PRHSPSC PKT 10-08-2012 City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
October 8, 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: September 11, 2012 3 Action N/A
B. Monument Signs Roe N/A Information N/A
C. 2013 CDBG Annual Action Plan Bennett 5 Action Consent
10/16
D. WASPC Grant for Two Portable Breath Test(PBT) Devices Wilson 45 Action Consent
10/16
E. The Commons Mall Services Agreement for Police Services Wilson 51 Action Consent
10/16
F. FY 2012 Edward Byrne Memorial Justice Grant(JAG) Wilson 59 Action Consent
10/16
G. Interlocal Agreement for Services Rendered to Outside Agencies Wilson 63 Action Consent
10/16
H. Washington Traffic Safety Commission(WTSC)Grant—Target Zero Wilson 73 Action Consent
Teams MOU 10/16
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
• Concept of Housing in South King County
• Festival Days
6. NEXT MEETING: Tuesday, November 13, 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 MaryJaenicke,Administrative Assistant II
Linda Kochmar
K:\PRHSPS Committee\2012\100812 prhsps ag.doc
Ills
City of Federal Way
City Council
PARKS,RECREATION, HUMAN SERVICES& PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday,September 11,
2012
5:30 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda,Committee member Freeman.
Committee Member excused: Kochmar
Council members in Attendance: Council member Burbidge
Staff Members in Attendance: Mayor Skip Priest,Cary Roe,Director,Parks&Public Works,Police Chief Brian
Wilson,Pat Richardson,Director/City Attorney,Ray Gross,Emergency Mgmt.Coordinator,and Mary Jaenicke,
Administrative Assistant II.
Guest: None
Chair Honda called the meeting to order at 5:44p.m.
Committee member Freeman moved to amend the agenda to add"Amendment for Roofing Services for The
City of Federal Way",as item G,Chair Honda seconded.Motion Passed.
Chair Honda moved to move items D and E under item A.Committee member Freeman seconded.Motion
passed.
Public Comment: None
Commission Comment:None
APPROVAL OF SUMMARY
Committee member Freeman moved to approve the August meeting summary. Chair Honda seconded.
Motion passed.
BUSINESS ITEMS
Proposed Modification to Federal Way Revised Code 2.05.170 and 2.05.180 Concerning Public Defense
Standards
This item and the Proposed Resolution Establishing a Case Weighting System for Public Defenders were presented
together.Committee member Freeman moved to forward the proposed ordinance to First Reading on
September 18,2012.Chair Honda seconded.Motion passed.
Proposed Resolution Establishing a Case Weighting System for Public Defenders
Mayor Priest reported that this is a very challenging issue. The Court has reservations about any standards.They
believe that the Court is working well and they should have the authority in terms of how action should take place in
the court. In the misdemeanor courts there is an issue of who is in charge for the issue of appropriate public defense.
The Supreme Court said that standards must be developed in order to ensure that Public Defenders have the ability
and capacity to provide the indigent defense.There have been times when public defenders have held too many
cases. The Court could have considered the option of reviewing individual courts that may have problems,but they
chose to provide an order that said local jurisdictions had the responsibility for setting up case load standards. It is
unclear when this must take place.The order says the standards must be in place by October 1,2012. Most
jurisdictions believe that it is October 1,2013. A letter was written to Chief Justice Madsen stating that this is an
issue. Staff also provided them the City of Federal Way standards that are going to be proposed to the Council. The
Supreme Court reviewed the standards,and the city has not received a comment or direction back from them. City
staff will be meeting with the Chief Justice to get clarification on these standards.The other issue is that the City will
be going into a 2 year budget cycle; it was important to come up with the standards to ensure that there would not be
significant changes in the costs for our Public Defenders. 400 hours of staff time have been spent on developing
these standards. A case by case review was done. As a result of the analysis a group of standards were developed.
It was confirmed that the City is providing high quality public defense. The Mayor reviewed the five Policies. The
city applied for and did not receive a grant in the amount of$140,000.Case management is expensive and this is an
unfunded mandate. This will require additional administrative work. Committee member Freeman moved to
forward the resolution adopting a case weighting system for public defense standards to the September 18,
K:\PRHSPS Committee\2012\091 112 min.doc
PARKS,RECREATION,HUMAN SERVICES& PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday,September 11,2012 Summary
Page 2
2012 consent agenda for approval.Chair Honda seconded.Discussion was held,and it was decided to put this on
the City Council Business Agenda. Motion passed.
2012 Emergency Management Performance Grant Award
Mr.Gross provided the background information. The grant will help fund the Emergency Management Specialist
position.This position is essential in keeping the Community Emergency Response Team training and the
Neighborhood Emergency Team program at current levels of performance.The grant will also fund the mass
notification system CodeRed. The total amount of the grant is$37,154,and it requires matching funds. The funds
will come out of 1 time city funding,and other line items. The grant starts on June 1,2012 and will go through
August 31,2013. Historically this position has been funded with this grant. Committee member Freeman moved
to forward the 2012 Emergency Management Performance Grant award to the September 18,City Council
consent agenda for approval. Chair Honda seconded.Motion passed.
King County Regional 800 MHZ Radio System—Poor Radio Signal Coverage in Federal Way
Chief Wilson provided the background information. They have been addressing this issue since the formation of the
Police Department. They have experienced reception and transmission problems on the west side of the city. The
department started looking for a solution in 2005.They have worked with Valley Communications,and King County
Radio Communications. The system has been tested and the conclusion was that there are low levels of usable radio
system. Part of that is due to how the 800 MHZ system was designed.They have continued to conduct tests,and
have consulted with outside engineering firms. In January of 2009 it was recommended that a funding source be
sought in the amount of Six million dollars;this would be necessary to implement an infrastructure solution to
improve signal strength.In the meantime they have done an audit of all of their radios,which resulted in no
noticeable change. It has been suggest that The Next Generation Radio System will be properly designed,but this
could be several years down the road before it is available. Something needs to be done currently that addresses the
risk to public safety and first responders. He discussed the option of reconfiguring the antenna systems at a site near
Federal Way and use the City of Tacoma Simulcast Site. A letter has been sent to Dow Constantine requesting to
address this issue,but they have not heard back from him. Chief Wilson wanted the committee to know that they are
continuing to work on the problem,and he will continue to keep the Council advised on the progress
Proposed Resolution Supporting Efforts to Stop all Bullying within the City
Ms.Richardson presented the background information. October is anti-bullying month. The proposed resolution is
to stop all bullying in the city. This will apply to both students and adults.Committee member Freeman requested a
small change to the Resolution. Committee member Freeman moved to forward the Resolution supporting all
efforts to stop all bullying within the City to the October 2,2012 consent agenda for approval. Chair Honda
seconded.Motion passed.
Amendment for Roofing Services for the City of Federal Way
Mr.Roe presented the background information. The proposed contract amendment will increase the compensation
in the amount of$130,000.00. $90,000 is for the roof repair at the Dumas Bay Centre(DBC)and$40,000 is for
other city facilities in other locations. The funding for the roof repair at DBC will come from the DBC reserves.The
roof over the main building at DBC will be repaired. The work and material will have a 10 year warranty.
Committee member Freeman moved to forward the approval of the proposed contract amendment with
Wright Roofing with a total compensation of$150,000 and authorize the Mayor to execute the amendment to
the September 18,2012 consent agenda for approval.Chair Honda seconded.Motion passed.
NEXT MEETING
October 8,2012
ADJOURNMENT
Meeting adjourned at 6:55p.m.
COUNCIL MEETING DATE: October 16,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:PROGRAM YEAR 2013 CDBG ANNUAL ACTION PLAN
POLICY QUESTION: Should the City Council approve the Community Development Block Grant Annual
Action Plan for Program Year 2013?
COMMITTEE: Parks,Recreation,Human Services&Public Safety MEETING DATE: October 8,2012
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
El City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jay Bennett,Community Services Manager DEPT: Community&Economic
Development Services
Attachments: 2013 Community Development Block Grant Annual Action Plan
Background
HUD's Community Development Block Grant(CDBG)program reporting format is called the Consolidated
Plan.The Consolidated Plan has two components;the five-year Strategic Plan(January 1,2012 to December 31,
2016)and the Annual Action Plan(AAP).The five-year Strategic Plan is the overall framework of goals for the
CDBG program.The Annual Plan outlines specific programs to be implemented that reflect the five-year goals.
Each year,the City Council adopts the Annual Action Plan for CDBG funding.The Plan needs to be adopted and
submitted to HUD by November 15, 2012 in order for the City to qualify for CDBG funding the next year.
Public Notice for comment on the Annual Action Plan was advertised on September 7,2012.The Human
Services Commission reviewed the Draft PY 2013 AAP at their regularly scheduled meeting on September 17,
2012. On October 1,2012,the Human Services Commission held a public hearing to take further comment on
the activities targeted to address priority needs in the areas of community development,housing and public
services,which are integrated into this Action Plan.
As of this date,the City has not yet received HUD confirmation of funding levels for the next program year
because the federal budget has not yet been approved.The PY 2013 AAP budget assumes CDBG funding at the
same equivalent level as PY 2012.
The report complies with the specified format and addresses required subject matters.The three primary HUD
CDBG objectives captured by the Annual Action Plan are Decent Housing(DH), Suitable Living Environment
(SL),and Economic Opportunity(EO).The outcomes that are applicable to each objective are:
Availability/Accessibility(1),Affordability(2),and Sustainability(3). All of these requisites are reflected in
both the project narratives as well as specific objective forms that are part of the fmal plan.
Options:
1. Approve the Program Year 2013 CDBG Annual Action Plan.
2. Direct staff to make changes to the 2013 CDBG Annual Action Plan.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL:
Co mmittee Council ar` 'nee Council
COMMITTEE RECOMMENDATION: I move to forward the Program Year 2013 Community Development Block
Grant Annual Action Plan to the October 16, 2012 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Program Year 2013 Community Development Block
Grant Annual Action Plan."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED-08/12/2010 RESOLUTION#
CITY OF VIIIIIIktmosow/
Federal Way
CDBG
PY 2013 ANNUAL ACTION PLAN
Program Year 2013
CDBG PROGRAM ANNUAL ACTION PLAN
SKIP PRIEST, MAYOR
FEDERAL WAY CITY COUNCIL
Jim Ferrell, Deputy Mayor
Susan Honda Roger Freeman Jeanne Burbidge
Dini Duclos Linda Kochmar Bob C e 1 s k i
City of Federal Way
33325 8th Avenue S
Federal Way,Washington 98003
Contents
EXECUTIVE SUMMARY 6
PUBLIC PARTICIPATION 6
Activity Selection Process 6
Public Comments 7
RESPONSIBLE AGENCY 7
Monitoring 7
Evaluation of Past Performance 7
Rationale for the priorities for allocating investments geographically 8
Description of the geographic areas where assistance is to be directed 8
ALLOCATION PRIORITIES 11
Resources 12
OBJECTIVES&OUTCOMES-PY 2013 13
ACTIONS TO IMPLEMENT ANTI-POVERTY STRATEGIES 17
OBSTACLES TO ADDRESSING UNDERSERVED NEEDS 18
COORDINATION ON PUBLIC HOUSING ACTIVITIES 18
HOMELESS/SPECIAL NEEDS POPULATIONS COORDINATION 18
ACTIONS TO REMOVE BARRIERS TO AFFORDABLE HOUSING 19
LEAD-BASED PAINT HAZARDS STRATEGIES 19
ATTACHMENT A 20
TABLE 3C LISTING OF SPECIFIC PROJECTS 20
Attachment B 32
TABLE 3A SUMMARY OF SPECIFIC ANNUAL OBJECTIVES 32
ATTACHMENT C 35
MAPS OF CITY 35
00£Nr00
rt, y0
* * � SF 424
so The SF 424 is part of the CPMP Annual Action Plan. SF 424 form fields are
9a4N otwtvo included in this document. Grantee information is linked from the 1CPMP.xls
document of the CPMP tool.
SF 424
Complete the fillable fields(blue cells)in the table below. The other items are pre-filled with values from the Grantee
Information Worksheet.
