process, using State Seizure Monies. 25 F. CrimeReport.com Council Demonstration Wilson Action Other 43 8/7/12 G. DEA — State and Local HIDTA Task Force Agreement Wilson 45 Information N/A H. Cingular Wireless (AT &T) Site Lease Renewal — Saghalie Park Pearsall Action Consent 51 8/7/12 I. Cingular Wireless (AT &T) Site Lease Renewal - Sacajawea Park Pearsall Action Consent 56 8/7/12 5. PENDING ITEMS • Veterans Memorial • Banners • Festivals • Concept of Housing in South King County • Festival Days 6. NEXT MEETING: Tuesday, August 14, 2012 5:30pm - Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Susan Honda, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Linda Kochmar K: \PRHSPS Committee \2012 \073012 prhsps ag.doc i __ City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 12, 2012 5:30 p.m. SUMMARY Committee Members in Attendance: Committee member Roger Freeman, and Committee member Linda • Kochmar. Excused: Chair Honda Council Members in Attendance: Council member Jeanne Burbidge. Staff Members in Attendance: Cary Roe, Director, Parks & Public Works, Amy Jo Pearsall, City Attorney, Andy Hwang, Deputy Chief of Police, Steve Ikerd, Parks & Facilities Manager, Jason Gerwen, Parks & Facilities Supervisor, Jay Bennett, Community Services Manager, and Mary Jaenicke, Administrative Assistant II. Guest: Amy Hargrove, Department of Ecology; Dennis, Ameri- Corps; Alan Bryce, Centerstage Theatre, Steve Smith, Centerstage Theatre Committee member Kochmar called the meeting to order at 5:30p.m. Public Comment: None Commission Comment: None APPROVAL OF SUMMARY Conunittee member Freeman moved to approve the May meeting summary. Committee member Kochmar seconded. Motion passed. BUSINESS ITEMS Ameri -Corps And - Bullying Mural Donation Mr. Gerwen stated that the Parks Maintenance Department has been partnering with Ameri-Corps for four years, and they have contributed over 12,000 hours of work. Approximately two months ago, the Parks Department was approached by two Ameri-Corps volunteers. They are working with Mark Twain Elementary schools Civic Engagement Club (CED) on a mural regarding anti- bullying. Ameri-Corps would like to donate the mural to the Parks Department, and have it displayed at a park. Mr. Gerwen introduced Dennis from Ameri- Corps, who spoke briefly about the CED. The mural will be hung at Celebration Park on the `B" chase, which is located by the children's playground. The mural will have several layers of clear coating on it to prevent vandalism. They are hoping that it will last for five years. Mr. Gerwen noted that due to the schedules of the many organizations that are involved in the project, the unveiling is scheduled to take place on June 18 at 5:OOpm. This is prior to the project being accepted by Council at the June 19 Full Council meeting. Mr. Gerwen stated that they are not making any presumptions that this project will be accepted by Council, it was the only day they could fit this project in. Committee member Freeman moved to forward the authorization of the acceptance of a donated Anti- bullying mural and authorize the Mayor to forward it to the full Council on June 19, 2012 consent agenda for approval. Committee member Kochmar seconded. Motion passed. Washington State Department of Ecology — Soil Safety program Amy Hargrove from the Department of Ecology (DOE) gave a Power Point presentation on the DOE's Soil Safety program. The DOE conducted soil testing for arsenic and lead in parks with playgrounds within the City of Federal Way. They found three parks that had isolated areas that are higher than industry standards. Those parks are Adelaide, Heritage Woods and Lake Grove. The test results for Adelaide and Heritage Woods showed higher levels of arsenic and lead in isolated areas of the park; in the play areas the levels are low enough that there does not need to be soil removal. Lake Grove had higher readings and the DOE is recommending removing and replacing the soil in the wooded area. The DOE would like to post signage at Adelaide and Heritage Woods Park to let people know that if they are playing in the woods they should take some healthy actions. Lake Grove Park has higher levels of lead and some arsenic in the woods, but they did not see arsenic and lead in the play area. The DOE would like to remove and replace the soil at Lake Grove Park. This will also include planting native plants and seeding the area with grass. Signage will also be placed in the woods. They will send out fliers to the residence that live near these parks and offer them free residential soil sampling. Public meetings will also be held. They are hoping to complete the work by the end of fall. Council member Burbidge would like to have mailers sent out to a wide area in the K_\PRHSPS Committee\2012\061212 min.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday June 12, 2012 Summary Page 2 Community. Committee member Freeman moved to forward the authorization of soil safety work to be managed by the WA State Department of Ecology in 3 City Parks (Adelaide, Heritage Woods and Lake Grove Parks) and authorize the Mayor to forward to the full City Council June 19` 2012 business agenda for approval. Committee member Kochmar seconded. Motion passed. 2012 Diversity Commission Work Plan Mr. Bennett presented the background information. Mr. Bennett stated that the commission worked very hard this year, and one of the items accomplished on their work plan was partnering with Communities In Schools of Federal Way's Multi- Cultural Night at Mirror Lake Elementary and Sacajawea Middle School. A new item on the work plan is the creation and implementation of a Diversity Summit event that will be held in October. A questionnaire will be mailed out to the community to gather information, and the summit will discuss the questions that were raised in the questionnaire. Committee member Freeman stated that Adelaide Elementary holds a Cultural Fair in October, and he recommended contacting them in regards to coordinating the event with them. Committee member Kochmar moved to forward the 2012 Diversity Commission Work Plan to the June 19, 2012 consent agenda for approval. , Committee member Freeman seconded. Motion passed. Application for Ballistic Vest Partnership (BVP) Grant Deputy Chief Hwang reported that 62 Ballistic vests will need to be replaced between May 2012 and the end of 2013. They have applied for a grant; if the grant application is approved they will be awarded $13,654. The matching funds would be taken from the police uniform budget. No discussion was held. Committee member Kochmar moved to forward the 2012 Ballistic Vest Partnership (BVP) Grant application and acceptance to the June 19, 2012 City Council Agenda for approval, in the amount of $13,654. Committee member Freeman seconded. Motion passed. Washington Traffic Safety Conunission (WTSC) Grant 2011/2012 Amendment #1 Deputy Chief Hwang stated that this amendment will extend the term of the Memorandum of Understanding from October 1, 2011 through September 30, 2012, and will provide the Federal Way Police Department an additional $6,150.00 for DUI patrols. No discussion was held. Council member Freeman moved to forward the proposed acceptance of Amendment #1 to the WTSC Grant for Target Zero DUI enforcement' to the June 19, 2012 City Council Agenda for approval, in the amount of $6,150.00. Committee member Kochmar seconded. Motion passed. Washington Traffic Safety Commission (WTSC) Grant 2011/2012 Amendment #1 FFY 2012 Deputy Chief Hwang stated that this amendment will extend the term of the Memorandum of Understanding from October 1, 2011 through September 30, 2012, and will provide the Federal Way Police Department and additional $1,274.46 to fund bar checks in Federal Way. Bar checks are done to ensure that they are not selling to minors, or overselling to patrons. No discussion was held. Council member Freeman moved to forward the proposed acceptance of Amendment #1 to the WTSC MOU for Bar Checks with the Liquor Control Board to the June 19, 2012 City Council Agenda for approval, in the amount of $1,274.46. Committee member Kochmar seconded. Motion passed. Centerstage Theatre Contract Amendment to Manage Knutzen Family Theatre Mr. Roe introduced Alan Bryce and Steve Smith from Centerstage Theatre (CST). The city entered into a contract with CST in July of 2009. The term of the existing contract will expire June 30, 2012. Both parties are interested in extending the contract. The amendment will extend the term of the contract to June 30, 2015. CST has used the Knutzen Family Theatre (KFT) for many years, and CST owed the city money for back rent. The arrangement in the first contract was that the city would pay CST a monthly management fee, and then each month the city would remit the difference between a portion of the back rent; at the end of their three year contract the back rent that was owed to the city would be paid off. There was an 8% CPI in the original contract. Mr. Roe discussed this with the Mayor, and the decision was to not have an inflator in the contract amendment. Mr. Roe reviewed the other changes in the new exhibits of the amendment. The changes to the contract are relatively minor. Committee member Freeman • moved to forward to approve the contract amendment with Centerstage to manage Knutzen Family Theatre to the June 19, 2012 City Council Business agenda for approval. Committee member Kochmar seconded. Motion passed. PENDING ITEMS Committee member Kochmar inquired about the Veteran's Memorial. Mr. Roe provided a brief update on what has taken place to date, and stated that Council member Celski has shown an interest in the project, and will be getting a 4 K_1PRHSPS Committee120121061212 min_doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday June 12, 2012 Summary Page 3 group together to do the planning and looking into funding. Mr. Roe and staff provided Council member Celski with a list of names and the contact information of people that have shown an interest in the project. Mr. Roe has been asked to do some mapping of an area that is owned by the Federal Way School District. The District is interested in donating that area. NEXT MEETING July 10, 2012 ADJOURNMENT Meeting adjourned at 6:45p.m. K:\PRHSPS Committee\2012 \061212 min.doc 5 COUNCE, MEETING DATE: July 17, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2012 HUMAN SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the City Council approve the Human Services Commission Work Plan for 2012? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: July 10, 2012 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jay Bennett, Community Services Manager DEPT: Community & Economic Development Services Attachments: 2012 Human Services Commission Work Plan Background Each year the Human Services Commission drafts a work plan based on the authority outlined in Section 2.55.040 of the Federal Way Revised Code. The initial work required in drafting, and then the ultimate Commission approval of the 2012 Work Plan was delayed due to the drafting of the 2012 -2016 CDBG Consolidated Plan at the end of 2011, and the implementation of direct entitlement status for the City at the beginning of 2012. The major action items for the Commission in 2012 are: • Review 2013 -2014 Human Services General Fund and CDBG Public Services grant applications; make funding recommendations to the Mayor and City Council. • Review the 2013 CDBG Capital applications; make funding recommendations to the Mayor and City Council. • Work with staff on drafting the 2013 CDBG Annual Action Plan and forward the Plan to the Mayor and City Council for approval. Human Services Commission Process: The Commission reviewed the draft 2012 Work Plan at their April and May 2012 regular meetings, and formally approved the 2012 Work Plan at the June 21, 2012 special meeting. Options: 1. Approval of the 2012 Human Services Commission Work Plan. 2. Do not approve the 2012 Human Services Commission Work Plan. MAYOR'S RECOMMENDATION: Option 1 • MAYOR APPROVAL: DIRECTOR APPROVAL: G Committee Council C ttee Council COMMITTEE RECOMMENDATION: I move to forward to the (fill in date) consent agenda for approval 6 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of (BELOW TO BE COMPLETED BY CITY CLERICS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL it ❑ DENIED I sl. reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/1212010 RESOLUTION # 7 City of Federal Way Human Services Commission 2012 Work Plan 1. Conduct the 2013/2014 CDBG Public Services and Human Services General Fund allocation process and make funding recommendations to the Mayor and City Council. Tasks • Review estimated funding available. • Attend City staff held application training; deliberate and reach consensus regarding the criteria to evaluate applications. • Review and evaluate applications. • Conduct applicant interviews as needed. • Hold a public hearing on CDBG and HSGF preliminary recommendations to obtain citizen input. • Deliberate and make funding recommendations to the Mayor, Parks, Recreation, Human Services & Public Safety Committee; and City Council. 2. Conduct the 2013 CDBG Capital allocation process and make funding recommendations to the Mayor and City Council. Tasks • Review estimated funding available. • Review and evaluate applications. • Conduct applicant interviews as needed. • Hold a public hearing on CDBG Capital preliminary recommendations to obtain citizen input. • Deliberate and make funding recommendations to the Mayor, Parks, Recreation, Human Services & Public Safety Committee; and City Council. 3. Work with staff to draft the 2013 CDBG Annual Action Plan and forward it to the Mayor and City Council for approval. Tasks • Review estimated funding available in 2013. • Review City goals for CDBG in 2013. • Review and recommend projects for CDBG Capital and Public Services projects in 2013. • Hold a public hearing on the draft 2013 Annual Action Plan to obtain citizen input. • Forward the Annual Action Plan to the Mayor; Parks, Recreation, Human Services & Public Safety Committee; and City Council for their review and approval. 8 Human Services Commission 2012 Work Plan Page 2 4. Review the contract performance of Human Services General Fund and CDBG Public Services recipients. Tasks • Review the quarterly reports submitted to the Community Services Division to evaluate the contract performance of human services agencies and determine if performance goals are being met. • Based upon the submitted data, evaluate and assess any service gaps in the community. • Follow up with an action plan if necessary to address any contract performance issues. 5. Provide time on the monthly agenda for potential action or gain awareness on timely sub - regional, regional, and federal trends and activities pertaining to CDBG and Human Services. Tasks - • Receive monthly briefings from the Community Services Manager on participation, activities, and action taken while representing either the City of Federal Way or South King County. 6. Work closely with all levels of City government to promote continued support of the City's human services programs. Tasks • The Chair, or the Chair's representative, will attend the Parks, Recreation, Human Services, and Public Safety Committee and City Council meetings when items pertaining to human services are on the agenda to speak on behalf of the Commission • Establish early communications with the Mayor; the Parks, Recreation, Human Services & Public Safety Committee, and the City Council that will lead to a consensus decision- making process. • Recognize opportunities to provide human services solutions to the various City departments working on future City initiatives. 7. Commissioners will conduct outreach and public education efforts within the Federal Way community to inform the public about human services activities in Federal Way. Tasks • Commissioners may work with the Communications Coordinator to provide stories that highlight the successes of individuals and families being served through human services programs supported by the City. • Commissioners may work with City staff to publicize the recipients of the 2013 -2014 human services grants. • Commissioners may encourage human services agencies to highlight the support they receive from the City. 9 Human Services Commission 2012 Work Plan Page 3 • Commissioners may serve on subject matter committees as appropriate that will have on -going dialogue with the community and agency partners on topical issues impacting residents of Federal Way. 8. Coordinate between with Federal Way human services agencies and the City's Emergency Management Office to support the development of emergency preparedness plans for human services providers. Tasks • Schedule agenda time for City Emergency Management staff to present Providers/City coordination opportunities to the Commission. 10 COUNCIL MEETING DATE: July 17, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MONUMENT SIGN BID POLICY QUESTION: Should the City accept a bid award for Monument Signs in the amount of $65,000.00 to J &K Foundation and authorize the Mayor to executed said agreement? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: July 10, 2012 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd — Parks & Facilities Manager DEPT: PRCS Attachments: Monument Sign bid memo. Options Considered: 1. Authorize a bid award for Monument Signs in the amount of $65,000.00 to J &K Foundation and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for Monument Signs to J &K Foundation and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1: Authorize a bid award for Monument Signs in the amount of $65,000.00 to J &K Foundation and authorize the Mayor to execute said agreement_ MAYOR APPROVAL: %� DIRECTOR APPROVAL: ? f/ Council # Co Council COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for, Monument Signs in the amount of $65,000.00 to J&K Foundation and authorize the Mayor to execute said agreement to the full Council July 17, 2012 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for; Monument Signs in the amount of $65,000.00 to J &K Foundation and authorize the Mayor to execute said agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION 5 11 ` CITY OF ,�... Federal Way Parks and Facilities Division Date: June 29, 2012 To: PRHSPS Council Committee Via: Mayor Skip Priest Cary M. Roe, P.E., Director of Parks, Public Works & Emergency OrL From: Stephen Ikerd, Parks & Facilities Manager Subject Monument Signs Bid • Background: Staff recently solicited unit price bids, for the installation of new monument signs at many Parks and Facilities. These monument signs are part of an ongoing improvement project to replace the original wood signs, of which many still have the old City logo. The new signs will be a concrete monument style with a replaceable sign insert. Over the past two years we have been developing details for the monument size, shape, and finish as well as details for the actual sign insert. After finalizing design specifications that are functional and look professional, we issued a request for bid to six companies on the Municipal Research and Service Center (MRSC) roster. We only received one successful bid from J & K Foundation which we recommend entering into a contract with. Note: J & K Foundation helped with design development by building 3 different prototypes to our design. (West Hylebos Wetlands, Madrona Park and Dashpoint Highlands signs) This Company was informed that once we settled on a working design we would solicit competitive bids and they could be included. We bid several sizes to have flexibility to fit each sites unique application. Example; high profile parks like Celebration, will receive a 6' sign, where a small neighborhood park with limited space will receive a 4' sign. Following are unit price bid results: J & K Foundation: (including tax) 6' monument sign - $ 2,409.00 5' monument sign - $ 2,190.00 4' monument sign - $ 1971.00 Directional sign - $ 1,368.75 Excavate and prep ea. - $ 303.12 Contract award recommendations: J & K Foundation Company - $65,000.00 Budget: $45,000.00 - Council approved carry forward funds $20,000.00 - CIP — Major Maintenance funds. $65,000.00 —Total project cost 12 1 • 0 1: 4 1` .. -----___ — . . \. i • , ii. ,.... b • - -,---- •- . , - - OId wood style OId Dash Point Highlands . . , , - ,,,• ‘k ,N , ,-, - • -- -:7,- . s , • . a C■il Or , Federal Way • Pk,: r & Cultural Services ; 1 Madrona .1 . -----..... - _ . 4 Park . _„l - _ . Da-,- -; 1508 SW 356th Street f _ - Pot - h g Par -,.,.....-- . . ....... , 010001........ . - .,.... , . .... ' — - - .. • New with white top insert New 4' Dashpoint Highlands ...,-. .. - ,.. .. . . • , . . . . ,... e,. , _.. CM/ Of Federal Way 1 - . • Parks. Recreation & Cultural Services 1 "-",_. • _ . . . . 4• Parking .-, . — 'Iseatt - ' - 4 VJest Hylebos Wetlands Park _ - .. . ___ _ qr ar .. -- _ „. - -, + Historic Cabins = ,-: r 1°- - - _ , - „ • .._ ,,. . , . . - ..- — •-• - - k ' Vl'*-&. 4, 1 4 ‘t - v- - =_.. - '.-_ze-g-r i 'L ' - - ------- ----- - - ---: ' - A- , ir" 1-F.?",W,MiX .tf'7' - 1 , , _ ._ . _. . , . , . . . 1st prototype 6 sign Small directional sign 13 i i 14 COUNCIL MEETING DATE: August 7, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KC RSO Grant Funding Cost Reimbursement Agreement POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Cost Reimbursement Agreement funding, up to $44,144.89, from King County for the purpose of verifying addresses and residencies of sex and kidnapping offenders in Federal Way? COMMITTEE: PRHS &PS COMMITTEE MEETING_ MEETING DATE: July 30, 2012 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lynette Allen, Executive Assistant DEPT: Police Department The Federal Way Police Department (FWPD) is seeking grant funding from the King County Sheriff's Department in support of the Federal Way Police Department's Registered Sex Offender and Kidnapping Offender Address and Residency. Verification Program. The grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of $44,144.89. FWPD will be partnering with King County Government in implementing multiple program elements to ensure that sex offenders are in compliance under the guidelines of current laws. A strong enforcement effort to apprehend and prosecute offenders will help improve the quality of life for our citizens. Federal Way accepted similar Cost Reimbursement Agreements with KC in 2008, 2009, 2010 and P g 2011. Attachments: 1. KC RSO Cost Reimbursement Agreement Options Considered: 1. Accept Grant 2. Reject Grant MAYOR'S RECOMMENDATION: Op +v. 1 MAYOR'S APPROVAL: !7/ DIRECTOR APPROVAL: l .