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Council PKT 10-16-2012 RegularCITY OF ,� Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 16, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE Led by Boy Scout Troop #398 3. PRESENTATIONS a. Juried Art Show Winners b. Certificates of Appointment — Planning Commission c. Certificates of Appointment - Human Services Commission d. Mayor's Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAK/NG. When recognized by the Mayor, come fonvard to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. Al! items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 2, 2012 Special and Regular Meeting... paye 3 b. 2012 Asphalt Overlay Program — Project Acceptance ... page 13 c. 2013 Asphalt Overlay Program Preliminary List and Authorization to Bid ... page 15 d. Federal Way Public Schools 2013 Capital Facilities Plan ... page 24 e. Adoption of the Program Year 2013 Community Development Block Grant Annual Action Plan ... page 58 f. WASPC Grant for Two Portable Breath Test Devices ... paye ss g. The Commons Mall Services Agreement for Police Services .., page 10� h. Fiscal Year 2012 Edward Byrne Memorial Justice Grant (JAG) ... paqe �os The Council may add items and take action on items not listed on the agenda. i. Interlocal Agreement for Services of the Valley SWAT Team to the City of Federal Way and other Valley Agencies ... page 112 j. Washington Traffic Safety Commission (WTSC) Grant — Target Zero Teams MOU ... page 121 6. COUNCIL BUSINESS a. Lodging Tax Advisory Committee Appointments ... page T2� b. Performing Arts and Conference Center (PACC) ... page 12s c. State Office of Public Defense — Grant Acceptance ... page �3a 7. COUNCIL REPORTS 8. MAYOR'S REPORT 9. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 1D. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: October 16, 2012 ITEM #: `M _ ..... _.. ................_........_.............................._............................................._...................................__. ..... .. ...........__...._........_....................................._...........................................................__.....................__..... _ ................................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the October 2, 2012 Special and Regular Meetings? COMMITTEE: N/A CATEGORY: � Consent ❑ City Council Business ■ � Ordinance Resolution MEETING DATE: N/fl ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources _..._ ................�......._..__............................................................................................................._....._........................................._................................................................................................................................_......_. _.__............................................._......................................._....._........................_.__......__�.�......._._ Attacl�ments: Draft minutes from the October 2, 2012 Special and Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/fl �_ DIRECTOR APPROVAL: N/fl Committee Council Commi[tee COMMITTEE RECOMMENDATION: N/�1 PROPOSED COUNCIL MOTION: "I MoVE APPROVAL oF THE MINUTES, AS PRESENTED". (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 — 02/06/2006 RESOLUTION # N/�1 Council CITY OF � Federai Way MINUTES f EDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall October 2, 2012 6:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:00 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council and City Attorney adjourned to executive session at 6:01 pm to discuss Sale of Property pursuant to RCW 42.30.110(1)(c), Collective Bargaining pursuant #o RCW 42.30.140(4)(b) and Potential Litigation pursuant to RCW 42.30.110(1)(i) for approximately one hour. The Council adjourned from executive session at 7:00 pm. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 7:00 pm. Attest: Caro1 McNeilly, CMC, City Clerk Approved by Council: Ciry Council Minutes — October 2, 2012 Special Meeting Page 1 of 1 GITY OF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 2, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the rneeting to order at 7:05 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councitmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. Motion: Councilmember Duclos moved to amend the agenda and add item 6(e)/ Proposed Settlement Agreement with Waste Management. Councilmember Freeman second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 3. PRESENTATIONS a. Glean Citv Heroes Recognition Deputy Mayor Ferrell announced this presentation was to recognize a group of individuals, volunteers and city staff that work very hard to keep Federal Way clean. Litter and graffiti send a message that people don't care about the community. When you have litter and graffiti problems, vandalism and crime often follow. The individuals being recognized this evening contribute to a City Council Minutes — October 2, 2012 Regular Meeting Page 1 of 8 cleaner city as well as a safer community. City staff inembers Mei Nong and Jack Johnson were presented with certificates of appreciation for their work in graffiti removal. The Council has made graffiti removal a priority for many years. Currently there are two positions funded to remove graffiti from public property and right-of-ways. Both individuals work very hard to ensure when graffiti occurs it gets removed quickly. Citizens can report graffiti