Date Submitted 41pplicant Identifier Type of Submission
Date.Received by state State Identifier Pre-application
Date Received by HUD Federal Identifier D Construction Construction
X Non Construction Non Construction
Applicant Information
Jurisdiction City of Federal Way UOG Code
Street Address Line 1 33325 8th Avenue South Organizational DUNS 61-250-9901
Street Address Line 2 Organizational Unit
Department Community&Economic
City Federal Way Washington Development
ZIP 98003 Country U.S.A. Division Community Services
Employer Identification Number(EIN): County King
91-1462550 Program Year Start Date(MM/DD)01/01
Applicant Type: Specify Other Type if necessary:
Local Government:C-Municipal Specify Other Type
U.S. Department of
Program Funding Housing and Urban Development
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);Areas Affected by
Project(s)(cities,Counties, localities etc.); Estimated Funding
Community Development Block Grant 0218
CDSG Project Titles Annual lit Entitlement Grant Description of Areas Affected by CD tSiolect(s
City of Federal Way
$CDBG Grant Amount$576,450 $Additional HUD Grant(s)Leveraged Describe$0
$Additional Federal Funds Leveraged$0 $Additional State Funds Leveraged$0
$Locally Leveraged Funds$300,000 $Grantee Funds Leveraged N/A
$Anticipated Program Income$5,000 Other(Describe)
Total Funds Leveraged for CDBG-based Project(s)$305,000
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles Description of Areas Affected by HOME Project(s)
$HOME Grant Amount $Additional HUD Grant(s)Leveraged Describe
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other(Describe)
Total Funds Leveraged for HOME-based Project(s)
Housing Opportunities for People with AIDS 14.241 HOPWA
HOPWA Project Titles Description of Areas Affected by HOPWA Project(s)
$HOPWA Grant Amount $Additional HUD Grant(s)Leveraged Describe
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other(Describe)
Total Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project Titles Description of Areas Affected by ESG Project(s)
$ESG Grant Amount 1$Additional HUD Grant(s)Leveraged 'Describe
$Additional Federal Funds Leveraged Additional State Funds Leveraged
$Locally Leveraged Funds Grantee Funds Leveraged
$Anticipated Program Income Other(Describe)
Total Funds Leveraged for ESG-based Project(s)
Congressional Districts of: Is application subject to review by state Executive Order
Applicant Districts 9 I Project Districts 9 12372 Process'?
Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the
"Yes"please include an additional document state EO 12372 process for review on DATE
explaining the situation. X No Program is not covered by EO 12372 X
[]Yes 0 No 0 N/A Program has not been selected by the state
for review
Person to be contacted regarding this application
First Name Skip Middle Initial Last Name Priest
Title Mayor Phone(253)835-2401 Fax(253)835-2409
eMail skip.priest @cityoffederalway.com Grantee Website Other Contact Jay Bennett
Cityoffederalway.com
Signature of Authorized Representative bate Signed
EXECUTIVE SUMMARY
The City of Federal Way is designated as an entitlement community which receives direct CDBG funds.
The U.S. Department of Housing and Urban Development(HUD)outlines the Consolidated Plan
requirements that each state and local jurisdiction that receives federal funding must comply with in
order to continue to receive governmental allocations.The Consolidated Plan planning process allows
jurisdictions to develop strategies for a five(5)year period, using combined funding sources,to address
housing and community needs.
As a part of the ongoing Consolidated Plan process,the City must submit to HUD an Annual Action Plan
that provides a description of activities that the jurisdiction will undertake during the next year to
address priority needs outlined in the Consolidated Plan. In partnerships with for-profit and non-profit
organizations,local citizen groups, private sector businesses and governmental agencies,the City will
carry out the activities planned for the year that will meet the needs of our underserved population.
This Program Year(PY)2013 Annual Action Plan is for the second year of the City of Federal Way's 2012
—2016 Consolidated Plan.
PUBLIC PARTICIPATION
In accordance with the City's Public Participation Plan,the Draft Action Plan was advertised and made
available for public review beginning on September 10, 2012.A public hearing was held on October 1,
2012,to seek community input on housing,economic and community development needs and to
finalize allocation of estimated 2013 funding.City Council adoption is expected in early November 2012.
Activity Selection Process
The City utilized a competitive application process to select and fund a significant portion of the
activities funded within the 2013 CDBG Annual Action Plan.
These included advertisement of Notice of Funds Available (NOFA)for submission of Public Service
activities(February 16—April 26,2012)and again for the Community Economic Revitalization Fund
process(June 29—August 10,2012).These agency opportunities were widely advertised;technical
assistance was provided for potential applicants; applications reviewed and recommended through the
Human Services Commission's meetings and public hearings,and lastly vetted through the City Council
Committees and formally approved at City Council regularly scheduled meetings.
The remaining activities are based on previously funded City activities.City staff presented this Action
Plan to the Parks, Recreation, Human Services,and Public Safety City Council Committee public meeting
for review on October 8, 2012.
Public Comments
Citizen comments and suggestions were solicited in the Public Comment section of public m agendas.
Attendees were encouraged to communicate comments and suggestions regarding development of the
PY 2013 CDBG Annual Action Plan to the City at any time during the Comment period ending Monday,
October 1, 2012 via the telephone, letters,or through the use of e-mail.The City received no citizen
responses during the Public Meeting or throughout the comment period.
RESPONSIBLE AGENCY
The City of Federal Way Community Services staff has been designated as responsible for administering
and overseeing the contracting of activities and projects funded through CDBG funds. The Community
Services Division staff is also responsible for development of the Consolidated Plan and administering
the development process of the Consolidated Plan.
The work is accomplished through the public review and recommendation from the City's Human
Services Commission, meetings with various county and local government representatives and social
service agencies.The City of Federal Way also works with community organizations and various city
departments to provide public services and facilities to address the City's objectives in carrying out the
Consolidated Plan.
Monitoring
The City of Federal Way has a Monitoring Plan that establishes policies and procedures for program
oversight of sub-recipients.The Plan applies to all CDBG Program contracts involving private, non-profit
organizations providing services to low- and moderate-income persons. Public service, economic
development,and housing projects will be monitored in FY 2013.
Evaluation of Past Performance
The City of Federal Way is committed to improving and ensuring compliance with federal and HUD
regulations and CDBG program requirements.The staff implemented numerous control matrices that
will improve systems.
PY 2012 was the City's first as an entitlement community. Developing systems, economic opportunity
and housing program policies and procedures,along with contracts/forms and marketing required a
significant amount of staff time investment which delayed investment results. However,all other
activities proceeded on schedule and those grant disbursements were made in a timely manner.The
Federal Way program continues to accomplish its goals and objectives as outlined below:
✓ Not more than 150 Percent of the Current Year's CDBG Grant Amount on Federal
Deposit at the end of December—The City works diligently to ensure that grant funds
are disbursed and capital projects are completed in a timely manner.
✓ Percentage of Public Services and Economic Development contracts that meet contract
goals of number of clients to be served.
✓ 80%of CDBG funded CERF Projects completed within two(2)years of Initial Funding Date
Rationale for the priorities for allocating investments geographically
The limited amounts of funds are concentrated within these areas due to the high level of need that
exists within these neighborhoods. While the City is not specifically directing funds to a "target area"
(except the Greater Westway Neighborhood NSP 3), investment will reach a concentration of the lowest
income persons in the city, as well as the highest concentration of minorities, distressed housing and
older neighborhoods. Please refer to the Attachment Section C of this Annual Action Plan (AAP) to view
maps that distinguish the low/mod income areas of the City.
Description of the geographic areas where assistance is to be directed
Understanding demographic and economic trends is important to developing a housing and community
development strategy. The information presented in this section are key indicators (from the 2010
Census) relating to population and household composition and growth, economic conditions, poverty,
and race and ethnicity in the City of Federal Way.
v The City of Federal Way has a total of 35,660 total households. This number includes 23, 007 family
households. The composition of the familial
Composition of Family households are 18%are with a Spouse; 28%
Households with at least one Child; 6%with n other
relative; 7%with Nonrelatives, and 4%with an
•w/Spouse Unmarried partner.
•w/Child
➢ Veterans comprise 10.7% of the
■w/Relative
68,491 civilian persons over 18 yrs old living in
■w/non-Relative
the city.
•w/Partner
➢ 6,078 households paying rent in
Federal Way are paying more than 35 percent of their monthly household income.
Y 59 percent of Federal Way workers commute out of the city for their job.
Y Of the 89,269(non-institutionalized) persons — -
living in Federal Way, 11.7 % of those have a Residents with
disability. Disabilities
•Under 18 yrs
➢ Median household income in Federal Way is old
$53,716, 19 percent lower than King County, ■18-64 yrs old
while median family income is $63,381, which is
GP
25 percent lower than the King County. ■65 yrs old-
plus
`r 12.9 percent of all people residing in Federal
Way have incomes below the poverty line of$22,050(family of four).
➢ The community's diversity reveals that 93 percent of the city identify as one race,composed mainly
------- -- -- 1 of White-65%;African American-7.1%; Asian-
j 19.5%and Other-8.5%.
FW Racial Make-up
■white ➢ The Hispanic or Latino community makes
7.1 8.5 up 12.4%of the FW community.
•Asian
➢ The%of the Federal Way population
(Age 5+) according to language spoken at home is
African ` 73% English only; 12%Asian; 7%Spanish and 7%
American other Indo-European.
•Other
40% Educational Attainment
Hispanic/Latino
25 yrs old +
30% -- -- -- ■Non
25% Hispanic/Latino
20% 4 — -
15% - — — -
10% - - --. _--.
5% —
0% , —
Non HS Grad HS Grad or GED College-No Assoc. Degree Bachelor's or
Degree _ Higher
FEDERAL WAY EMPLOYMENT
11 Agriculture,Forestry, Fishing, 2
22 Utilities n/a n/a
21 Mining 1 *
23 Construction 110 657
42 Wholesale Trade 99 1,177
44-45 Retail Trade 222 4,728
48-49 Transportation and Warehousing 29 395
51 Information 30 408
52 Finance and Insurance 137 1,192
53 Real Estate and Rental and Leasing 88 668
54 Professional, Scientific, and 158 1,178
55 Management of Companies and 10 990
56 Administrative/Support/Waste 90 1,136
61 Education Services 29 366
62 Health Care and Social Assistance 289 5,547
71 Arts, Entertainment, and Recreation 22 626
72 Accommodation and Food Services 202 3,437
81 Other Services(except Public 720 1,658
Government 30 1,666
Education 25 2,106
TOTAL 28,720
* Prepared from 2010 data from the Quarterly Census of Employment and Wages. Data includes
individuals"covered" by unemployment insurance but not solo proprietors,corporate officers, military,
railroad employees, ministry workers, and others. (* -denotes fewer than three reporting firms,or
when one employer accounts for more than 80 percent of jobs)
ALLOCATION PRIORITIES
The City has chosen to build off the foundation that was established in PY 2012 by allocating a significant
portion its PY 2013 funds to activities which have the potential of creating jobs/expanding business
opportunities, preserving existing housing stock and providing funds for safety net services.The City has
determined that its use of CDBG entitlement funds for the purpose of determining compliance with the
ACT's 70%rule shall be a one (1) program year beginning January 1,2013 and ending December 31,
2013. PY 2013 is synonymous with the City's Fiscal Year(FY)2013.
In PY 2013, 100%of the available funds will be allocated to provide assistance to persons who are low-
and moderate-income.
The City continues the following priorities,found within in our 2012-2016 Five-Year Consolidated Plan,
for PY 2013:
Economic Development Priorities-Expand Economic Opportunities:
• Enrich/diversify the City Center with a mix of residential and commercial uses
• Encourage the creation and growth of business
• Increase opportunities for employment in jobs providing livable incomes
• Promote an environment that is attractive to both establishing new businesses and expanding
existing businesses to create jobs and strengthen the economic base of the community.
Housing/Homeless Community Priorities-Provide Decent Affordable Housing:
• Support homeownership,focusing on programs that assist homeowners to retain and maintain
their homes,and offer new homeowner opportunities.
• Expand affordable rental housing
• Provide adequate housing for homeless and special needs populations
Community Development Priorities-Establish Suitable Living Environments
• Provide an array of services to households to help them on the path toward self-sufficiency
• Provide a safety net of services to stabilize households who are in crisis or at risk
• Improve accessibility and use of existing and new City facilities
• Construct public improvements to support community revitalization strategies
The City,therefore, has set its funding priorities for PY 2013, aligned with these overarching
Consolidated Plan goals and objectives.