[ ` *Al . `i 7 / /4/»t' Committee Council Committee Council COMMITTEE RECOMMENDATION: I MOVE TO FORWARD THE COST REIMBURSEMENT AGREEMENT AND ACCEPTANCE TO THE AUGUST 7, 2012 CITY COUNCIL CONSENT AGENDA FOR APPROVAL. Committee Chair Committee Member Committee Member 15 PROPOSED COUNCIL MOTION: "I move that we accept the Agreement between the Federal Way Police Department and King County Sheriff's Officer for Cost Reimbursement Funding for the purpose of verifying addresses and residencies of sex and kidnapping offenders and authorize the Mayor to sign such Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL !/ ❑ DENIED I sl. reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE 11 REVISED - 02/06/2006 RESOLUTION 11 • • _ I II 16 Cost Reimbursement Agreement Executed By King County Sheriff's Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: Steven D. Strachan, Sheriff King County Sheriff's Office W -150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a department of King County, hereinafter referred to as 'Contractor," Department Authorized Representative: Brian Wilson, Chief of Police 33325 8 Avenue South PO Box 9718 Federal Way, WA 98063 -9718 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: 17 Cost Reimbursement Agreement KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight (8) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2012 and shall end on June 30, 2013 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face -to -face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant - related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated "Advanced Verification Request Report" that the sex or kidnapping offender completes and signs during a face -to -face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer /detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the . quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2012. Page 2 of 5 18 June 29, 2012 Cost Reimbursement Agreement Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM -SO -0200 Seattle, WA 98104 Phone: 206 -263 -2122 Email: tina.keller @kingcounty.gov II I ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10 of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and . Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be 0 accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non - overtime related expenditures must be pre - approved by KCSO. Your request for pre - approval must include: 1) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre - approval in email format. Requests for reimbursement Page 3 of 5 June 29, 2012 19 Cost Reimbursement Agreement from KCSO for the above non - overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM -SO -0200 Seattle, WA 98104 Phone: 206- 263 -2122 Email: tina.keller @kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Forty Four Thousand One Hundred Forty Four Dollars and Eighty Nine Cents ($44,144.89). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2013 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer /detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON - DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non - Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Page4of5 20 June29,2012 Cost Reimbursement Agreement Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant ARTICLE VII. AMENDMENTS _ No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department KING COUNTY SHERIFF'S OFFICE Brian Wilson, Chief of Police Steven D. Strachan, Sheriff Date Date Page 5 of 5 June 29, 2012 21 • EXHIBIT A Verification Request Page:1 Agency: IGng County WA Administrator: King County Phone: 206 263 -2120 Date: 6/29/2012 Sheriffs Office Sheriffs Office RSO - . Unit Offender information Offender Photo Name testing recp, email special Registration # 1374026 MB SSN . 123-12 -1234 DOB Age Alt Reg # Sex Orient Div. LiciState Race No Selection Nat - FBI: Height Hair - State ID:- Wleiglit Eyes Lest Verified: • +\' . Risk/Class. Type. t>Me Comm. for spec recp 0 • • ,. sh it.. NO Employment/School e Address _ Phone ��i;IrpeilriSOr Residence (Bold - Primary Home Address) Street 123 5th ave , Idridand WA 98033 (Home) rr� V Alias N test for spec recp Q Phone (Bold - Primary Contact Numbers) Number Type • . Scam/Tattoos Location Tyre Description Tvpe Description Location Tvpe Description Vehicle Make Model ear License State VIN Comments Offense Pete RS Code/Descriptfk Convicted Released Crime Details 1 do hereby attest, under penalties of perjury, that any and all information contained here is current and accurate on this day of • 20 Offender Signature: Officer Signature: Date Nhtness Signature: Date 22 ►(aaod by oe.ae.w.Ilohe - www.witcheyskins.esm O A R I' can .-30.-3C1.-30.-3C1.-3C1 ° .-30.-3C1.-30.-3C1.-3C1 M oil o [t-n r > b y y Xa - 4 C'=i ell n y b r O y n'mmm0?'mmmmm ,b d H ., d r z �� tii a-' y m O Br z t'y Z :d e� '5 �, cA o Ii O C O Z .. !II t7 4 ( y - � m z 0 y •• A w c., --• t!i 11 11 11 11 . - fj. =oD° r 70 7J a 70 7d� z = U a z z C C C c c X 0crimtfx •• a *C til 0 til d 0 �d O z O nx ❑ y O Ot y y z Om Z El ❑ 0 M ri d . OO -3O� * til n u ,I 0 '"C P') '=J n -10-10-30-10-304 n �Tac Z o,,..,-.30 4 .i NnG� y y Z Z m ra rn T rn ni m ,-1 1., y - C7 v m 0 +7ny 0V1 -3 O ° d O 0.--i. I----1 > > g ; v� oq�y OW CAEn n m O d X O CI t� y ozi Y n t7 id 0 •• O y I Y It n z CA 0 0 b 7) = 7J 7d 77 O cn z z tll r r c r r --3 G rn ° rn — 0 23 • • I 24 COUNCIL MEETING DATE: NIA ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: IDS Hosted PowerDMS Software to be utilized for Accreditation, using State Seizure monies. POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department use available State Seizure /Forfeiture monies to have a Hosted PowerDMS Software Suite with attachments, in order to enhance the re accreditation process and replace the current and soon to be unsupported CASE management system? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: 07/10/2012 Council Committee - (PRHS &PS) CATEGORY: • - ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other— Information Only STAFF REPORT BY: DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo 2. Return on Investment data sheet. 3. Associated documents from parent company to include sole source letter. Options Considered: 1. IDS Hosted PowerDMS Software package MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTOR APPROVAL: Ocka 1 0674.1,6h141 Comm Council Committee Council 4 /4 41 COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 ST reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06f2006 RESOLUTION # 25 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 10, 2012 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: Power DMS software, Hostedby IDS, to enhance the re- accreditation process Background The Federal Way Police department currently uses the outdated and soon to be unsupported software suite CASE in order to manage files and other supporting processes regarding CALEA Accreditation. The new PowerDMS and its attachments would provide a new tool that would increase efficiency and productivity for the CALEA processes that include policy, training and standards. Funding Source The funds for the Hosted Power DMS System and on -going maintenance (annual fee) will come from the current Seizure/Forfeiture account(s). There are sufficient funds available and they will be flagged to pay for future maintenance costs. Power DMS and Attachments / Cost Estimates The purchase option would have 150 licenses available for the entire suite of products. The initial first year cost would be $20,900. The second year would be $2,775, year three $2.775 and year four $5,175 (a standards module is charged every three years). See attached ROI for the on- going costs. If IDS hosts the program for us we would have 150 - 200 licenses available for the entire suite of products. The initial first year cost would be $11,900 (which includes an implementation package where they set it up for us); the second year would be $4,750, year three $4,750, and year four $7,150. See attached Return on Investment (ROI) for the on -going costs. I would recommend that we pay for the first three years up front, which would be $20,900. This gives us a slightly better return on our investment. Even though the purchase suite gives a better return over the fourteen year period, the hosted suite would be a better fit for the City of Federal Way because ultimately programs are generally switched every six to seven years. We would also have a cost savings through IT with the hosted program since IDS would install and maintain the server, as well as, do all upgrades. If we purchase the program IT would have to maintain the server and do all upgrades on it. 1 26 CD m m 0 o�i ni m m CO CD m n i 0)) m 0 n —1 —i m —� z m (n co? - n -n -I —1 O 3 o CD to 3 Efi Ef) EA Eft Eft EA EA Eft 61 Efi 4;03 Ef) Ef, 01 'p O c a N Cn N N al N N to N N Cn N N 0 =1" m CA a V V V V V V V V V v V* I v 0 - Cn to 01 Cn Cn Cn Cn to CA Cn 01 Cn CA O 0 00000000000000 (0 O 0 0 O O 0 O O O 0 O O O O c E0 EH 40 Ef! Eft 40 40 EA EA 40 fA Ef► Ef) Efl `l • O bt' CA0101 AA A CO CO CO NNN CD coco cn to V CnNV la CA WO C1 OD W DDO(O 44 AC) l+. 3) x) C V n 0C N n 0 01001 0 010 0 p 10C V n 0 O 0 0 0 0 0 0 0 0 0 CO 0 0 0 EAEflEft 61 40 69E0 69 401 40 40 401 0 0 N O A V A A V A A V A V O u< Vj V V-►V V V V-+ CC) co Cn Cn Cn Cn to Cn Cn cn CA Cn to O 0 O 0 0 0 0 0 0 0 0 0 0 O' 0 0 0 0 0 0 0 0 0 0 0 o -- 00000000000 0 EA 69 Efi b9 el EfD E I E 1 Eft 69 el Ef9 609 69 C 0 CO V V CA CA Cn A A CO W N N N N la) CO CD CD QD 4t V NCb000 �l O01 - -kWN C710)O is) is) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 00000000000000 O 0 Efi EA Efi 61 Eff Efl 40 Efl 409 IA 409 Eft 69 Efl = O 0 W m AV AAV A AV AAVAA -+ ✓ V 4-a .4 V V 1 .4 IC) 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `— totowfAtotoin 40 40 61 el 60 EA .69 al 0 .