by calling 253-835-2617. Another aspect of a clean city is litter rernoval. Vadis is a litter crew removal company that the city contracts with. Vadis crew members are dedicated individuals who do a tremendous job removing litter along public rights-of-way throughout the city. Vadis crew members were presented with certificates of appreciation for their dedication and hard work in the community. Vadis crew supervisor Terri Guffey stated Vadis has been working in the City over 14 years and during an average week they collect 18 bags of litter and 20 bags of recyclables. The community has been welcoming and they have received thanks from individuals for their work. Volunteers afso play a crucial role in litter removal. Individuals who take it upon themselves to remove litter from their neighborhoods, parks and other areas a�`e part of the Clean City Heroes. Their efforts result in a cleaner City. The following individuals were declared "Litter Heroes": Pat and Margery Godfrey, Kathy Gus, Edith Neether, Michelle Biden, Bob Sto1z, Mike and Mary Kun and Cal Smith. Mayor Priest noted #hat the City's Solid Waste and Recycling Division provides Litter Picker Volunteers with garbage bags and safety vests. If you wish to get involved with this program, contact Jeanette Brizendine at 253-835-2771. b. Proclamation: Anti-Bullvinq Councilmember Kochmar reported the problem of bullying has become nationally recognized, partly due to the tragedies associated with bullying incidents. In June the Gity and a group of students from the Civic Engagement Club at Mark Twain Elementary School unveiled an anti-bullying mural at Celebration Park. The mural inspired the City to review it policies on bullying. The City has many connections with youth; School Resource Officers are at all high schools; the Federal Way Community Center and Dumas Bay have programs catered to youth; and there are city parks and playgrounds for children. Councilmember Kochmar noted that on the Consent Agenda, for Council approval, there is a Resolution supporting all efforts to stop bullying within the City. Councilmember Kochmar read the Anti-Bullying Proclamation into the record and presented it to Americorps leaders Nicole Johnson and Dennis Porter and the students from the Civic Engagement Club. Mr. Porter thanked the Council for recognizing this important issue. Ms. Johnson expressed how proud she is of her students for taking on the issue of bullying not only at their school but citywide as well. c. Proclamation: Domestic Violence Awareness Deputy Mayor Ferrell reported that the Gity has been a leader in legislation involving domestic violence and is committed to protect citizens. Domestic Ciry Council Minutes — October 2, 2012 Regular Meeting Page 2 of 8 violence transcends all walks of lives and affects aduits, children, families and businesses. Exposure to domestic violence puts individuals at risk for long-tern emotional, psychological and physical harm. Statistics show that one in four women and one in thirteen men will experience domestic violence in their lifetime. Deputy Mayor Ferrell read the proclamation into the record and presented it to members of the City's Domestic Violence Task Force Police Chief Brian Wilson, Domestic Violence Prosecutor Pauline Freund, Domestic Violence Advocate Cathy Williams and community member Janis Chase. Task force members thanked the Council for for their commitment to ending domestic violence. d. Proclamation: Decatur Hiqh School DECA Week Councilmember Freeman noted DECA is a student business association at Decatur High School. The mission is to prepare emerging leaders and entrepreneurs in marketing, financing, hospitality, and management. Students will participate in leadership activities and business competitions throughout the year. Councilmember freeman read the DECA Week proclamation into the record and presented it to Decatur High School students Jenny Suh and Jessica Godfrey who provided a brief summary of the events that occur during DECA Week at Decatur High School. e. Mavor's Emerqinq Issues • Copper Wire Theft Parks and Public Works Director Cary Roe reported the city has experienced wire theft at approximately twelve locations this year. Wire has been stolen from street lights and outlets located in rights-of-way and at Ce�ebration Park. The cost to repair and restore the stolen wire totals over $100K so far this year. The City has taken steps to discourage wire theft such as welding down junction box lids and is now engaging a public awareness campaign to enlist the public help. An informational flyer has been prepared and will be distributed in an effort to get people to report suspicious activity related wire theft by calling 9-1-1. Mayor Priest noted this issue will be considered as part of the City's legislative agenda. • Mavors Dav of Concern for the Hunqry Mayor Priest extended his thanks to all of the volunteers and organizations involved with the Mayor's Day of Concern. Final numbers regarding food collection have not been provided to the City yet, however, he does know the event was very successful. • Former AMC Theatre Site Mayor Priest announced that the City received word from ARCADD Inc. today that they were unable to receive the earnest money as set forth in the proposed Purchase and Sale Agreement. Representatives from ARCADD Inc. are optimistic that the funding will come through. In the meantime, staff will begin work to pursue the re-development concept for that site. Community