Resources
The City of Federal Way's CDBG program uses the HUD entitlement allocation, potential program
income generated from the commercial loan program,and NSP3 Program grant awarded funds through
the State of Washington.The amount of private funds leveraged during this year is estimated at
$300,000 and based upon private equity requirements of two (2)activities(Commercial Loan and
Commercial Exterior Improvement) under the Community Economic Revitalization Fund (CERF)
programs. The CERF investment programs were launched into the community in the later part of the
City of Federal Way's first program year as an entitlement community(PY 2012);therefore,amounts are
estimated.
It is anticipated that the following resources will be available to activities and projects during the 2013
Program Year.
SOURCES
2013 HUD Entitlement Grant $ 576,450
Total CDBG Resources $ 1,050,565
Section 108(under consideration) $ 0
HOME* $ 0
Total Resources
In 2013 the City of Federal Way plans to spend 45%of its total CDBG funds(including carry-forward)
from HUD for economic development activities,36%on housing activities,8%on public services,and
11%for program planning and administration.
The City allocated most of the rest of its resources to public services activities that have proven track
records in meeting the needs of low-and moderate-income households.
The dollar amount associated with each of these Program categories is shown below:
CDBG EXPENDITURES
2013 Public Service $ 86,465
FWCC Inclusion Program $ 24,465
HealthPoint $ 15,000
Birth to Three Developmental Center $ 22,000
Multi-Service Center $ 10,000
Institute for Family Development $ 15,000
Total Expenditures $1,045,565
OBJECTIVES&OUTCOMES - PY 2013
The City will allocate PY 2013 CDBG funds to continue to stimulate economic development while also
improving the health and safety of its residents through investment into the preservation of existing
housing stock and contracting with social service agencies for the delivery of safety-net services.
The following CDBG-funded activities have been reviewed and are programmed for during PY 2013 in
anticipation of receiving a HUD grant offer and letter of approval.
Activity#1-The City expects to utilize$86,465 of PY 2013 CDBG funds to partner with five(5)non-profit
agencies to provide various public services as follows:
a) Federal Way Community Center - Inclusion Program: CDBG funds will pay for .3 FTE of a
Recreation Coordinator to provide social activities/services for adults with developmental
disabilities, including classes, life skills training, participatory events, trips and other
activities conducted with community partners. ($24,465 CDBG)
Anticipated Outcomes:46 persons served.
b) HealthPoint - Primary Dental Access - CDBG funds provide comprehensive dental services
for low-to moderate-income Federal Way residents. ($15,000 CDBG)
Anticipated Outcomes:36 people served.
c) Birth to Three Developmental Center - Family Services Program: The program provides
family services designed to educate and support parents and/or caregivers of infants and
toddlers with special needs. ($22,000)
Anticipated Outcomes:54 people served.
d) Multi-Service Center - Education Program: The Multi-Service Center Education Program
provides adult education services to residents of Federal Way. ($10,000)
Anticipated Outcomes:17 persons served.
e) Institute for Family Development- PACT(Parents and Children Together): The program will
provide in-home counseling, skill building, and support services to high-risk children and
their families in the City of Federal Way. ($15,000 CDBG)
Anticipated Outcomes: 17 people served.
CP Goals - Strategy 3A: Provide an array of services to households to help them on the path
toward self-sufficiency.Strategy 3B: Provide a safety net of services to stabilize households who
are in crisis or at risk.
Action Steps: The city will contract with nonprofit organizations that provide key services to
promote the self-sufficiency of individuals and households.
Activity#2:The City will utilize$374,695 of PY 2013 CDBG funds and approximately$469,115 of PY 2012
carry-forward funds for Community Economic Revitalization Funding (CERF) programs/activities deemed
to be a high priority need:
Housing Repair Program-the City will continue to fund this program utilizing CDBG funds for
investment into housing stability projects that assist income-qualified Federal Way
homeowners,through the City's CDBG Housing Rehabilitation Repair Grant Program
CP Goals-Strategy 2A:Support homeownership focusing on programs to assist homeowners
to retain and maintain their homes,and offer new homeowner opportunities.
Action Steps:
a) Market and implement the Housing Repair Program to assist homeowners to make
needed repairs and improvements and resolve health and safety issues including
lead-based paint hazards. First year activities will include establishing program
standards and procedures prior to initiation of repair activities. ($150,000 CDBG)
b) Support the activities of the NSP3 Program operating in the Westway Neighborhood
which provides assistance to low-and moderate-income households to purchase
rehabilitated homes which have been in foreclosure($797,000 NSP3).
Anticipated Outcomes:25 single-family homes owned by low-and moderate-income
persons assisted.
Commercial Loan Program—Through the review and recommendation by the Loan Review
Advisory Committee,the City will continue to offer small business loans under this program.
The CDBG Small Business Loan Program is a competitive, low-interest loan program offering
between$5,000 and$75,000 for new or expanding small businesses in the City limits.The
small business must provide one dollar of private sector investment or equity for each dollar
of CDBG investment. In both cases,the funds would only be provided to businesses willing
to make new jobs available to low-and moderate-income persons. In addition,the City will
provide assistance to retain jobs currently held by low-and moderate-income persons in
cases where those jobs would be lost if not for the assistance.
CP Goals-Strategy 1B: Encourage the creation and growth of businesses.Strategy 1C:
Increase opportunities for employment in jobs providing livable incomes.
Action Steps:
a) Recapitalize the Commercial Loan Program which provides a Small Business loan
product, providing assistance to small businesses owned (or to be owned)by
persons who are low-and moderate-income and to businesses which serve
neighborhoods which are primarily low-and moderate-income($200,000).
Anticipated Outcomes:Three businesses owned by low-and moderate-income persons
assisted with 9 jobs created or retained for low-and moderate-income persons.
Commercial Exterior Improvement Program-The City's Commercial Exterior Improvement
Program provides funds to commercial property owners to make needed building facade
improvements at a reduced cost.
CP Goals-Strategy 1B: Encourage the creation and growth of businesses.Strategy 1C:
Increase opportunities for employment in jobs providing livable incomes.
Action Steps:
a) Recapitalize the Commercial Exterior Improvement Program that will provide
assistance to small businesses owned (or to be owned) by persons who are low-and
moderate-income and to businesses which serve neighborhoods which are primarily
low-and moderate-income($100,000).
Anticipated Outcomes: Four businesses owned by low-and moderate-income persons
assisted with 3 jobs created or retained for low-and moderate-income persons.
Microenterprise Assistance-the City will offer assistance to Microenterprise business by
allocating funds for direct assistance to startup or new entrepreneurs in the city.Additionally,
the City will program CDBG funds into a Microenterprise Loan Program,designed to assist
businesses having five (5)or fewer employees,one or more who owns the business at the time
of application. Under the Microenterprise Loan Program, loans($5,000-$25,000)are provided
which can be used for startup costs,working capital,equipment and other fixed assets.
CP Goals-Strategy 1B: Encourage the creation and growth of businesses.Strategy 1C:
Increase opportunities for employment in jobs providing livable incomes.
Action Steps:
a) Recapitalize Microenterprise Technical Assistance Program that will provide
assistance to small businesses owned (or to be owned) by persons who are low-and
moderate-income and to businesses which serve neighborhoods which are primarily
low-and moderate-income.The assistance will be in the form of training/technical
assistance. Resources:$75,000 CDBG
b) Recapitalize the Microenterprise Loan program that will provide assistance to small
businesses owned(or to be owned) by persons who are low-and moderate-income
and to businesses which serve neighborhoods which are primarily low-and
moderate-income. Resources$100,000 CDBG
Anticipated Outcomes:96 low-and moderate-income persons assisted through Microenterprise
technical assistance trainings and 4 Microenterprise loans made that yield jobs created or
retained for low-and moderate-income persons.
Competitive Grant Projects:The City will utilize$218,120 of PY 2013 CDBG funds for
Community Economic Revitalization Funding(CERF)programs/activities that were applied for,
reviewed and recommended by Human Services Commission and ultimately approved by the
City Council.
Microenterprise Technical Assistance
HIGHLINE COMMUNITY COLLEGE-Start Zone and Small Business Development Center:These
programs provide entrepreneurial skills enhancement,access to professional business review,
assistance with loan applications, marketing and business plans,and business connections.The
program involves individualized assessment and then classroom training and support.
CP Goals—Goal 1: Expand Economic Opportunities:Strategy 1B: Encourage the creation
and growth of businesses.
Action Steps:
a. The city will contract with Highline Community College in order to provide key services
that educate, mentor and assist new startup and existing small businesses in Federal
Way.
b. The city will monitor the success of the Highline programs, assuring compliance with
terms of contract and for the reporting on investment returns.
Anticipated Outcomes: 96 unduplicated, income-qualified residents of Federal Way in PY 2013
Homeless Prevention/Housing
FUSION-Single Family Home Acquisition.The proposed project will help address the
community's need for affordable,supportive transitional housing for families that are or are in
danger of becoming homeless, by acquiring one"larger"single-family home in the City of
Federal Way. FUSION currently owns 16 transitional housing units, located in Federal Way and
north Tacoma. Fusion contracts with a service provider that delivers essential wrap-around
services to the families.
CP Goals—Goal 3: Establish Suitable Living Environments
Strategy 3A: Provide an array of services to households to help them on the path toward
self-sufficiency.
Strategy 3B: Provide a safety net of services to stabilize households who are in crisis or
at risk.
Action Steps:
a) The City will contract with FUSION for the acquisition of one SFR home in Federal Way.
b) Fusion will locate and propose a purchase of a SFR home to the City.
c) The City will complete the required Environmental Review Record (ERR) for proposed
home.
d) Once ERR is complete, FUSION will secure the property.
e) FUSION will provide all pertinent documents to the city.
Anticipated Outcomes: Fusion will provide housing and case management services for one
family,consisting of six to seven members for each and every year during the term of the CDBG
. investment period.
Activity#3: Federal Way expects to utilize$115,290 of PY 2013 CDBG funds towards program
administration.
Other Activity:The City will also be expending NSP3 Grant funds in the Greater Westway Neighborhood
Project area.The City(in partnership with Habitat for Humanity-Seattle/King County)continues to
implement this program to acquire and rehabilitate up to 14 abandoned,foreclosed vacant single-family
properties.This program continues the City's efforts to stimulate redevelopment of affordable housing,
stabilize/revitalize the target area,and continue strong partnerships with wrap-around service agencies
in predominantly low-income target areas which will improve the overall quality of life and enhance the
aesthetic character of the area.
ACTIONS TO IMPLEMENT ANTI-POVERTY STRATEGIES
The largest assistance programs available to households in poverty are coordinated by the State of
Washington.The City will continue coordination among housing and human services providers to enable
them to serve poverty-level households effectively with case management/housing counseling services.
The City of Federal Way has programmed a PY 2013 public service activity that works with adults and
youth at all stages of job readiness.The Multi-Service Center program provides access to career
exploration,job search assistance,job skills development,and on-the-job training through internships.
The training is coupled with case management support.
The City will continue coordination among housing and human services providers to enable them to
serve poverty-level households effectively with case management/housing counseling services.
Staff participates on local committees and boards involved in community development which
provides input on community needs and better coordination of services for low-and very low-
income residents.
The Community& Economic Development Department and Community Services Division will
continue to be involved in interagency efforts on a local and regional scale that strengthen
structures for housing and economic development.
Obstacles to Addressing Underserved Needs
The continuing, long-term reduction of Federal,State and local financial resources is the single greatest
impediment to meeting underserved needs for low-and very low-income residents.
The City has addressed the loss of entitlement program funds by hiring a Community Services Manager
who will research other Federal,State and private funding sources to enhance the dollars received from
HUD.Obtaining additional financial resources will increase Federal Way's success in addressing the
under-served needs of its citizens.