* ��t1 CO CO � 0� A 4) 01 CO O W CO mk CA — N C71 4D i7D OD Cfl a) C) CA 13) 0 Cn O to 0 01 O CA O 01 0 01 O cn 0 O 0 0 O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O 0 2 200 E. Robinson St. Suite 525 Innovative Data Solutions, Inc. Orlando FL 32801 800 - 749 -5104 PowerDAIS Product Description/Sole Source Letter PowerDMS Suite (inclusive of POLICY, STANDARDS, TEST, SURVEY and TRAINING) provides an all - inclusive solution for the electronic maintenance and administration of policies, certification and other document -based elements. Administrators can distribute policies, train personnel, and manage the holistic accreditation process, as well as testing and surveying. PowerDMS POLICY incorporates electronic documents with a SQL database. Existing electronic documents can easily be uploaded and distributed through POLICY in the following file formats: PDF, Word, PowerPoint, and HTML When an employee logs in, they have instant access to policies from a web browser. Once they review and understand a new-or revised policy; upon completion, they are prompted for their user name and password to create their electronic "signature" which is then stored in the database. Additionally, documents can easily be authred and sent through an intelligent workflow process to involve necessary personnel in the approval<process. PowerDMS" STANDARDS provides an intelligent approach to the accreditation- management process. Standards manuals can be imported, created, or - subscribed to, and furthermore maintained and distributed vhtually..Corresponding standards - assessment tasks can be assigned to participants, allowing teams to work together and split the standards- compliance workload to keep progress on track. File cabinets can be eliminated once and for all with electronic file-building and integration with PowerDMS"" POLICY, by seamlessly highlighting relevant sections of a document, and receiving alerts on updated POLICY documents used as proofs. Additional innovative features include version tracking and remote review capabilities to help further simplify the accreditation process. PowerDMS TRAINING allows training coordinators to create and track certifications and licensure of its employees. Through customizable courses, online training can also be used to eliminate in -class instruction, allowing for efficient and effective training management. The ability to embed policies, customized tests, surveys, and all variations of media make this module versatile and robust. This product is unique due to its seamless integration, in application, as well as with the unique processes of accreditation by that of the Florida Commission on Accreditation (all programs), CALEA (all programs) and the Commission on Accreditation for Rehabilitation Facilities (select programs), to name a few. Unlike om c etitive platforms PowerDMS integrates to provide proprietary p p g p p p etary finking between industry standards manuals and the documentation residing in the organizations PowerDMS System. Furthermore, in application connectivity exists between the parent modules of POLICY, TRAINING and STANDARDS unlike that of any other competitive solution offering. Our products are a need -based line of software developed by Innovative Data Solutions, Inc. specifically to meet the challenges of policy management, training, and the challenges of obtaining and maintaining accreditation standards in a variety of industries. PowerDMSTM Suite is the only integrated product of its Innovative Data Solutions, Inc. ) 800- 749 -5104 28 200 E. Robinson St. Suite 525 Innovative Data Solutions Inc. Orlando, FL 32801 800 -749 -5104 kind on the market today_ We own the development code for these products and Innovative Data Solutions, Inc. is the sole distributor of the PowerDMS Suite line. Best regards, Innovative Data Solutions, Inc. (IDS) Innovative Data Solutions, Inc. j 800 -749 -5104 29 END USER SOFTWARE I L CENSE AGREEMENT THIS END USER SOFTWARE LICENSE AGREEMENT (this "Agreement ") is entered into on this 22" day of June 2012, by and between INNOVATIVE DATA SOLUTIONS, INC. ( "IDS "), a Florida corporation with its principal place of business at 200 East Robinson Street, Suite 525, Orlando, Florida 32801 -1925, and Federal Way Police Department, a Washington government entity with a principal place of business at 33325 8th Ave. S., Federal Way, Washington 98003. Background IDS has developed PowerDMS Suite, which is a policy management software application (the "Software "). Customer desires to acquire a non- exclusive license to use the PowerDMS Suite software at its Business Location on the terms and conditions set forth in this Agreement. In consideration of the parties' mutual promises contained in this Agreement, the parties, intending to be legally bound, agree as follows: Article 1 Definitions 1.1 "Business Location" means the Customer's facility or facilities. 1.2 "Confidential and Proprietary Information" means any and all IDS software, technology, and related documentation, and other Intellectual Property, and including (a) the Software and Documentation; (b) any business or technical information of IDS that IDS desires to protect against unauthorized use or disclosure, including any information relating to IDS's business processes, operations, product plans, designs, research, development, intellectual property or know -how; and (c) the terms of this Agreement. Confidential Proprietary Information excludes any information that: (w) is or becomes generally known to the public through no fault or breach of this Agreement by Customer; (x) is rightfully l i known by Customer at the time of disclosure without an obligation of confidentiality; (y) is independently developed by Customer without use of or access to the IDS's Confidential Proprietary Information; or (z) Customer rightfully obtains from a third party without restriction on use or disclosure. 1.3 "Customer Contact" means the person designated by Customer as its representative to IDS for dealing with issues relating to the Software and the teens of this Agreement. 1.4 "Customer's Contractor" means any third party which has been engaged by Customer to provide services or equipment enabling the use of, or otherwise related to, Customer's use of the Software. 1.5 "Customer's End Users" has the meaning set forth in Exhibit C. 1.6 "Documentation" means the standard end -user manual and online documentation for the Software, as updated and revised from time to time. 1.7 "Exhibits" means the following exhibits which are incorporated as part of this Agreement: Exhibit A - Term and Fee Schedule Exhibit B - Maintenance and Support Agreement Exhibit C - End User Agreement 1.8 "Intellectual Property" means all inventions, patents, works of authorship, information fixed in any tangible medium of expression, moral rights, mask works, trademarks, trade names, trade dress, trade a 30 {TP621410;1} secrets, know- how, ideas, and all other subject matter protectable under patent, copyright, moral right, mask work, trademarks, trade secret, or other laws, including all new or useful art, combinations, discoveries, formulae, manufacturing techniques, technical developments, artwork, software, programming, applets, scripts, and designs. 1.9 "Maintenance" means the tasks listed in Exhibit A. 1.10 In addition to the definitions above, other capitalized terms will have the definitions given them in various sections of this Agreement. Article 2 License 2.1 Grant of License. IDS hereby grants Customer a non - exclusive license to use the Software, provided that (a) Customer may give access to the Software to users; and (b) Customer complies with the restrictions set forth in Section 2.2 below. 2.2 Restrictions. Copies of the Software created or transferred pursuant to this Agreement are licensed, not sold, and Customer receives no title to or ownership of any copy or of the Software itself or to any other Confidential Proprietary Information. Furthermore, Customer receives no rights to the Software or any other Confidential Proprietary Information other than those specifically granted in this Section 2. Without limiting the generality of the foregoing, Customer will not nor permit anyone else to: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Software or any other Confidential Proprietary Information; (b) use the Software or any other Confidential Proprietary Information for service bureau or time - sharing purposes or in any other way allow third parties to exploit the Software or any other Confidential Proprietary Information; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software's source code; or (d) remove any copyright, trademark, servicemark, or other proprietary notices of IDS or other third parties relating to the Software or any other Confidential Proprietary Information. 2.3 [Intentionally Omitted]. Article 3 Customer's Cooperation 3.1 Customer's Cooperation. Customer will cooperate with IDS, and its employees and contractors, in all ways reasonably necessary to enable IDS to perform its duties under this Agreement. Without limiting the foregoing, Customer will: (a) provide IDS with timely, complete, and accurate information, data, and documentation, where such information, data, or documentation is requested by IDS to perform its duties; (b) provide Customer, and its employees and contractors, with access to the Business Location all premises as reasonably required by IDS to perform its duties; and (c) fulfill any other requirements of Customer set forth in this Agreement. 3.2 Dependence on Customer. The parties agree that Customer will bear the risk of any delays, expense increases, or other adverse effects on IDS's ability to timely perform its duties to the extent attributable to the failures, delays, acts, or omissions of Customer, Customer Contact, or any of Customer's Contractors. Article 4 Maintenance and Support 4.1 Maintenance and Support. IDS will provide maintenance and support to Customer, in accordance with the fees set forth in Exhibit A, and the terms and conditions set forth in Exhibit B. All maintenance and support will be provided in accordance with IDS's applicable maintenance and support policy then in effect, and are subject to Customer's ongoing compliance with the terms of this Agreement. Without limiting the generality of the foregoing, IDS shall have no obligation of any kind to provide maintenance {TP621410;1) 31 2 or support for problems in the operation or performance of the Software caused by any of the following: (a) modifications to the Software not made by IDS or a party expressly authorized by IDS; or (b) Customer's use of the Software other than as authorized in this Agreement or as provided in the Documentation. In the event that IDS does provide maintenance or support in response to a problem that is determined, in IDS's reasonable discretion, to have been caused by any of these factors, LDS will have the right to invoice Customer for such maintenance and support. Article 5 Payment 5.1 Fees. Customer will pay to IDS the fees specified in Exhibit A. Except as otherwise provided in Exhibit A, Customer shall pay all invoiced amounts no later than thirty (30) days after Customer's receipt of an invoice. All payments shall be made in U.S. currency. All past due amounts will incur interest at a rate of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less. 5.2 Taxes. All fees payable under this Agreement are net amounts and are payable in full, without deductions for any sales, use, excise, value- added, withholding, or similar taxes or duties that may be applicable. Customer will be responsible for, and will promptly pay, all taxes and duties of any kind associated with this Agreement, except for taxes based on IDS's net income. In the event that IDS is required to collect any tax for which IDS is responsible, Customer will pay such tax directly to IDS. If Customer pays any withholding taxes that are required to be paid under applicable law, Customer will furnish IDS with written documentation of all such payments, including receipts. Article 6 Use of Confidential Proprietary Information 6.1 Use of Confidential Proprietary Information. Customer will not use Confidential Proprietary Information except as expressly permitted by this Agreement, and will not disclose Confidential Proprietary Information to any third party except to employees and consultants as is reasonably required in connection with the exercise of its rights and obligations under this Agreement (and only subject to binding use and disclosure restrictions at least as protective as those set forth in this Agreement executed in writing by such employees and consultants). However, Customer may disclose Confidential Proprietary Information: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that Customer gives reasonable notice to IDS to contest such order or requirement and (b) otherwise to the extent expressly authorized in writing by IDS in advance. Article 7 Representations; Disclaimer of Warranties and Limitation of Liability 7.1 Representations. IDS represents that it is the owner of (or has a valid license thereto) the Software and of each and every component of the Software. 