COORDINATION ON PUBLIC HOUSING ACTIVITIES
The City of Federal Way staff has reviewed the King County Housing Authority's(KCHA) "Moving to
Work Plan"and Administrative Plan.The KCHA plans are consistent with Federal Way's"Consolidated
Plan."The City currently provides no direct financial assistance to KCHA in support of public housing
because the Authority is able to separately finance its own operations.The King County Housing
Authority is not classified as"troubled"by HUD, nor is it considered to be performing poorly.The City of
Federal Way continues to support the strategies of the King County Housing Authority,including its goal
of Supportive housing for high-need homeless families, implementing rent reform policies,the pilot
"Resident Opportunity Plan," and streamlining processes that provide costs savings for KCHA and
opportunities for its residents.
HOMELESS/SPECIAL NEEDS POPULATIONS COORDINATION
Special Needs include the housing and supportive service needs of persons who are not homeless but
who may require supportive housing.These populations include elderly,frail elderly, persons with
disabilities, persons with alcohol or other drug addiction, and persons with HIV/AIDS and their families.
The City is using PY 2013 CDBG funds for delivery of program services for developmentally disabled
persons that assist in providing life skills enhancement and inclusionary activities into our community.
The City of Federal Way also participates in the funding of 211 Crisis Line,which provides resources to
individual and families that are or imminently in danger of becoming homeless. Further, launched in PY
2012, King County implemented a system of needs assessment and placement of individuals
experiencing homelessness through a coordinated entry system.This system provides that households
get the right services at the right time (as funds and space is available)and at the right level.
ACTIONS TO REMOVE BARRIERS TO AFFORDABLE HOUSING
Federal Way's 2012-2016 Consolidated Plan and recently completed Analysis of Impediments(AI)
includes a discussion of issues that continue to constitute barriers to affordable housing in the City.The
City uses education and referral on its website as activities aimed at reducing or eliminating barriers to
fair housing for lower-income persons wishing to reside in the City.While the City's 2013 AAP does not
contain a specific allocation of funds to fair housing activities, it is anticipated that approximately$2,000
in Administrative funds will be expended to address the recommendations in the Al.
The preservation and improvement of affordable housing in low-income neighborhoods is a long-term
goal of the City.Achievement of this goal will be promoted in PY 2013 through a partnership with City of
Federal Way code enforcement staff and City efforts through its CDBG Housing Repair Program.
LEAD-BASED PAINT HAZARDS STRATEGIES
Through the City's Housing Repair Program,the City of Federal Way continues to comply with all
Federal regulations regarding lead-based paint(LBP).The City's Rehabilitation Inspector conducts a
risk assessment of the property and creates specifications to address any lead hazards in the
property. Common repairs consist of replacing or stabilizing hazardous paint on windows, doors,
baseboards,floors and other components, both interior and exterior.
ATTACHMENT A
TABLE 3C LISTING OF SPECIFIC PROJECTS
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name Federal Way
Priority Need
Public Services
Project Title
Birth to Three Family Services Program
Description
Birth to Three Family Services Program provides family services designed to educate and support
parents and/or caregivers of infants and toddlers with special needs.
Objective category: ® Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity
Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area
Birth to Three
Street Address: 35535 6th Place SW
City,State,Zipcode: Federal Way,WA 98023
Objective Number Project ID
SL-1.1 2013 PS 1 Funding Sources:
HUD Matrix Code CDBG Citation CDBG $22,000
05(B) Public Services 570.201(e) ESG
Type of Recipient CDBG National Objective HOME
Non-profit Low/Mod Benefit 570.208(a)(2) HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $22,000
01/01/2013 12/31/2013 Prior Year Funds
Performance Indicator Annual Units Assisted Housing
#persons receiving self- 54 PHA
sufficiency services Other Funding
Local ID Units Upon Completion Total $22,000
n/a n/a
The primary purpose of the project is to help:❑the Homeless❑Persons with HIV/AIDS /1 Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Public Services
Project Title: Federal Way Community Center Inclusion Program
Description:
CDBG funds will pay for approximately .30 FTE for a Recreation Coordinator to provide social
activities/services for adults with developmental disabilities,including classes,life skills training,
participatory events,trips and other activities conducted with community partners.
Objective category: ® Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity
Outcome category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability
Location/Target Area
Federal Way Community Center
Street Address: 876 South 333rd Street
City, State, Zip code: Federal Way,WA 98003
Objective Number Project ID Funding Sources:
SL-3.1 2013 PS 2 CDBG $ 24,465
HUD Matrix Code CDBG Citation ESG
05B Public Services 570.201(e) HOME
Type of Recipient CDBG National Objective HOPWA
Non-profit Low/Mod Benefit 570.208(a)(2) Total Formula $24,465
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Prior Year Funds
01/01/2013 12/31/2013 Assisted Housing
Performance Indicator Annual Units PHA
#persons receiving self- 45 Other Funding
sufficiency services Total $24,465
Local ID Units Upon Completion
n/a n/a
The primary purpose of the project is to help: ❑the Homeless❑ Persons with HIV/AIDS ►.1 Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Public Services
Project Title: HealthPoint Federal Way Dental Service Access
Description
HealthPoint Dental provides comprehensive dental services to low-income residents of Federal Way.
Objective category: ® Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity
Outcome category: ►1 Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: HealthPoint
Street Address: 955 Powell Avenue SW
City,State,Zip code: Renton,WA 98057
Objective Number Project ID
SL-1.1 2013 PS 3 Funding Sources:
HUD Matrix Code CDBG Citation CDBG $15,000
05M Public Services 570.201(e) ESG
Type of Recipient CDBG National Objective HOME
Non-profit Low/Mod Benefit 570.208(a)(2) HOPWA
Start Date(mm/dd/yyyy) Completion Date (mm/dd/yyyy) Total Formula $15,000
01/01/2013 12/31/2013 Prior Year Funds
Performance Indicator Annual Units Assisted Housing
#of persons receiving safety 36 PHA
net assistance served Other Funding
Local ID Units Upon Completion Total $15,000
n/a n/a
The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name Federal Way
Priority Need
Public Services
Project Title
Institute for Family Development Parents & Children Together(PACT)
Description
PACT therapists provide in-home services to low- and moderate-income at-risk families including
counseling, skill-building, and assistance to access the community support system and resources with the
goal of improving family function and child well-being.
Objective category: ® Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity
Outcome category: /1 Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area
Community-wide
Street Address:
City, State,Zipcode:
Objective Number Project ID
SL-1.1 2013 PS 4 Funding Sources:
HUD Matrix Code CDBG Citation CDBG $15,000
05 Public Services 570.201(e) ESG
Type of Recipient CDBG National Objective HOME
Non-profit Low/Mod Benefit 570.208(a)(2) HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $15,000
01/01/2013 12/31/2013 Prior Year Funds
Performance Indicator Annual Units Assisted Housing
#persons receiving safety net 17 PHA
assistance served Other Funding
Local ID Units Upon Completion Total $15,000
n/a n/a
The primary purpose of the project is to help:❑the Homeless❑Persons with HIV/AIDS❑Persons with Disabilities 173 Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Public Services
Project Title: Multi-Service Center Education
Description;
Multi-Service Center Education Program provides adult education services to residents of Federal Way.
Objective category: ® Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity
Outcome category: ® Availability/Accessibility El Affordability ❑ Sustainability
Location/Target Area: Multi-Service Center
Street Address: 1200 S 336th Street
City, State,Zipcode: Federal Way,WA 98003
Objective Number Project ID
SL-1.1 2013 PS 5 Funding Sources:
HUD Matrix Code CDBG Citation CDBG $10,000
05 Public Services 570.201(e) ESG
Type of Recipient CDBG National Objective HOME
Non-profit Low/Mod Benefit 570.208(a)(2) HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $10,000
01/01/2013 12/31/2013 Prior Year Funds
Performance Indicator Annual Units Assisted Housing
#persons receiving self- 22 PHA
sufficiency services Other Funding
Local ID Units Upon Completion Total $10,000
n/a n/a
The primary purpose of the project is to help: ❑the Homeless❑Persons with HIV/AIDS❑Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Economic Development
Project Title: Commercial Loan Program
Description:
City will use CDBG funds to provide loans to for-profit Federal Way small businesses for costs associated
with startup and/or expansion.
Objective category: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity
Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: City wide
Street Address:
City, State,Zip code: Federal Way,WA 98003
Objective Number Project ID
E0 1.1 2013 ED 1 Funding Sources:
HUD Matrix Code CDBG Citation CDBG $100,000
18 A ED 570.203 (b) ESG
Type of Recipient CDBG National Objective HOME
For Profit LMJ 570.208 (a) HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $100,000
01/01/2013 12/31/2013 Prior Year Funds $100,000
Performance Indicator Annual Units Assisted Housing
Jobs created or retained for 6 PHA
LM persons Other Funding
Local ID Units Upon Completion Total $200,000
n/a n/a
The primary purpose of the project is to help:❑the Homeless El Persons with HIV/AIDS El Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Economic Development
Project Title: Microenterprise Technical Assistance Program
Description: The City will assist businesses to build the capacity/viability of businesses owned by low-
moderate-income persons or serving low- moderate-income neighborhoods.
Objective category: ❑ Suitable Living Environment ❑Decent Housing ® Economic Opportunity
Outcome category: ►5 Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: Citywide
Street Address:
City,State,Zip code: Federal Way,WA 98003
Objective Number Project ID Funding Sources:
EO-1.2 2013 ED 2 CDBG $75,000
HUD Matrix Code CDBG Citation ESG
18 C Public Services 570.201(o) HOME
Type of Recipient CDBG National Objective HOPWA
For profit LMCMC 570.208 (a) Total Formula $75,000
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Prior Year Funds $100,000
01/01/2013 12/31/2013 Assisted Housing
Performance Indicator Annual Units: PHA
LM-owned businesses 100 Other Funding
assisted/LM neighborhoods Total $175,000
assisted
Local ID Units Upon Completion
n/a n/a
The primary purpose of the project is to help:❑the Homeless❑Persons with HIV/AIDS❑Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Owner Occupied Housing
Project Title: Housing Repair Program
Description:
The City will continue its Housing Repair Program to provide assistance to low-and moderate-income
homeowners to make needed repairs and improvements,resolve health and safety conditions and
eliminate lead-based paint hazards in their homes.
Objective category: ❑ Suitable Living Environment ®Decent Housing ❑ Economic Opportunity
Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: Citywide
Street Address:
City, State,Zip code: Federal Way,WA 98003
Objective Number Project ID
DH1.1 2013 Housing Funding Sources:
HUD Matrix Code CDBG Citation CDBG $ 50,000
14 A 570.202 S-F Rehabilitation ESG
Type of Recipient CDBG National Objective HOME
Local Government LMH 570.208 (a) HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $ 50,000
01/01/2013 12/31/2013 Prior Year Funds $100,000
Performance Indicator Annual Units Assisted Housing
Households assisted to 25 SF homes PHA
maintain housing(repaired) Other Funding
_ Local ID Units Upon Completion Total $150,000
n/a n/a
The primary purpose of the project is to help: ❑the Homeless❑Persons with HIV/AIDS❑Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name Federal Way
Priority Need: Economic Development
Project Title: Commercial Exterior Improvement Program
Description:
The City provides CDBG funds in the form of a match to a for-profit business investment which provides
commercial façade(only) improvements. The focus of the project is primarily on sustaining specific
business in the City which relieves slum and blight.
Objective category: ❑ Suitable Living Environment ❑Decent Housing ® Economic Opportunity
Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area:Citywide
Street Address:
City,State, Zip code: Federal Way,WA 98003
Objective Number Project ID 2013 ED 3
EO-1.1 Funding Sources:
HUD Matrix Code CDBG Citation CDBG $ 100,000
14 E 24 CFR 570.202 (a) ESG
Type of Recipient CDBG National Objective HOME
For profit LMJ 570.208 (a) HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $ 100,000
01/0f/2013/2013 12/31/2013 Prior Year Funds
Performance Indicator: Annual units: Assisted Housing
Number of jobs created 6 PHA
Other Funding
Local ID Units Upon Completion Total $ 100,000
n/a n/a
The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name Federal Way
Priority Need: CDBG Administration
Project Title: CDBG Administration
Description: Provide CDBG program administration/coordination and project monitoring during the PY
2013.
Objective category: El Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity
Outcome category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: Citywide Community Services Division
Street Address: 33325 8th Ave. S
City, State,Zip code: Federal Way,WA 98003
Objective Number Project ID
SL-1.1 2013 Administration Funding Sources:
HUD Matrix Code CDBG Citation CDBG $115,290
21 A 570.206 General Administration ESG
Type of Recipient CDBG National Objective HOME
Local Government HOPWA
Start Date(mm/dd/yyyy) Completion Date(mm/dd/yyyy) Total Formula $115,290
01/01/2013 12/31/2013 Prior Year Funds
Performance Indicator Annual Units Assisted Housing
#persons receiving self- PHA
sufficiency services Other Funding
Local ID Units Upon Completion Total $115,2900
n/a n/a
The primary purpose of the project is to help:❑the Homeless❑Persons with HIV/AIDS❑ Persons with Disabilities❑Public Housing Needs
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name: Federal Way
Priority Need: Homeless Prevention
Project Title: FUSION SF Housing Acquisition
Description: FUSION, a local nonprofit will secure a single family home in the Federal Way
city limits for the purposes of providing safe, affordable housing for families experiencing
homelessness.
Objective category: ❑ Suitable Living Environment ®Decent Housing ❑ Economic
Opportunity
Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: To Be Determined
Street Address:
City, State,Zip code: Federal Way,WA 98003
Objective Number Project ID
DH 1-1 N/A Funding Sources:
HUD Matrix Code CDBG Citation CDBG $ 5,895
01 570.201 (a) ESG
Type of Recipient CDBG National Objective HOME
Nonprofit Limited Clientele HOPWA
Start Date(mm/dd/yyyy) Completion Date(12/31/2013 Total Formula $ 5,895
01/01/2013 Prior Year Funds $ 169,115
Performance Indicator Annual Units Assisted Housing
Persons housed 7 PHA _...
Other Funding
Local ID Units Upon Completion Total $ 175,000
n/a n/a
The primary purpose of the project is to help: /1 the Homeless❑Persons with HIV/AIDS❑Persons with Disabilities❑Public Housing Needs
Attachment B
TABLE 3A SUMMARY OF SPECIFIC ANNUAL OBJECTIVES
U.S.Department of Housing OMB Approval No.2506-0117 and
Urban Development (Exp.8/31/2014)
Table 3A Summary of Specific Annual Objectives
Grantee Name: City of Federal Way 1
Decent Housing with Purpose of New or Improved Availability/Accessibility(DH-1)
Specific Objective Source of Year Performance Expected Actual Percent
Funds Indicators Number Number Completed
DH Support homeownership CDBG 2012 Households 9 9 100%
1.1 by assisting owners to 2013 assisted to 18 %
maintain their homes 2014 maintain housing 18 %
2015 (repaired) 18 %
2016 18 %
MULTI-YEAR GOAL 81 %
Decent Housing with Purpose of New or Improved Affordability(DH-2)
DH Support homeownership NSP 3 2012 Households assisted to 2 5 250%
2.1 by assisting new 2011 become homeowners 8 %
homebuyers or existing 2012 or remain 4 %
homeowners to retain 2013 homeowners 0 %
homeownership 2014 0 %
MULTI-YEAR GOAL 14 %
Suitable Living Environment with Purpose of New or Improved Availability/Accessibility(SL-1)
SL Provide a safety net of CDBG 2012 Persons receiving 354 387 109%
1.1 services to stabilize 2013 safety net 72-354*
households who are in 2014 services 72-354
crisis or at risk 2015 72-354
2016 72-354 %
MULTI-YEAR GOAL 642-1,770 %
Suitable Living Environment with Purpose of New or Improved Affordability(SL-1)
SL Improve accessibility and CDBG 2012 Capital or facility 0 0 %
1.2 use of existing and new 2013 improvements 1
city facilities/construct 2014 serving LM 1 %
public improvements to 2015 neighborhoods 1 %
support community 2016 1 %
revitalization strategies MULTI-YEAR GOAL 4 %
Suitable Living Environment with Purpose of New or Improved Sustainability(SL-3)
SL Provide services to CDBG 2012 Persons receiving 166 128 77%
3.1 households to help them 2013 self-sufficiency 24-166*
on the path toward self 2014 services 24-166 %
sufficiency 2015 24-166
2016 24-166
MULTI-YEAR GOAL 262-830
Grantee Name: City of Federal Way
Economic Opportunity with Purpose of New or Improved Availability/Accessibility(EO-1)
Specific Objective Source of Year Performance Expected Actual Percent
Funds Indicators Number Number Completed
EO Encourage the creation CDBG 2012 Jobs created or 10 TBD
1.1 and growth of businesses 2013 retained for LM 20
2014 persons 20 %
2015 20
2016 20
MULTI-YEAR GOAL 90
Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1)
EO Encourage the creation CDBG 2012 LM-owned 96 96 100%
1.2 and growth of businesses 2013 businesses 96
2014 assisted/LM 96
2015 neighborhoods 96
2016 assisted 96
MULTI-YEAR GOAL 480
*The City has estimated first year outcomes based on prior year experience with the 3 individual public
services programs making up the outcomes for these objectives. Because each of the SL1.1 and SL3.1
objectives includes a single project with estimated outcomes that are much higher than the other 2
project outcomes(the persons receiving assistance in the larger projects are 354 persons and 150
respectively),the second through fourth year outcomes include a calculation based on the average of
the two smaller projects(for example,the average outcomes for the 2 smaller projects of the SL1.1
objective is 24 X 3 projects=72 persons receiving assistance) ranging to a maximum representing the
outcomes of the first year(354).
III
HUD Outcome/Objective Codes
Availability/Accessibility Affordability Sustainability
Decent Housing DH-1 DH-2 DH-3
Suitable Living Environment SL-1 SL-2 SL-3
Economic Opportunity EO-1 EO-2 EO-3
III
II
ATTACHMENT C
MAPS OF CITY
•
I Percent Minority Population
',.rFI I
E,, I
i
, .C 1 .365!$'" • 411/11, '...)11). :. '' '' 1
ftf* 1
s i
.nay ^� � -� � $ e '�4..,,.. II• if!7"*.R.k.-7--",'t'..7T,-,7204,:i''.11 I
tip "` PT � `'A ' W '
h
fi� �
% . L I
i
9
!
r
Gefief✓l L*prttd: Percent Pleolority criv e.
QF'9er]I Wry,: _awls ?5%A I Less Federal Way
1
,,...i FAnla Anr;eY adou At Iwo 25'W o 5M , i t, I
Tuts m i iC:cmpanI.A l;'v n haRant s
- !rat G% �. -le° N Ands s nVy a 7 Zfi C'ecrcesrrMLu .
Areas with greater than 45% of residents
classified Low or Moderate Income
t
4 r"a
tip
PiAgel
'� �',' 122E02
',,,44"4 i Er 3 -
_/'=PrA, 1 + t a
2w.
yv � f 2 F r 9 ..it'''
t"if s5v ' ,y
1
+ r'
.� Ill
x 303.05 . m
r „., ®302.62 .. , ! 1
�� its
4
303.06 • .i _ i �� l
„, a.r ..,i > Cam: r
• 'T�.. ,3 , ��,431. _ 2 :x fi i 2!9.02 t
`aS t t ',#.,, 2
t ,A+ d9
^
.
1.,, + i s w A a• i 3
i S a ^ s
,
.7 303.323 `
',
N , , , +
30$.04 r u. _..
y ,
4"�'• 304.04
Or
4+ I.304,,K
a 3 ',
”" — — 'y
RiranlarylPYgi.caattowfo Moderate Incomell***1***.ro a.r4r6
General Legend: source 2000 Census.2011 HUD
ED I Federal Way City Limits %Low/Moderate Income Residents
0 0.5 1
Potential Annexation Area 45-50% N NFies
Census Tracts NM 51 -58% crIV OP
r W Census Block Groups 59-68% Federal Way
Surface Water 69-81% This map is accompanied by no warranties,
and la simply a yrapMe repreaerpa pop
■
COUNCIL MEETING DATE: October 16,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:WASPC GRANT FOR TWO(2) PORTABLE BREATH TEST(PBT) DEVICES
POLICY QUESTION: Should the City Of Federal Way/Police Department accept grant funds in the amount of
$1000.29 to purchase two(2)Portable Breath Test(PBT)devices.The funding is from a WASPC traffic safety
grant.
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: Oct. 8,2012
SAFETY COUNCIL COMMITTEE(PRHS&PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY COMMANDER CHRIS NORMAN DEPT: Police
Attachments:
1. PRHS&PS Committee Memo
2. Invoice from Intoximeters for two(2)Portable Breath Test(PBT)Devices
Options Considered:
1. Accept Grant
2. Reject Grant
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: DIRECTOR APPROVAL: > Abu,/ OP/0/1 AAA,iL Vi4►/AY
Committ Council Committee Council
COMMITTEE RECOMMENDATION:I move to forward the proposed Grant for two PBT's to the October.16, 2012
City Council Agenda for approval
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval to accept the WASPC grant funds, with a total
compensation of$1000.29, and authorize the Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 8, 2012
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WASPC Grants funds for two Portable Breath Test(PBT)devices.
Proposal
The Federal Way Police Department is a full service law enforcement agency. Our Patrol and
Traffic units use PBT's to determine blood alcohol content(BAC) in the field. The devices our
used for DUI enforcement and underage drinking offenses.
Funding Source
The Washington Association of Sheriffs and Police Chiefs(WASPC)provide grant funding for
enforcement related equipment. The purchase of these PBT's would be entirely funded by a
WASPC grant.
Intoximeters Quotation:
Oty Product Description Unit Price SubTotal
2 Intoximeter PBT's $443 $886.00
Washington State Sales Tax @.095 $86.79
Shipping $27.50 •
•
•
Total $1000.29
1
EMERGENCY FUNDS
WASPC EQUIPMENT GRANT AGREEMENT FORM
IN ACCEPTING A WASPC EQUIPMENT GRANT,THE Federal Way Police Department.
AGREES TO COMPLY WITH THE FOLLOWING GRANT CONDITIONS:
1. The equipment received as a result of this grant will be used as part of a department safety program.
2. The equipment received as a result of this project will be distributed as part of an agency's commitment to traffic
safety and active traffic enforcement. Agencies receiving grants are required(when possible)to support statewide
traffic safety initiatives to include:
• Three Flags Enforcement Blitzes(10 days in February,July,and October)
• Holiday Safety Emphasis Patrols(Memorial Day,Labor Day,and Christmas/New Year's)
Statewide activities will focus on Impaired Driving,Seatbelt/Child Car Seat Enforcement,and Speed Enforcement.
Results of Blitz/Emphasis activity will be reported on quarterly activity reports.
3. Equipment purchases must comply with the provisions of the Buy America Act(49 U.S.C. 5323(j))which contains
the following requirements: Only steel,iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would
be inconsistent with the public interest;that such materials are not reasonably available and of a satisfactory quality;
or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.
Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation
4. Reports describing the use of the equipment and related enforcement activity will be submitted to WASPC. Reports
are due no later than:
• October 15,2012
Reports will contain the following information:
A) Recap of current traffic safety enforcement and educational activities
B) Identified traffic safety issue addressed with this particular grant
C) Identified target audience
D) Equipment acquired with WASPC Equipment Grant
E) Enforcement activities conducted
F) Program success/Outcome(Final Report)
G) Problems Encountered
H) Department contact for program Commander Chris Norman Phone 253 835 6732
SIGNED: I3f(4' J. LAI 1fC4 DATE: 027/41-1'
(Chief or S r'
SIGNED: DATE:
Mitch Barker
Executive Director
PLEASE REMIT TO:
Intoximeters P.O. Box 798313 PAGE NO: 1 of 2
St. Louis, MO 63179-8000
2081 CRAIG ROAD INVOICE NO: 370728
ST.LOUIS,MO 63146
PHONE314-429-4000 INVOICE DATE: 08/28/2012
FAX 314-429-4170
I N V O I C E
CUSTOMER NO: WAFED3 YOUR ORDER NO:064514
CUSTOMER PH: 253-835-7000 OUR ORDER NO:CO-000000304410-0000
BILL TO: SHIP TO:
FEDERAL WAY (CITY OF) FEDERAL WAY POLICE DEPT
33325 8TH AVE SOUTH ATTN: KEITH PON
FEDERAL WAY WA 98003 33325 8TH AVENUE S
FEDERAL WAY WA 98003
TERMS: CASH #1: DISC: SHIPPED: 08/27/2012
CASH #2: DISC: SHIPPED VIA: GROUND
CASH #3: DISC: . F.O.B. : ORIGIN
CASH #4: DISC: SHIPMENT NO: 338988 REF: JB
NET DUE DATE: 092712 PRO NO: CSR: KLJ
QTY QTY QTY ITEM UNIT PRICE EXTD PRICE
ORDERED SHIPPED B.O. NUMBER US DOLLARS US DOLLARS
2 2 0 40-0000-02 420.00 840.00
AS FST (F224-02) 3A BRAC LOW LOSS
LOT: 40079571 QTY: 1
LOT: 40079573 QTY: 1
50 50 0 23-0120-00 0.00 0.00
MOUTHPIECE FST
2 2 0 29-0630-00 0.00 0.00
CASE MOLDED FST/AS3
2 2 0 27-0807-00 0.00 0.00
CASE WINDOW PROTECTOR LENS FST
2 2 0 27-9815-00 0.00 0.00
CASE FST DISPLAY PROTECTOR YELLOW
2 2 0 27-9825-00 0.00 0.00
CASE FST GRIP YELLOW
2 2 0 27-0825-00 0.00 0.00
CASE WRIST STRAP INTOXIMETERS _
2 2 0 26-0140-20 0.00 0.00
GUIDE QUICK REFERENCE LAMINATD FST
2 2 0 23-0190-00 0.00 0.00
MOUTHPIECE FST/ASVXL DRINK SNIFF YL
4 4 0 23-0130-10 0.00 0.00
MOUTHPIECE CUP PASSIVE FST SOFT
230 230 0 23-0120-00 0.20 46.00
mess otherwise stipulated by contract,a finance charge of 1.5% per
oath(or the highest rate allowed by law,whichever is less)will be
messed on all due balances.A restocking fee may be applied for
turned merchandise.
FEDERAL ID#:43-0906533
Thank you
PLEASE REMIT TO:
P.O. Box 798313
/ItOXI171E!te rS PAGE NO: 2 of 2
2081 CRAIG ROAD St. Louis, MO 63179-8000
INVOICE NO: 370728
ST.LOUIS,MO 63146
PHONE 314-429-4000 INVOICE DATE: 08/28/2012
FAX 314-429-4170
I N V O I C E
CUSTOMER NO: WAFED3 YOUR ORDER NO:064514
CUSTOMER PH: 253-835-7000 OUR ORDER NO:CO-000000304410-0000
BILL TO: SHIP TO:
FEDERAL WAY (CITY OF) FEDERAL WAY POLICE DEPT
33325 8TH AVE SOUTH ATTN: KEITH PON
FEDERAL WAY WA 98003 33325 8TH AVENUE S
FEDERAL WAY WA 98003
TERMS: CASH #1: DISC: SHIPPED: 08/27/2012
CASH #2: DISC: SHIPPED VIA: GROUND
CASH #3: DISC: F.O.B. : ORIGIN
CASH #4: DISC: SHIPMENT NO: 338988 REF: JB
NET DUE DATE: 092712 PRO NO: CSR: KLJ
QTY QTY QTY ITEM UNIT PRICE EXTD PRICE
ORDERED SHIPPED B.0. NUMBER US DOLLARS US DOLLARS
MOUTHPIECE FST
FREIGHT 27.50
PLEASE VISIT OUR WEBSITE AT WWW.INTOX.COM
SALES TOTAL: 886.00
'less otherwise stipulated by contract,a finance charge of 1.5% per SALES TAX• 86.79
nth(or the highest rate allowed by law,whichever is less)will be
sessed on all due balances.A restocking fee may be applied for FREIGHT: 27.50
urned merchandise. LESS: 0.00
OTHER CHARGES: 0.00
FEDERAL ID#:43-0906533 INVOICE TOTAL: 1,000.29
Thank you US DOLLARS
COUNCIL MEETING DATE: October 16,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: The Commons Mall Services Agreement for Police Services
POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept the Service
Agreement between the City Of Federal Way and Steadfast Commons II, LLC for police services at The
Commons at Federal Way for the term on January 1, 2013 to December 31, 2013?
COMMITTEE: Parks,Recreation,Human Services and Public Safety MEETING DATE: Oct. 8,2012
Council Committee (PRHS&PS)
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Sand_L-Tudor,Lieutenant DEPT: Police
Attachments:
1. PRHS&PS Memo
2. The Commons at Federal Way Police Service Agreement
Options Considered:
1. Accept Agreement
2. Reject Agreement
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: _� DIRECTOR APPROVAL4 A '�/J7�f�}J �v -�1in 'WAA
ommitt Council Committee l Council
COMMITTEE RECOMMENDATION:I move to forward the proposed Commons Mall Agreement to the October 16,
2012 City Council Agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Commons at Federal Way Agreement, effective
January 1, 2013 through December 31, 2013 with a total compensation of$151,526.76 and authorize the
Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1s`reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 8,2012
TO: Parks,Recreation, Human Services and Public Safety Council.Committee
VIA: Skip Priest,Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of the Services Agreement Between the City of Federal Way and
Steadfast Commons II, LLC,owner of the Commons at Federal Way.
Background
Officers who are assigned to work at the Commons Mall are commissioned police officers
providing full law enforcement and security services for the Commons Mall property. The.Mall
Resource Officers provide the opportunity for increased safety and security for patrons and
businesses which enhances the environment for greater commerce, increases public perception of
safety, and broadens our outreach and visibility in the community.
The original Commons Mall agreement was signed in 1999 and has been renewed by both parties
each year since then. The term of this Services Agreement is for one year,commencing January
1,2013. It shall come up for renewal again in 2014.
1
CITY OF CITY HALL
Federal I Wy 33325 8th Avenue South.PO Box 9718
federal Way,WA 98063-9718
(253)
r Way
�.,./
www atyofederalway.com
SERVICES AGREEMENT
FOR
THE COMMONS AT FEDERAL WAY POLICE SERVICES
This Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation("City"), and Steadfast Commons II, LLC, a Delaware limited liability company ("Owner"),owner
of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do
business at the below addresses:
STEADFAST COMMONS II, LLC: CITY OF FEDERAL WAY:
Lisa Whitney Brian Wilson, Chief of Police
1928 S. Commons Suite B 33325 8`h Ave S
Federal Way, WA 98003 P.O. Box 9718
253-839-6156(telephone) Federal Way, WA 98063-9718
(253)253-835-6701 (telephone)
lwhitney@steadfastcompanies.com (253)253-835-6739(facsimile)
Lynette.allen@cityoffederalway.com
The Parties agree as follows:
1. SERVICES. The City shall perform the services more specifically described in Exhibit "A",attached hereto and
incorporated by this reference("Services").
2. TERM. The term of this Agreement shall be for one year commencing on January 1",2013.
3, TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other
party thirty(30)days written notice at its address set forth set forth at the beginning of this Agreement. Either Party may
terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement.
4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the
salaries and benefits of each officer assigned to the Property for the time periods that they are assigned there.The numbers
of hours and total rate shall be as set forth in Exhibit "B" attached hereto and incorporated by this reference
("Compensation"). The City shall invoice and the Owner shall remit one twelfth of the total yearly compensation on a
monthly basis. From time to time the Parties shall agree on any adjustment in rates.
5. INDEMNIFICATION.
5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected
officials, officers,employees,agents, representatives, and volunteers harmless from any and all claims,demands,actions,
suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses,
fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in
connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional
acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or
intentional acts,errors,or omissions.
5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers,
directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands,
actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses,attorney's fees, costs, and/or litigation expenses to or by any and all persons or
SERVICES AGREEMENT - 1 -
CITY OF CITY HALL
,�. Federal Way 33325 8th y,WA South- 18 Box 9718
Federal Way,WA 98063-9718
(253)835-7000
awwv cil yo f ederaiway com
entities, including without limitation, their respective agents, licensees,or representatives, arising from, resulting from or
connected with this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the City,
except for that portion of the claims caused by the Owner's sole negligent or intentional acts,errors,or omissions.
5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The City agrees to carry as a minimum general liability insurance in the amount of at least
$1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of
insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish
copies of all insurance policies and with evidence of payment of premiums or fees of such policies. The provisions of this
Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such
expiration or termination. Alternatively, the City may provide evidence of self-insurance which shall constitute
compliance with this section.
7. CONFIDENTIALITY.All information regarding the City obtained by Owner in performance of this Agreement
shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If
the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it
is the Owner's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The
Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the
City sent notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does
not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has
notified the Owner of a public disclosure request,and the Owner has not obtained an injunction and served the City with
that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the
record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the
above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided
under this Agreement or(b)the Owner obligations under this Agreement. The Owner will fully cooperate with the City in
identifying and assembling records in case of any public disclosure request.
8. INDEPENDENT CONTRACTOR. The Parties intend that the City shall be an independent Contractor and that
the City has the ability to control and direct the performance and details of its work, the Owner being interested only in
the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave,
vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an
incident of employment.
9. GENERAL PROVISIONS.
9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The
respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be
deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is
declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may
be amended, waived,or modified except by written agreement signed by duly authorized representatives of the Parties.
9.2 Assignment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If
the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and
effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and
SERVICES AGREEMENT - 2 -
` CITY OF CITY HALL
,�. Federal Way 33325 8th Avenue South• Box 9718
Federal Way,WA 98063-9718 18
(253)835-7000
www cityoffederalway com
assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other
person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein.
9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the
beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited
in the United States mail, postage prepaid,to the address set forth above. Any notice so posted in the United States mail
shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or
by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this
Agreement,or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a
waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and
effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such
breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the City's right to declare
another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of
the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement,
the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its
legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals,
in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be
construed to limit the Parties' rights to indemnification under Section 5 of this Agreement.
9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and
warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the
City.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together
and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.
The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon
which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"
hereof.
[Signature page follows]
SERVICES AGREEMENT - 3 -
` CITY OF CITY HALL
33325�� Federal Way Feder 8th Avenue South• Box 9718
Federal Way,WA 98063-9718 18
(253)835-7000
www ci(yoflederalway.coin
IN WITNESS, the Parties execute this Agreement below,effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
Skip Priest, Mayor City Clerk,Carol McNeilly,CMC
APPROVED AS TO FORM:
DATE:
City Attorney, Patricia A Richardson
STEADFAST COMMONS II, LLC
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and
therein mentioned, and
on
purposes oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of , 2012.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
SERVICES AGREEMENT -4-
Ahh CITY OF CITY HALL
Fe d e ra 1 Wa 33325 8th Avenue South•PO Box 9718
�...� Way 33325
000 98063-9718
www cityoffederalway com
EXHIBIT"A"
SERVICES
1. The City will provide to the Property three(3) full time,experienced police officers("Contract
Officers")to provide security(in addition to other policy duties) for the Property, its businesses,
tenants,and customers. The Contract Officers will work in conjunction with private security or
other police agency representatives employed by the Owner at the Property or any of the Property's
stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property,
including its parking lot and perimeter, with office, booth,or kiosk fixed positions to provide
security, visibility,and police services. Contract Officers will lose no benefits,assignment, training,
or promotional opportunities due to the Agreement. Contract Officers will be assigned in one(1)
year increments, but may be rotated to address City needs or Owner interests.
2. The Property will be considered by the City as a mini-beat within the general geographical dispersal
structure of the City, placing it as a section within a regular beat. The regular beat officer, in which
the Property mini-beat exists, will provide presences and response capabilities consistent with
general beat management strategies. The Property's coverage by the regular beat officer will not be
reduced by the presence of the Contract Officers or by the use of other police agency representatives
or private security staff or agency representatives in the Property or in individual stores. All
supplemental police services will remain unaffected by the coverage provided for in this Agreement.
3. During assigned periods, the Contract Officers will respond to police or public safety incidents. If
the matter can be resolved by the Contract Officers expediently, no general assignment or
specialized assignment officers will need to respond. If needed,as determined by the City, other
officers will be dispatched as in the resolution of any similar matter through the City. If the incident
requires extended investigation or follow-up investigation away from the Property,or prisoner
transportation general assignment officers will relieve the Contractor Officers to allow them to
resume the Contract Officer duties as soon as practical.