7.2 No Warranties. IDS provides this license to use the Software strictly on an "AS IS" and "AS II I AVAILABLE" basis without any express guarantee or assurance of quality, reliability, or functionality. Except as expressly set forth in this Agreement, Customer accepts all risk, including all risk with respect to suitability, use of the Software. IDS does not warrant that the Software will perform without error or that it will run without immaterial interruption. IDS provides no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Software made by anyone other than Provider, unless Provider approves such modification in writing; or (ii) use of the Software in combination with any operating system not authorized in the Documentation or with hardware or software specifically cautioned against in the Documentation. 32 (TP621410;t} 3 IDS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, CONDITIONS, AND REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, AND IDS'S OTHER PRODUCTS AND SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 7.3 No Liability. IDS will not be liable for any damage that Customer or any Customer's End Users may suffer arising out of use, or inability to use, the Software. Except for intentional acts by IDS personnel, IDS will not be liable for unauthorized access to or alteration, theft or destruction of Customer's, Customer's End Users', or any other third party's data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of IDS's negligence. IDS shall not be liable for indirect, consequential, incidental, or special damages even if advised of the possibility in advance. IDS shall not be liable for any lost property or data of Customer, Customer's End Users, or any other third party. IN NO EVENT WILL IDS'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE OF FEES PAYABLE TO IDS PURSUANT TO THIS AGREEMENT (INCLUDING FEES BOTH PAID AND DUE) AT THE TIME OF THE EVENT GIVING RISE TO THE LIABILITY; AND IN NO EVENT WILL IDS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 7.3 APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF CUSTOMER'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. 7.4 Customer Responsibility. Customer is solely responsible for ensuring that Customer, and Customer's End Users, comply with all applicable local laws relating to the use of the Software, and compliance with the terms of this Agreement. Customer further agrees to comply with all other applicable laws, including federal and international laws, statutes, rules and regulations relating to Customer's use of the Software and the terms of this Agreement, and agrees to ensure that Customer's End Users do the same. In addition, Customer is responsible for observing all applicable tariffs and trade laws, and agrees to ensure that all Customer's End Users do the same. Article 8 Transmission of Data 8.1 Customer consents to the transmission of its data and communications to and from IDS through the use of electronic mail via the Internet. Article 9 Nonexclusivity 9.1 IDS may license the Software and any other software, products, or services to other parties, and allow other parties to market and promote the Software and any other software, services, or products as IDS deems advisable in its sole discretion. {TP62141 0;1} 33 4 Article 10 Export/Import Laws 10.1 Customer agrees to comply with all export and import laws, regulations and restrictions of the United States and its agencies or authorities, and shall not export, re -export or permit downloading of the Software or any other of IDS's products in violation thereof, or without all required approvals, licenses, and exemptions. Customer may not export, re -export or permit downloading of the Software or any other IDS products to any person, end -user or entity in, or a national or resident of any country subject to United States export restrictions or embargoes. Article 11 Recruitment 11.1 During the Term of this Agreement and for a period of two (2) years thereafter, Customer agrees not to directly or indirectly call upon, solicit, recruit, or hire any person who is or was an employee or contractor of IDS for the purpose of having such person work as an employee or contractor for Customer. Customer agrees that this provision is reasonable in light of IDS's responsibilities in this Agreement and the concentration of expertise by IDS in a core group of individuals. Article 12 Term and Termination 12.1 Term. This Agreement will have such renewals as specified in Exhibit A. 12.2 Termination. a. Either party may terminate this Agreement at any time in the event that the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof or, if the breach cannot reasonably be cured during such period, fails to begin diligent efforts to cure that breach during such period and continue with such efforts until the breach is cured. b. If Customer enters into liquidation, whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior written approval IDS), or compounds with or makes any arrangement with its creditors otherwise than in the ordinary course of business or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver, or administrator appointed over the whole or substantially the whole of its business or assets, or if it ceases or threatens to cease to carry on its business, IDS may terminate this Agreement immediately. c. IDS may terminate this Agreement at any time without prior notice in order to: (i) comply with any law, regulation, court order, or other governmental request or order which requires immediate action; or (ii) otherwise protect IDS from imminent legal liability on the advice of its counsel. 12.3 Effect of Termination. Upon termination of this Agreement for any reason, all outstanding amounts due IDS by Customer will immediately become due and payable. In addition, except for the provisions set forth in Section 13.5, all rights and obligations of the parties hereunder will automatically cease. Furthermore, upon such termination, the licenses granted to Customer in this Agreement will terminate and Customer will cease all use of the Software and delete all copies in its possession or control. Customer shall return to IDS all copies of the Documentation and any other Confidential Proprietary Information in Customer's possession or control and will provide IDS with an officer's written certification, certifying that the requirements of this Section 13.3 have been complied with. 34 (TP621410;1} 5 12.4 Non - Exclusive Remedy. Except as otherwise set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. 12.5 Survival. The following provisions of this Agreement will survive any termination of this Agreement: Sections 1, 6, 8, 12, 13, and 14. Article 13 General Provisions 13.1 Notices. All notices, requests, demands, claims, and other communications hereunder shall be in writing and shall be delivered by certified or registered mail (first class postage pre - paid), guaranteed overnight delivery, electronic mail, or facsimile transmission if such transmission is confirmed. The street addresses of the parties set forth in the introductory paragraph of this Agreement or at such electronic mail addresses or facsimile numbers as the parties give each other from time to time. Notice shall be deemed given on the date sent if sent by electronic mail or facsimile transmission and on the date delivered (or the date of refusal of delivery) if sent by overnight delivery or certified or registered mail. 13.2 Absence of Third Party Beneficiary Rights. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other right of any kind in any third party, and all terms and provisions hereof shall be personal among the parties to this Agreement. 13.3 Waiver. No failure to exercise, and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the parties under this Agreement are in addition to all other rights and remedies, at law or equity, which they may have against each other. 13.4 Binding Effect: Assignment. The rights and obligations of this Agreement may be assigned, delegated, or subcontracted by IDS without the prior consent of Customer. Customer may not assign, delegate or subcontract this Agreement or any rights or obligations under this Agreement. • 13.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. A facsimile signature of any party shall be considered to have the same binding legal effect as an original signature. 13.6 Interpretation. The terms that are defined in this Agreement may be used in the singular or the plural, as the context requires. When a reference is made in this Agreement to an article, section, paragraph, clause, schedule or exhibit, such reference shall be deemed to be to this Agreement unless otherwise indicated. The headings contained herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement or the schedules. Whenever the words "include," "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation." 13.7 Construction. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shalt be construed as if drafted jointly by the parties and no presumptions or burdens of proof (TP621410;11 35 6 shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. If any party has breached any representation, warranty, or covenant contained herein in any respect, the fact that there exists another • representation, warranty, or covenant relating to the same subject matter (regardless of the relative levels of specificity) which the party has not breached shall not detract from or mitigate the fact that the party is in breach of the first representation, warranty, or covenant. The mere listing (or inclusion of copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made in this Agreement (unless the representation or warranty relates solely to the existence of the document or other items itself). 13.8 Governing Law: Choice of Forum: No Jury Trial. This Agreement has been entered into in the State of Florida, and validity, interpretation, enforcement, and legal effect of this Agreement shall be governed by the laws of the State of Florida, as it applies to a contract executed, delivered, and performed solely in such state with respect to the determination of any claim, dispute, or disagreement that arises out of the interpretation, performance, or breach of this Agreement. Any such claim, dispute, or disagreement shall be heard by a court of competent jurisdiction in Orange County, Florida, and all parties consent to personal jurisdiction in Orange County, Florida for any such claim, dispute, or disagreement, or any attempt to recover losses, relating to this Agreement. WAIVER OF JURY TRIAL: THE PARTIES ACKNOWLEDGE THAT ALL CLAIMS, DISPUTES, RIGHTS, OBLIGATIONS, OR COMPENSATION ISSUES WHICH MAY ARISE UNDER THIS AGREEMENT SHOULD BE ADJUDICATED BY A COURT, WITHOUT A JURY. THEREFORE, TILE PARTIES WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY REGARDING THIS AGREEMENT. NEITHER PARTY NOR ANY HEIR, SUCCESSOR, OR ASSIGNEE SHALL SEEK A TRIAL BY JURY IN ANY LAWSUIT OR PROCEEDING (WHETHER AT LAW OR IN EQUITY, WHETHER DIRECT OR COLLATERAL, WHETHER IN CONTRACT OR IN TORT) ARISING OUT OF OR OTHERWISE INVOLVING THIS AGREEMENT. 