4. The City will retain control over the Contract Officers and the Contract Officers will work under the
general and direct supervision of the Federal Way Police Department and the City. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment,
and will adhere to departmental policies and procedures. Contract Officers will be in uniform during
duty hours and will be provided with regularly used police equipment including vehicles and radios.
The City may at its option also provide bicycles, computers, or other equipment.
5. The Owner may provide office space, a public access kiosk,or other facilities. Property
Management may coordinate the security efforts of the Contract Officers on a day-to-day basis,
consistent with City policy, to assure continuity,coverage, and coordination of efforts; provided that
in the event of a conflict between any direction from the Owner or its agents and the City, the City
direction shall control.
6. Contract Officer absences due to illness, time off,or training will be replaced by general assignment
police officers, to maintain a continuity of coverage, when the absence will result in no Contract
Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit
B Compensation, and may be reduced based on the level of compensation actually provided to the
City. Specific hours of coverage will be established by the City in conjunction with the Property
management.
SERVICES AGREEMENT - 5 -
` CITY OF CITY HALL
�. 33325 8th Avenue • Box 9718
Federal Way
Federal Way,WA 98063-063-9718 18
(253)835-7000
wvw cityoffederalway corn
EXHIBIT"B"
COMPENSATION
In 2013 the City will provide the Contract Officers for a total of eleven(11)ten-hour shifts per week. The actual
days of the week and hours will be agreed upon by the Owner and the City based on the needs of both parties.
Below is a sample schedule:
Officer A: Sunday through Wednesday, 11:00 am to 9:00 pm
Officer B: Friday through Monday, 11:00 am to 9:00 pm
Officer C: Thursday through Saturday, 12:30 pm to 10:30 pm
This schedule is subject to change based on the needs of the Owner and the City.The City reserves the right to
adjust the schedule for the purposes of training, vacation, and other types of leave providing that the impact to
the Owner is inconsequential.
The 2013 rate(50%of the cost to the City) for this coverage is a total of One Hundred and Fifty One Thousand,
Five Hundred and Twenty Six and 76/100 Dollars($151,526.76)per year or Twelve Thousand, Six Hundred
and Twenty Seven and 23/100 Dollars($12,352.73) per month.
SERVICES AGREEMENT - 6 -
COUNCIL MEETING DATE: October 16,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:FY 2012 EDWARD BYRNE MEMORIAL JUSTICE GRANT(JAG)
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the BY2012
Edward Byrne Memorial Justice Grant(JAG)? Acceptance of the grant does not require matching funds.
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: Oct. 8, 2012
SAFETY COUNCIL COMMITTEE(PRHS&PS)
CATEGORY:
i4. Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:CATHY M.SCHROCK,CIVILIAN OPERATIONS MGR DEPT: Police
Attachments:
1. PRHS&PS Committee Memo
2. FY 2012 JAG Purpose Areas
Options Considered:
1. Accept Grant
2._ Reject Grant ---- — _..._.___......_..........__._._.—_.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: DIRECTOR APPROVAL:'�/�tA�ly� j��j ,
Committ Council Committ Council
COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant to the October 16, 2012 City
Council Agenda for approval
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval to accept the FY2012 JAG Grant, with a total compensation
of$34,020, and authorize the Mayor to accept said Grant."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED In reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED-08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 8, 2012
TO: Parks, Recreation, Human Services and Public Safety
VIA: Brian J. Wilson, Chief of Police
FROM: Cathy M. Schrock, Civilian Operations Manager
SUBJECT: FY '12 Edward Byrne Memorial Justice Assistance(JAG)Grant Program
Background
JAG funds support all components of the criminal justice system. JAG funded projects may
address crime through the provision of services directly to individuals and/or communities and
by improving the effectiveness and efficiency of criminal justice systems, processes, and
procedures.
Acceptance of the FY 2012 Edward Byrne Memorial Justice Assistance Grant will ensure the
services to be performed under this Agreement will be conducted for the stated purpose of the
Byrne Memorial Justice Assistance Grant(JAG)Program(42.U.S.C.3751(a.)The Edward Byrne
Memorial Justice Assistance Grant(JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions.
Program Description: Technology and equipment im rovements to enhance efficiencies in the
Police Department. Specific projects are described in the attached financial summary documents.
Project Award: $34,020.
Program Need: Provide investments needed to increase economic efficiency by spurring
technological advances to enhance safety and create efficiencies that allow officers and staff
more time serving the citizens of Federal Way.
1
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FY 2012 JAG Purpose Areas
Law enforcement programs
Prosecution and court programs
Prevention and education programs
Corrections and community corrections programs
Drug treatment and enforcement programs
Planning, evaluation, and technology improvement programs
Crime Victim and witness programs (other than compensation)
Project Name: Project Cost: 34,020
1) Taser Replacement
2) Expansion of UFED Mobile Device FWYPD Allocation: $35,345
Examiner Less 3.75%$ (1,325)
3) Expansion of Automated External
Defibrillator(AED) Program
4) Electrostatic Dust Lifter
Project Description:
1) Replacement of Tasers reaching end of life
Federal Way Police Department utilizes the Taser and assigns one per commissioned officer.
This tool is essential to the success of the resolution to many physical encounters that Officers
deal with on a daily basis. The Department is anticipating the need to replace 20 old or end of
life Tasers in 2012. There are no replacement funds for this equipment.
Project 1 cost: $9,000
2) Expansion of UFED Mobile Device Examiner
Upgrade from the standard UFED to the Ultimate UFED, providing the ability to conduct both
logical and physical extractions likely doubling the number of devices the agency could
successfully examine.
Project 2 cost: $ 5,060
3) Expansion of Automated External Defibrillator(AED) Program
Purchase of Automated External Defibrillator(AED) Devices
Project 3 cost: $ 19,060
4) Electrostatic Dust Lifter
Purchase PathFinder Omega Dust Print Lifter
Project 4 cost: $ 900
1
COUNCIL MEETING DATE: October 16,2012
ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: INTERLOCAL AGREEMENT FOR SERVICES RENDERED TO OUTSIDE AGENCIES
POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY/FEDERAL WAY POLICE DEPARTMENT ACCEPT
THE FORMATTED INTERLOCAL AGREEMENT FOR SERVICES RENDERED BY SWAT TO OUTSIDE AGENCIES?
COMMITTEE: PRHS&PS Committee MEETING DATE: Oct.8,2012
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
El City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Brian J. Wilson DEPT: Police
Attachments:
1. PRHS& PS Committee Memo
2. Interlocal Agreement for Services Rendered to Outside Agencies
Options Considered:
1. Accept the Interlocal Form
2. Reject the Interlocal Form
MAYOR'S RECOMMENDATION: �/
MAYOR APPROVAL: DIRECTOR APPROVAL: *A C1171,14
Committ Council Committee Council
COMMITTEE RECOMMENDATION:I move to forward the Interlocal Agreement for Services Rendered to Outside
Agencies form to the October 16, 2012 City Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Agreement for Services Rendered to
Outside Agencies form and authorize the Mayor to sign such agreement that substantially complies with the
approved form. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 8, 2012
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson,Chief of Police
SUBJECT: Interlocal Cooperative Agreement Valley Special Weapons and Tactics Team
Background
The Federal Way Police Department joined the Valley Special Response Team(Valley SWAT)
in 2001. King County and other municipalities within the Puget Sound area make up the multi-
jurisdictional team known as the Valley SWAT Team.
This Interlocal Agreement Form was created and approved by all the agencies connected with the
Valley SWAT Team. The Cities are in agreement that whenever an outside agency(not included
in the current SWAT Agreement)request's SWAT's assistance, they must first sign this form.
Rather than have Council approve a new interlocal each time an outside agency requests
assistance, staff is requesting that Council approve the attached form with the understanding that.
so long as the terms of the agreement remain the same,the Mayor would be able to sign each
interlocal agreement as they arise.
1
CAG-12-129
INTERLOCAL AGREEMENT FOR SERVICES OF
VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO (NON-
PARTICIPATING JURISDICTION)
THIS INTERLOCAL AGREEMENT is effective upon the date executed by all
parties. In consideration of the mutual covenants below,the parties agree as follows:
1. PARTIES. The parties to this Agreement are (non-participating
jurisdiction), a political subdivision of the State of Washington, and the municipalities of
Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and
the Port of Seattle, a port district,operating under the laws of the State of Washington.
2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93
(Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the
Revised Code of Washington.
3. PURPOSE. The (non-participating jurisdiction) does not
participate in the Valley Special Weapons and Tactics Team("VSWAT"), but desires to have the
VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary.
Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed
an interlocal agreement to organize and operate the VSWAT and might agree to allow the
VSWAT to assist the (non-participating jurisdiction) under certain
circumstances. This Agreement is intended to reflect the applicable terms and conditions
between the parties if the VS WAT's services are provided to the (non-
participating jurisdiction).
4. DURATION AND TERMINATION. The term of this Agreement shall be
effective through December 31, 2012. This Agreement shall automatically extend for
consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this
Agreement.
Any party to this Agreement may terminate this Agreement by providing written notice
of its intent to terminate to all other parties. A notice of termination shall become effective thirty
(30) days after service of the notice on the contract representatives, set forth below, for all other
parties.
In the event that a party does not generally and consistently comply with the
commitments outlined in this Agreement, the issue will be presented to the VSWAT Operations
Board for final resolution. Remedies may include establishing a timeline for compliance, a •
temporary reduction in involvement for a prescribed period of time, or termination of the
Agreement.
5. REQUEST FOR ASSISTANCE. The Chief of Police for (non-
participating jurisdiction) or any commissioned officer who is expressly authorized herein may
request the assistance and services of the VSWAT. Such request shall be directed to the Lead
VSWAT Commander. The VSWAT may or may not agree to provide its services, at the sole
discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the
VSWAT ILA for non participating agency Page 1 of 7
Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations
when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall
be deemed to obligate Auburn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to
make their members of the VSWAT available to the (non-participating
jurisdiction).
(name&rank orposition)or (name & rank or position) is
authorized to request VSWAT assistance on behalf of (non-participating
jurisdiction).
6. CHAIN OF COMMAND. If the request for assistance and services is granted,
the (non-participating jurisdiction) representative shall notify the Lead
VSWAT Commander of the identity of a command level officer from the (non-
participating jurisdiction)who shall act as the Incident Commander for the (non-
-participating jurisdiction) (hereinafter"Incident Commander"). The Incident Commander for
(non-participating jurisdiction) shall assume overall command and responsibility
for the incident. The Incident Commander shall establish a command post outside the inner
perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult
with the VSWAT Tactical Commander and evaluate the tactical options presented by the
VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to
accomplish the mission,the VSWAT Tactical Commander assumes command with respect to the
implementation of the plan. If the Incident Commander and VSWAT Tactical Commander
cannot agree on a tactical plan,the VSWAT shall leave the scene. (non-
participating jurisdiction)shall then handle the situation with its own resources.
7. VSWAT OPERATIONS. If the VSWAT's services are provided to the
(non-participating jurisdiction) the team will generally operate in accordance
with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the
VSWAT Tactical Commander for the circumstances.
8. COMPENSATION. (non-participating jurisdiction)
agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs
incurred in connection with the provision of services by the VSWAT as a result of the VSWAT
call-out to the (non-participating jurisdiction) including, but not limited
to, the cost of repairing or replacing any property, and all incidental expenses incurred by the
VSWAT team members in providing services pursuant to the request for services by
(non-participating jurisdiction).
9. ACCEPTANCE OF LIABILITY BY (non-
participating t urisdiction). (non-participating juri di t i on) agrees that any
liability or claim arising out of the actions or inactions of the members of the VSWAT acting
at
Y g g
within the course and scope of their duties when the VSWAT provides services at the request of
q _
(non-participating jurisdiction) shall be the responsibility of (non-
participating jurisdiction) . This provision is intended to expressly allocate liability by written
agreement as authorized by RCW 10.93.040 and is controlling over the default liability
VSWAT ILA for non participating agency Page 2 of 7
allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification
or payment of any judgment against any individual or party for intentional wrongful conduct
outside the scope of employment of any member of the VSWAT or of any judgment for punitive
damages against a VSWAT member or party to this Agreement. Payment of punitive damages,
if any, shall be the sole responsibility of the individual against whom said judgment is rendered
and/or his or her employer if that employer elects to make said payment.