13.9 Severability. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement. If any provision of this Agreement, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. 13.10 Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. 13.11 Attomey's Fees. In the event that any dispute between IDS and Customer should result in litigation or arbitration, the prevailing party to such dispute shall be entitled to recover from the other party all reasonable fees, costs, and expenses of enforcing any right of the prevailing party, including reasonable attorney's fees, expert witness fees, and expenses. Attorney's fees and costs include costs for such items for any appeals. 13.12 Integration and Modification. This Agreement constitutes the complete and entire agreement of the parties hereto and supersedes all prior representations, proposals, discussion, whether oral or in 36 (TP621410;1} 7 writing. Except as otherwise expressly set forth in this Agreement, this Agreement may be modified solely through a written document executed by the parties to this Agreement, with the same formalities as were used in the execution of this Agreement. • 13.13 Force Majeure. Except for the payment of money as required of Customer by this Agreement, neither party shall be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulations, laws, judgments or government instructions. Executed by the parties as of the day and year set forth above. INNOVATIVE DATA SOLUTIONS, INC. FEDERAL WAY POLICE DEPARTMENT Print: r42 / gi 'n Print: By: �---` ,/a Title: V a. fre,e Title: Kfji 0/ V Date: o - /5-/(0. Date: `f ' yid /A 37 (TP621410;11 8 EXHIBIT A — TERM AND FEE SCHEDULE 1. Term. The term of this Agreement will commence on June 22 2012 (the "Effective Date ") and shall continue in force for three (3) years, unless terminated prior to that date as provided in Section 13.2. This Agreement shall be automatically renewed for successive one (1) year terms unless either party, in its discretion, notifies the other party, in writing, to the contrary within at least thirty (30) days prior to the expiration of the current term. The initial term and any renewal terms shall be referred to herein as the "term" or "Term." Notwithstanding the above, this Agreement shall automatically terminate if for any reason IDS ceases to have the rights to license the Software. 2. [Intentionally Omitted] 3. [Intentionally Omitted] 4. Maintenance and Support Fees. Customer shall pay maintenance and support fees as follows: First year orrhoarding and tiee ovation loran inlegased SDMS solution urm ont oedemayoapianae ,d tp pg 050000 1.00 $9,810.00 =cedes Management. employee seining. and segutatiay dents 011100114r Distort* ousom Lao 01.9011.001 Fowerainec.n and Armlet ,OMS.iIS Actual Plowarail oom subtaiption lee. 3rd year *4.790.00 2.00 *9.500.00 Sdosaweart Fee An anal license. Powe STAADNEScarsrs sTMD taxi" proaeenes an dWhocarnpidncedocumentsby�ew Wils ey 0000 300 $200000 STANDARDS >rtatrdsds. Alois 0102111d ST subset* to manuals ontie KdLSTART moo* rop reoini on to Sour hours Ain 30 days cf stamp) Induces dsttorery on doctor +t SSP KickSTART ervironnent. assistance silk Mai s+er setup. rarytaoe *500.00 100 *300.00 mien, sdveduHng of tramg and dernonersion of bringing /VD ihe sysiern Desaapron Ongoing cost se be *1.750 Taal Puce *20,000.00 5. Subject to Annual Appropriation. Any financial obligations of the Customer not to be performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Customer hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability in any ensuing fiscal conflicting provisions in the Agreement establishing any monetary obligation beyond the current fiscal year. 38 {TP621410;11 9 EXHIBIT B - MAINTENANCE AND SUPPORT 1. Overview. During the term of this Agreement, IDS agrees to use commercially reasonable efforts to make sure that the Software performs in accordance with IDS's Documentation. IDS will maintain the Software: during each renewal term, unless Customer cancels Maintenance at feast 30 days before the start of any renewal term. After termination of Maintenance, Customer may renew Maintenance at any time subject to the payment of any applicable renewal fee. 2. Software Maintenance. The following terms and conditions describe the software maintenance and support services to be provided by IDS to Customer. a. IDS will work directly with Customer Contact to support Customer as set forth in this Exhibit C. b. IDS will notify Customer of known problems with the Software and the steps, if any, then being taken to resolve such problems. c. IDS shall use commercially reasonable efforts to promptly correct reproducible significant programming errors in the Software that Customer or Customer's End Users have identified, classified, and reported to IDS. d. IDS shall not be responsible for providing maintenance and support services for items of software and hardware that it does not provide under this Agreement. 3. Resolution Process. When a new problem with the Software is identified by Customer or by a Customer's End User, and the problem cannot be resolved through Customer's reasonable efforts, the problem must be verified, reproduced, and documented by Customer Contact who will contact IDS via telephone or email, and will provide IDS with a record of all pertinent configuration details, failure information, symptoms, and attempted remedial efforts. IDS will open a case and research the issue. The case may be resolved through documentation or additional instruction on Software usability. If it is determined that the case is caused by a programmatic error, the Customer Contact will work with LDS to determine the best viable working solution until the case can be resolved on a more permanent basis via a programmatic fix or a viable circumvention. {TP621410; t } 39 10 EDIT C - END USER AGREEMENT The following terms and conditions govern Customer's use of the Software ( "End User Agreement ") by Customer. IDS may amend the End User Agreement from time to time by providing Customer with notice of such an amendment, by electronic mail or otherwise. 1. General. The Software functions as a forum for authorized users to post and review information and documents and communicate regarding policy management issues. 2. End Users. a. Defined. End Users shall include both Customer, and certain employees, agents, affiliates of Customer, and clients of Customer, to which Customer grants use of the Software in accordance with this Agreement ( "Customer's End Users "). Customer agrees that Customer must itself determine whether Customer can share access to and/or use of information posted via the Software with any Customer 's End User. Upon execution of this Agreement, Customer shall provide IDS with documentation that generally identifies those individuals that Customer intends to be Customer's End Users, which shall be supplemented with any additional Customer's End User. b. Responsibility for Customer's End Users. Customer shall be solely and entirely responsible for the acts or omissions of all Customer's End Users, and will ensure that all Customer's End Users comply with all of the terms and conditions of this Agreement. IDS does not endorse the quality or accuracy of the information provided by any of the Customer's End Users. IDS is not liable or responsible for any Customer's End User's postings or communications, other acts, or omissions, including the quality or accuracy of any information posted via the Software. hi the event of any dispute between Customer and a Customer's End User, Customer agrees to release and hold harmless IDS, its directors, shareholders, officers, agents, and employees from any claims and damages of every nature (including actual, special, incidental and consequential damages), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute. 3. Confidentiality. Customer and Customer's End Users agree to not disclose any Confidential Proprietary Information of IDS, including a user name or password, even within Customer's own organization, except on a need -to -know basis, and agrees to ensure that all other End Users do the same. 4. Passwords and Security. Customer shall not allow any third party (other than a Customer's End User) to access the Software using a user name and password of Customer. Customer is solely and entirely responsible for any use of the Software via a user name and password of Customer or a Customer's End User. Immediately upon discovery of unauthorized use of a user name and password of Customer or a Customer's End User, Customer will promptly take appropriate steps that a new password may be issued. Customer will be liable for any unauthorized use of the Software. Customer agrees to not invade a Customer's End User's privacy in violation of any law or regulation. 5. Information Posted via the Software. a. IDS will not review the substance of postings via the Software. As such, Customer must be careful in dealing with Customer's End Users to recognize the possibility that Customer's End Users' postings and other information may be, despite the prohibitions set forth in this Agreement, harmful, inaccurate, or deceptive. 40 (TP621410;1) 11 b. Customer is solely responsible for information that it posts via the Software. IDS does not endorse or attest to the accuracy of any information posted via the Software by End Users or third parties. d. Posting Guidelines. Customer shall establish and enforce appropriate posting guidelines with respect to posts made via the Software. 6. Customer Representations. Customer represents, warrants and agrees that it will not use, or permit any Customer's End User to use, the Software in any manner that is in violation of any applicable law or regulation or applicable professional or ethical standard or policy relating to the Customer and its business. 7. No Resale of Access to the Software. Customer's license to use the Software is limited solely to Customer as provided in this Agreement Customer may not reproduce, duplicate, copy, sell or resell access to or use of the Software, without the advanced, express written consent of IDS. 8. Intellectual Property Matters. All third party content posted via the Software is the property of the respective copyright owners and may not be copied or distributed in any way for commercial purposes. To enable IDS to use intellectual property that may be provided by Customer to IDS in connection with the use of the Software without violating any rights Customer has in the intellectual property, Customer grants to IDS a non - exclusive, worldwide, perpetual, revocable, royalty-free right to exercise the rights Customer has in any such intellectual property provided to IDS. 9. Data. If Customer decides to discontinue services at any time, Customer would be able to retrieve all their data. Customer will be entitled to all of their information that was input into the system and allowed to retrieve all information and data within 90 days after the agreements termination. (TP621410; I } 41 12 I i 42 COUNCIL MEETING DATE: August 7, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: OTHER — CRIMEREPORTS.COM COUNCIL DEMONSTRATION POLICY QUESTION: Should the City of Federal Way Police Department demonstrate recently implemented web -based crime statistics software to full Council? COMMITTEE: Council Committee — PRHSPS MEETING DATE: July 30, 2012 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other - DEMONSTRATION STAFF REPORT BY: Cathy M. Schrock, Civilian Operations Manager DEPT: Police Attachments: 1. PRHSPS Staff Memo OPTIONS CONSIDERED: 1. APPROVE THE FEDERAL WAY POLICE DEPARTMENT TO CONDUCT A DEMONSTRATION OF CRIMEREPORTS.COM TO FULL COUNCIL. 2. DENY DEMONSRATION STAFF RECOMMENDATION: Staff recommends Option 1. Mayor Approval: DIRECTOR APPROVAL:,i't . U VA/4J '7� 7>/}1� Conunitt Counci Committee Council COMMITTEE RECOMMENDATION: I MOVE APPROVAL OF OPTION 1 TO DEMONSTRATE THE RECENTLY IMPLEMENTED WEB -BASED CRIME STATISTICS SOFTWARE TO FULL COUNCIL. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I MOVE APPROVAL TO CONDUCT A DEMONSTRATION OF CRIMEREPORTS.COM TO FULL COUNCIL. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 43 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 30, 2012 TO: Parks, Recreation, Human Services and Public Safety Council Committee FROM: Brian J. Wilson, Chief of Police SUBJECT: OTHER - Demonstration of CrimeReports.com . Background In February 2012 Council approved an annual subscription to CrimeReports.com. The service that went live June 12, 2012 is designed to provide real -time crime incident data occurring in Federal Way. The widespread use of CrimeReports.com in the Puget Sound region is a great benefit to our citizens and businesses. Prospective businesses or citizens can review accurate; real time criminal activity. Thus providing citizen's a better perspective of crime because they will fluidly be able to view not only Federal Way, but several nearby cities. All registered sex offenders in King County are also listed through CrimeReports.com. Program Description: Web -based crime mapping program for citizens and businesses of Federal Way. Three -year subscription cost $5,731.20 Program Need: This technology investment will increase economic efficiency by enhancing safety through education and knowledge, creating efficiencies that allow officers and staff more time serving the citizens of Federal Way. The demonstration will quickly highlight how a citizen/business can enter their target location and immediately gain access to the past six months of crime data. These requests have routinely be handled by Crime Prevention/Analyst staff. 1 44 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: DEA — State and Local HIDTA Task Force Agreement POLICY QUESTION: COIVIMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: July 30, 2012 Council Committee - (PRHS &PS) CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution El Other — Information Only STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department Attachments: 1. State and Local HIDTA Task Force Agreement Narcotics and dangerous drugs have a detrimental effect on the health and well being of not only the Citizens in Federal Way but all people throughout Washington and beyond. The US Department of Justice, Drug Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and dangerous drugs. The Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on February 8, 2010 and FWPD entered into an Agreement with the State and Local HIDTA for the reimbursement of overtime for the Officer. The attached Agreement is a continuation of our efforts to control the trafficking of drugs. This Agreement, which takes effect on October 1, 2012, will continue to reimburse FWPD for the Officer's overtime up to $17,202.25 Options Considered: .MAYOR'S RECOMMENDATION: N/A MAYOR'S APPROVAL: � � /a DIRECTOR APPROVAL: .9,14/ 'A/At Wizt Commi Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading © TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE 11 REVISED — 08/12/2010 RESOLUTION # 45 LOileo l STATE AND LOCAL HIDTA TASK FORCE AGREEMENT 2 This agreement is made this first (1 day of October 2012; between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Federal Way Police Department (hereinafter "FWPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking m narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1. The DEA SeaTac HIDTA Task Force (Group D22) will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Washington. 2. To accomplish the objectives of the SeaTac HIDTA Task Force (Group D22), the FWPD agrees to detail one (1) experienced officer(s) to the SeaTac HIDTA Task Force (Group D22) for a period of not less than two years. During this period of assignment, the FWPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The FWPD officer(s) assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The FWPD officer(s) assigned to the task force shall be deputized as task force officer(s) of DEA pursuant to 21 USC 878_ 5. To accomplish the objectives of the SeaTac HIDTA Task Force (Group D22), DEA will assign three Special Agents to the task force. HIDTA will also, subject to the availability of � 3 () P� g subject tY annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and eight (8) officer(s) assigned to the task force. This support will include: office space, office supplies travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 46 6. During the period of assignment to the SeaTac HIDTA Task Force (Group D22), the FWPD will remain responsible for establishing the salaries and benefits, including overtime, of the one officer(s) assigned to the task force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the FWPD for overtime payments made by it to the one officer(s) assigned to the SeaTac HIDTA Task Force (Group D22) for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $ 17,202.25, per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the FWPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The FWPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The FWPD shall maintain all such reports and records until all audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The Federal Way Police Department (FWPD) shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The FWPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. The FWPD understands and agrees that HIDTA will provide the SeaTac HIDTA Task Force (Group D22) Officer(s) with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor 47 tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) -HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD personnel, in addition to whatever accident reporting requirements the FWPD may have. 14. While on duty and acting on task force business, the FWPD officer(s) assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business., The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2013. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by Federal Way Police Department (FWPD) during the term of this agreement. For the Drug Enforcement Administration: Date: Matthew G. Barnes SAC For the Federal Way Police Department Date: Name: Wilson • Title: Chief of Police 48 U.S. DEPARTMENT OF JUSTICE r•' OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government wide Department and Suspension (Nonprocurement) and Govemment -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public (Federal State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust g As required opbyyraSection 1352 Title 31 U.S. Code, and statutes or commission of embezzlement, theft, _ forgery, implemented at 28 CFR Part 69, for 28 CFR Part 69, the ea��nt agreement certifies ov that Co ons into at bribery, or falsification o receiving s destruction property marang false No Federal appropriate funds have been (c) Are not presently indicted for or otherwise criminally or { a appr p paid or will be civil charged by a governmental a (Federal, State, or Paid. by or on behalf of the undersigned, to any person for in- local) with commission of any of the o enumerated in fluencing or attempting to influence an officer or employee of paragraph (1 Xb) of this certification; and any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- (d) Have not within a three -year period preceding this applica- nectron with the making of any Federal grant, the entering into ion had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and renewal, amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an (b) If any funds other than Federal appropriated funds have explanation to this application. been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of. Congress, an officer or employee of Congress, or 3. DRUG -FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of As required by the Drug -Frye Wor Act of 1988, and Lobbying Activities," in accordance with its instructions; implemented at 28 CFR Tart 67, Subpart F for grantees ` 20 - as (c) The undersigned shall require that the language of this cer- defined at 28 CFR Part 67 Sections 67.615 and 67.6 ffiption be induded in the award documents for all subawards A. The applicant certifies that it will or will continue to provide at all tiers (including subgrants, contracts under grants and a drug -free workplace by cooperative reements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or 2. DEBARMENT SUSPENSION, AND OTHER use a ce and spaec substance a is ction s prohibited will in the grantee's ainst RESPONSIBIUT1 MATTERS specifying violation tuc as that Hfl be taken against (DIRECT RECIPIENT) em)) p yeas for violation oTT such prohibition; required by Executive Order 12549, Debarment and inform employees abo on-going drug -free awareness program to Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in prima covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; 28 CFR Part 67, Section 6.510- (2) The grantee's policy of maintaining a drug -free workplace; A The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, (3) Any available drug counseling, rehabilitation, and employee T , proposed for debar- assistance programs; and ment dedared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily exduded (4) The penalties that may be imposed upon employees for from covered transactions by any Federal department drug abuse violations occumng in the workplace; or agency; (c) Making it a requirement that each employee to be engaged (b) Have not within a three -year period preceding this applica- in the performance of the grant be given a copy of the state - fion been convicted of or had a civil judgment rendered against ment required by paragraph (a); them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- )JP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061 /4 WHICH ARE OBSOLETE 49 (1) Abide by the terms of the statement; and 2800 South 192nd Street (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace Suite 204 no later than five calendar days after such conviction; SeaTac, WA 98188 (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (dX2) from an Check ❑ if there are workplace on file that are not identified employee or otherwise receiving actual notice of such conic- here. tion. Employers of convicted employees must provide notice, position title to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal N.W., Washington O.