In furtherance of the above provision, inon-participating
jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably
acceptable to the other parties and any named officers, the other parties to this Agreement and
their officers, officials and employees from any loss, claim or liability arising from or out of any
alleged or actual negligent tortious actions or inactions of the VSWAT, its members and
supervisors,that might occur or allegedly occur while (non-participating
jurisdiction) receives the assistance of VSWAT within its jurisdiction.
In the event that a claim or lawsuit is brought against a party or its employee(s) for
actions arising out of their conduct in the operation of the VSWAT, such party shall promptly
notify the other parties that said claim or lawsuit has been filed or commenced.
The parties to this Agreement and their respective legal counsel shall, to the extent
reasonably possible and consistent with the best interests of their respective clients, cooperate
with the defense of any lawsuit arising out of the operations of the VSWAT; provided this
cooperation does not require the parties to share any out of pocket litigation costs. Said costs
will be the responsibility of (non-participating jurisdiction).
•
Upon request by another party, each party shall disclose to the other parties the terms of
their respective liability insurance policies to allow for coordination of coverage. The consent of
any liability insurance carrier or self-insured pool or organization is not required to make this
Agreement effective between the parties, and the failure of any insurance carrier or self-insured
pooling organization to agree to follow the terms of this Agreement on liability allocation shall
not relieve any party from its obligations under this agreement.
10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or
funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be
established to conduct this cooperative undertaking, nor is there any acquisition, holding, or
disposal of real or personal property other than as specifically provided within the terms of this
Agreement.
Upon execution hereof, this Agreement shall be filed with the city clerks of the respective
participating municipalities, and such other governmental agencies as may be required by law.
11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered
pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall,
:pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of
police of each participating agency for the purposes of authorizing officers of VSWAT to
enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or
VSWAT ILA for non participating agency Page 3 of 7
police chief of each participating agency consents to the full exercise of peace officer powers
within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT
related activities.
12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the
essence. Should any dispute arise concerning the enforcement, breach or interpretation of this
Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event
the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as
amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King
County, Washington and the laws of the State of Washington shall apply.
13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has
the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of
this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or
ordinance of the governing body of each jurisdiction, where necessary.
14. CONTRACT REPRESENTATIVES. Each party shall have a contract
representative. Each party may change its representative upon providing written notice to the
other party. The parties'representatives are as follows:
Port of Seattle: • Chief Colleen Wilson, or her successor
City of Auburn: Chief Bob Lee,or his successor •
City of Federal Way: Chief Brian Wilson, or his successor
City of Kent: Chief Ken Thomas,or his successor
City of Renton: Chief Kevin Milosevich,or his successor
City of Tukwila: Chief Mike Villa, or his successor
Chief or his/her successor
(non-participating jurisdiction)
15. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete
expression of its terms and conditions. Any oral or written representations or understandings not
incorporated in this Agreement are specifically excluded.
16. SEVERABILITY. If any part, paragraph, section or provision of this Agreement
is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the
validity of any remaining section,part, or provision of this Agreement.
17. SIGNED COUNTERPARTS. This Agreement may be executed by
counterparts and be valid as if each authorized representative had signed the original document.
18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last
date of execution by the last authorized representative.
VSWAT ILA for non participating agency Page 4 of 7
PORT OF SEATTLE
Date:
Chief Colleen Wilson
•
Date:
Tay Yoshitani,Executive Director
Attest: Approved as to Legal Form:
By: Paul Bintinger,Port Counsel
CITY OF AUBURN
Date:
Bob Lee, Chief of Police
Date:
Peter B. Lewis,Mayor
Attest: Approved as to Legal Form:
By: Steven L. Gross,Assistant City Attorney
CITY OF FEDERAL WAY
Date:
Brian Wilson, Chief of Police
Date:
Skip Priest,Mayor
Attest: Approved as to Form:
By: Patricia Richardson, City Attorney
VSWAT ILA for non participating agency Page 5 of 7
CITY OF KENT
Date:
Ken Thomas, Chief of Police
Date:
Suzette Cooke,Mayor
Attest: Approved as to Form:
By: Pat Fitzpatrick,Deputy City Attorney
•
CITY OF RENTON
cl4Th I /l/! � Date:
` /18/l-
Chief, -yin Milosev' h
k. Date: /
�en1s I v,Mayan
•,,, . . . I Dyed as to Fo
• By::go a Waltokkity Clerk Lawrence J. Warren, City Attorney
,z .
• •
CITY OF TUKWILA
•
Date:
Mike Villa, Chief of Police
•
Date:
Jim Haggerton,Mayor
Attest: Approved as to Form:
By: , City Clerk 0 , City Attorney
•
VSWAT ILA for non participating agency Page 6 of 7
•
•
CITY OF
Date:
,Chief of Police
Date:
, Mayor/City Manager
Attest: Approved as to Legal Form:
By: , Counsel for
VSWAT ILA for non participating agency Page 7 of 7
COUNCIL MEETING DATE: October 16,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)GRANT -TARGET ZERO TEAMS MOU
POLICY QUESTION: Should the City Of Federal Way/Police Department accept grant funds in the amount of
$16,320.00. This funding would be used for overtime DUI Target Zero Team patrols.
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE:October 8,
SAFETY COUNCIL COMMITTEE(PRHS&PS) - 2012
CATEGORY:
• Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt.Jim Nelson DEPT: Police
Attachments:
1. PRHS&PS Memo
2. TZT Memorandum of Understanding2012
Options Considered:
1. Accept Grant
2. Reject Grant
MAYOR'S RECOMMENDATION: ji ]�J
MAYOR APPROVAL: DIRECTOR APPROVAL: . tAli4,2 kA dL x/'7 2
mmitt Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the October 16, 2012 City
Council agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Target Zero Team MOU Agreement, effective
October 1, 2012 through June 30, 2013 with a total compensation of$16,320.00, and authorize the Chief of
Police to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS'OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 8,2012
TO: Parks,Recreation,Human Services and Public Safety Council Committee
VIA: Skip Priest,Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI patrols.
Background
The Washington Traffic Safety Commission(WTSC)and the City of Federal Way have an existing
partnership, focused on DUI enforcement. WTSC funding has allowed Federal Way Police to
strengthen DUI enforcement through overtime funded DUI patrols. WTSC funding has provided
overtime patrols which have netted more than 45 DUI arrests within Federal Way in the past two
years alone.
Proposal
That the City Of Federal Way accept a Memorandum of Understanding(MOU)for a term:
October 01,2012 through June 30,2013. This will provide the City of Federal Way Police
Department$16,320 in overtime funding to continue Target Zero DUI Patrol Teams in Federal
Way.
Funding Source
Washington Traffic Safety Commission(WTSC).
1
t3Sai
w {
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
Target Zero Teams
North and South King County Target Zero Task Forces
Law Enforcement
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into
by and between the FEDERAL WAY POLICE DEPARTMENT ( Agency) and
the Washington Traffic Safety Commission (WTSC).
TERM: October 1, 2012 to June 30, 2013
AMOUNT: NOT TO EXCEED $16,320
CFDA # 20.600
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King
County Law Enforcement Agencies to participate in the Target Zero Teams
project.
GOAL: to reduce the number of people killed or seriously injured by impaired
drivers in King County through aggressive, multi jurisdictional, high-visibility
patrols using an integrated systems approach to traffic safety which is
evidenced-based and targets the locations where the most safety benefit can
be realized.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at
times and locations where data indicates that the most safety benefit can
be realized as determined by the King County Target Zero Task Forces.
2. CONDITIONS: (Agency) will deploy highly skilled officers in coordination
with other King County Law Enforcement agencies, the King County
Target Zero Task Forces, and the WSP District 2 Target Zero Team to
generate the highest amount of deterrence possible.
(Agency) certifies that all of the officers that participate in patrols under
the terms of this agreement are SFST trained. SFST training is required
as follows:
Created:August 2012 TZT KING LE MOU FFY 2013 Page 1 of 4
• Officers who received SFST training prior to 2008 will need to
pass SFST refresher training before participating on these
patrols.
• Officer who received SFST training in 2008 or later will need to
take the SFST refresher training when their BAC re-certification
is due to stay current and be qualified to work these patrols.
(BAC re-certification and SFST refresher training are required
every three years.)
• The 16-hour Advanced Roadside Impaired Driving Enforcement
(ARIDE) course is recommended for officers participating in
Target Zero Team patrols.
3. PAYMENT FOR LAW ENFORCEMENT: (Agency) will provide commissioned
law enforcement with appropriate equipment (vehide, radar, etc.) and on
an overtime basis (not to exceed 1.5 times their normal salary and
benefits) to participate in these emphasis patrols.
Overtime for court appearances that result from a law enforcement officer
making a DUI arrest while on Target Zero Teams patrol will be considered
for reimbursement with approval from the Target Zero Manager or her
designee.
4. DISPATCH: WTSC will reimburse communications officers/dispatch
personnel for work on this project providing (Agency) has received prior
approval from the Target Zero Manager.
5. GRANT AMOUNT: WTSC will reimburse (Agency) for overtime salary and
benefits. Your agency is allotted $16,320 dollars for the cost of this
project. This allocation may be increased by your Target Zero Manager
during the above campaign(s), without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of -
the original amount. Any increase in allocation exceeding 50% will
require an amendment to this document.
6. PERFORMANCE STANDARDS:
a. All participating law enforcement officers are required to have 3
self-initiated contacts per hour of enforcement, or show DUI
arrests.
b. Some violator contacts may result in related, time-consuming
activity. This activity is reimbursable.
c. Other activities, such as collision investigation or emergency
response that are not initiated through emphasis patrol contact
WILL NOT be reimbursed.
9. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19-1A Form).
Created:August 2012 TZT KING LE MOU FFY 2013 Page 2 of 4
• (Agency) identified as the"Claimant";
• A Federal Tax ID #; and,
• Original signature of the agency head, command officer or
contracting officer.
b. Payroll support documents (signed overtime slips, payroll
documents).
c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or
more self-initiated contacts per hour and/or DUI arrests for
reimbursement for any patrol overtime reimbursement.
10. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases
conducted prior to June 30 must be received by WTSC no later than August
15, 2013. Claims for activity conducted between July 1 and September 30
must be received by WTSC no later than November 15. Monthly billing is
preferred.
11. DISPUTES: Disputes arising under this Memorandum shall be resolved
by a panel consisting of one representative of the WTSC, one
representative from (Agency), and a mutually agreed upon third party.
The dispute panel shall decide the dispute by majority vote.
12. TERMINATION: Either party may terminate this agreement upon 30
days written notice to the other party. In the event of termination of this
Agreement, the terminating party shall be liable for the performance
rendered prior to the effective date of termination.
13. SUPPLANTING DISCLAIMER: I certify that none of the funds for this
project supplant the normally budgeted funds of this agency nor do
these funds pay for routine traffic enforcement normally provided by this
agency.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
Federal Way Police Department
Agency Washington Traffic Safety Commission
J"1011 CAM/Otkitf
Contracting Agent(Print) Date
Signa re/
Vidbol _
Date
Created:August 2012 TZT KING LE MOU FFY 2013 Page 3 of 4
Agency address (for mailing fully executed MOU):
.?330,25 8-r/ ,4v s
fc • ML w4 ?8c6.3
Agency PIO contact:
Gk 7 ' sc {Roc
w = X53 S.35. 6850
C) Lob 311- 23bb
Please return two signed MOUs to your Target Zero Manager.
Sara Wood
Target Zero Manager
Kent PD - 220 4th Ave. S.
Address
Kent. WA 98032
City/State/Zip
253-856-5851/swoodebkentwa.gov
Phone/E-mail
Target Zero Manager will return to:
Shelly Baldwin, WTSC Impaired Driving Program Manager
621 - 8th Avenue SW, Suite 409, PO Box 40944
Olympia, WA 98504-0944
360.725.9889 sbaldwin @wtsc.wa.gov
Ii
Created:August 2012 171 KING LE AAOU FFY 2013 Page 4 of 4