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be induded with each ap- tification number(s) of each affected grant plication for Department of Justice funding. States and State (f) Taking one of the following actions, within 30 calendar agencies may elect to use OJP Form 4061/7. days of receiving notice under subparagraph (dX2), with Check ❑ if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. (1) Taking appropriate personnel action against such an employee, up to and including termination consistent with the DRUG -FREE WORKPLACE requirements of the Rehabi ltatiion Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a As required by the Drug Free W • • r ace Act of 1988, and drug abuse assistance or rehabdilation program approved for implemented at 28 CFR -Part 67, Su • • - rt F, for grantees, as such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67. • 15 and 67.620 - ment, or other appropriate agency; A. Asa condition of the grand, I certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, .posses - free workplace through implementation of paragraphs (a), (b), slop, or use of a controlled substance in condition any (c), (d), (e), ra ) and (f). activity with the grant, and B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, 1 - the specific grant will report the conviction, in writing, within 10 calendar days of the conviction to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Federal Way Police Department 33325 8th Ave South Federal Way, WA 98003 2. Application Number and /or Project Name 3. Grantee IRSNendor Number DEA SeaTac HIDTA Task Force (Group D22) 4. Typed Name and Title of Authorized Representative Brian Wilson Chief of Police - Federal Way Police Department 5. Signature 6. Date 7iv1 5 0 COUNCIL MEETING DATE: August 7, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CINGULAR WIRELESS (AT &T) SITE LEASE RENEWAL - SAGHALIE PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PARKS RECREATION HUMAN SERVICES& PUBLIC MEETING DATE: July 3, 2012 SAFETY - CATEGORY: E Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patricia Richardson DEPT: Law Cingular Wireless (AT &T) entered into a Lease Agreement with the City on May 28, 2002 for installation and operation of certain equipment on City owned land located in Saghalie Park for use in connection with its wireless telephone communications service. The lease was renewed in 2007 and the current rental rate is $2,309.19. This rate will increase 4% each year The lease will expire on September 1, 2012 and Cingular has requested to renew the lease for an additional five year term pursuant to the terms of the lease. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reject the lease renewal. MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. p p MAYOR APPROVAL: j !��� DIRECTOR APPROVAL: 1 i- I rlr— Can e Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the Second Amendment to the Cingular Wireless Site Lease at Saghalie Park, beginning September 1, 2012 and terminating on August 31, 2017, and authorize the Mayor to sign said amendment." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: O APPROVED COUNCIL BILL # O DENIED I reading O TABLED/DEFERRED/NOACTION Enactment reading O MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/0612006 RESOLUTION # 51 AG # 02-061 / Saghalie Park Market: WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA #: WA-696 / 10032282 SECOND AMENDMENT TO SITE LEASE AGREEMENT (AG # 02 -061) This Second Amendment ( "Amendment ") is dated effective this day of Y 2012, and is entered into by and between the City of Federal Way, a Washington municipal corporation ( "City "), and New Cingular Wireless PCS, LLC, a Delaware limited liability company( "Tenant "). A. The City and Tenant entered into a Lease Agreement dated effective May 28 2002 and commencing on September 1, 2002, as amended by First Amendment dated effective September 1, 2007, whereby the City agreed to lease to Tenant a portion of the space on and air -space above the City Property, located in Saghalie Park ( "Lease ") B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 2b.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years from the date this Amendment is fully executed. 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: 1. Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2012, and expiring August 31, 2017, unless renewed pursuant to the terms of the Lease Agreement. 2. Notices. Section 18 of the agreement shall be amended to change the notice address for the City and Tenant as follows: 52 - 1 - AG # 02 -061 / Saghalie Park Market WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA #: WA -696 / 10032282 Mayor City of Federal Way 33325 8 Ave. South Federal Way, WA 98003 With a copy to: City Attorney City of Federal Way 33325 8 Ave South Federal Way, WA 98003 If to TENANT: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # WA -677 Cell Site Name: Steele Lake Fixed Asset #: 10031010 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site # WA -677 Cell Site Name: Steele Lake Fixed Asset #: 10031010 (U.S. Mail) PO BOX 97061 Redmond, WA 98073 -9761 (overnight courier) 16331 NE 72 Way, RTC 1 Redmond, WA 98052 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. 2 - 53 AG # 02-061 / Saghalie Park Market: WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA #: WA-696 / 10032282 DATED the effective date set forth above. CITY OF FEDERAL WAY By: Skip Priest, Mayor 33325 8 Ave South Federal Way, WA 98003 ATTEST: APPROVED AS TO FORM: Carol McNeilly, CMC, City Clerk Patricia A. Richardson, City Attorney 54 3 - AG it 02-061 / Saghalie Park Market: WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA #: WA-696 / 10032282 TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: AT &T Mobility Corporation Its: Manager By: Roy Willy Its: Sr. Project Manager Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Roy Willy, to me known to be the Sr. Project Manager of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, 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 she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2012. Patricia J Hunter Notary Public in and for the State of My commission expires K:\Agreements\L ease \Cingular- AT &T\2012 \Cingular lease Amend- Saghalie lease renewal 9- 2012.doc - 4 - 55 COUNCIL MEETING DATE: August 7, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CINGULAR WIRELESS (AT &T) SITE LEASE RENEWAL - SACAJAWEA PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PARKS RECREATION HUMAN SERVICES& PUBLIC MEETING DATE: July 30, 2012 SAFETY CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patricia Richardson DEPT: Law Cingular Wireless (AT &T) entered into a Lease Agreement with the City on May 28, 2002 for installation and operation of certain equipment on City owned land located in Sacajawea Park for use in connection with its wireless telephone communications service. The lease was renewed in 2007 and the current rental rate is $2,309.19. This rate will increase 4% each year. The lease will expire on September 1, 2012 and Cingular has requested to renew the lease for an additional five year term pursuant to the terms of the lease. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reject the lease renewal. MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. MAYOR APPROVAL: / DIRECTOR APPROVAL: I — f7+K Com t ue Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member. PROPOSED COUNCIL MOTION: "I move approval of the Second Amendment to the Cingular Wireless Site Lease at Sacajawea Parr beginning September 1, 2012 and terminating on August 31, 2017, and authorize the Mayor to sign said amendment." (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: O APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 56 AG # 02-060 / Sacajawea Park Market WA/OR/ID Cell Site Name: Steel Lake Cell Site NumberlFA #: WA-677 / 1003 1010 SECOND AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-060) This Second Amendment ( "Amendment ") is dated effective this day of , 2012, and is entered into by and between the City of Federal Way, a Washington municipal corporation ( "City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company( "Tenant "). A. The City and Tenant entered into a Lease Agreement dated effective May 28 2002 and commencing on September 1, 2002, as amended by First Amendment dated effective September 1, 2007, whereby the City agreed to lease to Tenant a portion of the space on and air -space above the City Property, located in Sacajawea Park ( "Lease "). B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and . executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years from the date this Amendment is fully executed. 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: 1. Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2012, and expiring August 31, 2017, unless renewed pursuant to the terms of the Lease Agreement. 2. Notices. Section 18 of the agreement shall be amended to change the notice address for the City and Tenant as follows: 1 - 57 4 • AG # 02 -060 / Sacajawea Park Market: WA/OR/ID Cell Site Name: Steel Lake Cell Site Number/FA #: WA-677 / 10031010 Mayor City of Federal Way 33325 8 Ave. South Federal Way, WA 98003 With a copy to: City Attorney City of Federal Way 33325 8 Ave South Federal Way, WA 98003 If to TENANT: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # WA -677 Cell Site Name: Steele Lake Fixed Asset #: 10031010 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site # WA -677 Cell Site Name: Steele Lake Fixed Asset #: 10031010 (U.S. Mail) PO BOX 97061 Redmond, WA 98073 -9761 (overnight courier) 16331 NE 72 Way, RTC 1 Redmond, WA 98052 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. - 2 - 58 AG # 02 -060 / Sacajawea Park Market WA/OR/ID Cell Site Name: Steel Lake Cell Site Number/FA #: WA-677 / 10031010 DATED the effective date set forth above. CITY OF FEDERAL WAY By: Skip Priest, Mayor 33325 8 Ave. South Federal Way, WA 98003 ATTEST: APPROVED AS TO FORM: Carol McNeil l y, City Clerk Patricia A. Richardson, Attome Y CMC, tY n, City Y - 3 -59 AG # 02-060 / Sacajawea Park Market: WA/01I/ID Cell Site Name: Steel Lake Cell Site Number/FA #: WA-677 / 1003 1010 TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: AT &T Mobility Corporation Its: Manager By: Roy Willy Its: Sr. Project Manager Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Roy Willy, to me known to be the Sr. Project Manager of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, 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 she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2012. Patricia J Hunter Notary Public in and for the State of My commission expires K:\ agreements\ lease \Cingular- AT &T\2012 \Cingular lease Amend- Saghalie lease renewal 9- 2012.doc 60 - 4 -