and Economic Development Director Patrick Doherty provided a brief history of the former AMC Theatre Site and the proposed Ciry Council Minutes — October 2, 2012 Regular Meeting Page 3 of 8 redevelopment plan. The proposed plan is comprised of a park/open space component on approximately half of the property and retail/private development on the remainder of the site. Next steps in this process include staff continuing to develop potential funding scenarios and engage architects to explore and share concept alternatives. Council may also wish to conduct a site visit and discuss development options. Once Council selects a development concept, an RFP for a co-development with a private sector partner would be issued: Councilmember Duclos noted including residential development is an important element to include in the plan. Councilmember Honda would like to see an open-house meeting conducted on this item where citizens can provide input. Councilmember Celski supports developing a central meeting point in the downtown. 4. ClTIZEN COMMENT Diana Noble-Gulliford with the Federal Way Historical Society stated October 15�' will be the final day of the year that the historical cabins are open at West Hylebos Park. On October 27tn there will be an historical speaker at the Federal Way Library. November 12th will be the Historical Society's annual Veterans Day program. Garv Grant spoke regarding street sweeping services in the City. He would like to see the City invest in street sweeping equipment to provide better service to the public. He would also like the City to look into managing s#reet light contracts. Sandv Wallace spoke regarding red-light photo tickets she received and the issue of malfunctioning photo-enforcement equipment. She suggested posting additional signage to improve driver awareness of the enforcement zones. Porsche Appleman spoke in support of installing speed zone cameras on Hoyt Road near Green Gables Elementary SchooL Trise Moore, Director of federal Way School District Family and Community Partnership Office spoke to the importance of networking to support students to ensure they succeed in school. They will be hosting a Key Communicator meeting on October 30th from 6:30 pm to 8:00 pm. Donald Barovic reported that a rental home he owns was vandalized and that the Police were quick to respond to the calL He encouraged the Gity to consider assuming Lakehaven Utility Distric#. He stated that a local business was forced to move out of the city due to the lack of support from the city. Jerrv Galland submitted written comments for the City Clerk to read into the record regarding the proposed siting of the new King County Transfer Station on S 320th and east of I-5 and the City's ietter to Dow Constantine on the siting options. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. City Council Minutes — October 2, 2012 Regular Meeting Page 4 of 8 a. Minutes: September 18, 2012 Speciai and Regular Meeting b. Vouchers — August 2012 c. Monthly Financial Report — August 2012 d. Resolution: Supporting Efforts to Stop Bullying Within the City - Resolution 12-625 e. 2013 CDBG Community Economic Revitalization Funding Recommendations Motion: Deputy Mayor Ferrell moved approval of items 5(a) through 5(e). Councilmember Duclos second. Vote: Deputy.Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilrnember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Counci�member Duclos Yes � Motion carried 7-0. 6. COUNCIL BUSINESS a. 2013-2014 Budqet Presented to Council Mayor Priest reported the preliminary 2013-2014 biennial budget had been distributed to the Council and information is also posted on the city's website. Some of the budget challenges include low revenues, and rising costs including healthcare, state pensions and jail costs. No new taxes or across the board fee increases are proposed. The draft budget maintains current staffing levels, with no cost of living adjustments. The 2012 projected ending fund balance is projected at $9.6M Mayor Priest reviewed his recommendations for addressing the budget gap and added that containing jail costs is a high priority for the city. The projected ending fund balance for 2013 is $6.3M and $2.5M for 2014. Mayor Priest reviewed the dates for the upcoming budget meetings. The Council had a discussion on the SCORE Jail. Deputy Mayor Ferrell requested the SCORE budget presentation include historical information on the City's jail costs. b. Human Services Commission Appointment Motion: Councilmember Honda moved to appoint Brian Sandler as a voting member on the Human Services Commission to fill the remainder of an un- expired term of January 31, 2015. Councilmember Duclos second. Vote: Deputy Mayor ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes City Council Minutes — October 2, 2012 Regular Meeting Page S of 8 Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. c. Planninq Commission Appointments Motion: Councilmember Celski moved to re-appoint Merle Pfeifer, Sarady Long and Tim O'Neil to the Planning Commission with terms expiring September 30, 2016. Councilmember Kochmar second. Vote: Deputy Mayor Ferrell Yes Gouncilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. d. Council lnput on Kinq Countv Transfer Station Sitinq Process Mayor Priest reported that King County has identified property at S. 320th Street and east of I-5 as one of four potential sites being considered for a new transfer station. While the property is located in unincorporated King County, potential traffic and environmental impacts to the City and citizens are significant. Councilmember Dudos and city staff attended a public meeting on this item on September 27'". Solid Waste/Recycling Coordinator Rob Van Orsow provided background information on this item as well as key criteria being considered as part of the siting process. Staff has drafted a letter to King County Executive Dow Constantine that addresses the City's concerns with the proposed location at S 320th and east of I-5 for full Council signature. Councilmembers asked clarifying questions of Mr. Van Orsow. Motion: Councilmember Duclos moved to approve sending a letter signed by the fuli Council regarding transfer station siting to King County. Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Yes Councilmember'Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. e. Proposed Settlement Aqreement with Waste Manaqement Parks and Public Works Director Cary Roe reported Waste ManagemenYs labor strike resulted in missed collections to customers in the City. In accordance with the City's contract with Waste Management the City requested performance fees City Council Minutes — October 2, 2012 Regular Meeting Page 6 of 8 for the missed collections. As outlined in the proposed settlement agreement, Waste Management will credit residential customer's accounts $10.00 and commercial/multi-family customer's accounts $50.00. One provision in the agreement states if Waste Management enters into other agreements with cities where the customers receive greater credits, Federal Way customers will receive credit for the difference. By accepting the proposed settlement agreement, the City will waive its claims against Waste Management for performance fees and any claims it may have arriving out of missed collections. Motion: Councilmember Duclos moved to authorize the Mayor to execute the proposed Settlement Agreement with Waste Management. Deputy Mayor Ferrell second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 7. ORDINANCES Second Reading: a. CB 610: Amendinq FWRC 2.05.170 and 2.05.180 Public Defense Standards An ordinance of the City of Federal Way, Washington, relating to Public Defense Standards; amending FWRC 2.05.170 and 2.05.180 At the September 18, 2012 Council meeting, City Attorney Richardson provided a presentation on #his item and Council forwarded the ordinance to this rneeting for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Honda moved to approve the proposed ordinance. Councilmember Freeman second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Ordinance 12-729 8. COUNCFL REPORTS Ciry Council Minutes — October 2, 2012 Regular Meeting Page 7 of 8 Councilmember Kochmar had no report. Councilmember Honda reported on the results of the chili-cook off that occurred last weekend. Next PRHSPS meeting is October 8t"� The winners of the Juried Art Show will be presented at the next City Council meeting and the People's Choice award will be presented in December. Deputy Mayor Ferrell had no report. Councilmember Burbidge reported the next LTAC meeting is October 10t". She reported on upcoming arts and community performances and noted the City is offering Green Your Home Workshops. Councilmember Celski reported The Reach-Out Organization held a fund raiser last week where they raised over $50K that will go towards sheltering the homeless in Federal Way. Councilmember Freeman reported FW Community Center Employee Sharon Boyle coordinates programs for children with disabilities. One program is a weekly outing to go bowling. Councilmember Duclos recognized the Federal Way Technology Access Foundation Academy on their National Award as the top Middle School in the county for math instruc#ion. Next Saturday is the 2"d Annual Spaghetti Feed benefitting Advancing Leadership. 9. MAYOR'S REPORT Mayor Priest had no report. 40. EXECUTIVE SESSION The Council did not adjourn into executive session. � D�+cn4i.+l I ilin.+Fi�n rn��ro��.�.r,�+n �r`\A/ A7 Q!1 11l1/4\/�\ 11. ADJOURNMENT Mayor Priest adjourned the meeting at 9:59 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — October 2, 2012 Regular Meeting Page 8 of 8 COIJNCIL MEETING DATE: October 16, 2012 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: 2012 Asphalt Overlay Project — Finai Acceptance POL[CY QUESTION: Should the Council accept the 2012 Asphalt Overlay Project constructed by Lakeside Industries as complete? ____ _ COMMl1TEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEET[NG DATE: October 1, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works ec or DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated October 1, 2012 OpNons Considered: � i. Authorize final acceptance of the 2012 Asphalt Overlay Project constructed by Lakeside Industries, in the amount of $1,857,793.93 as complete. 2. Do not authorize final acceptance of the completed 2012 Asphalt Overlay Project constructed by Lakeside industries as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the October 16, 2012 Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR ��,� APPROVAL: L�/'/"I �� Committce ouncil Committee Couucil COMM[TTEE RECOMMEIYDATION: Forward Option 1 to the October 16, 20i2, 2012Council Consent Agenda for approvaL r� / �� . I u%'!�- r-� ":.. �� Susan Honda, Member PROPOSED COUNCIL MOT[ON: "I move approval of final acceptance of the 2012 Asphalt Overlay Project constructed by Lakeside Industries, in the amount of$1,857,793.93 as eomplete. " (SELOW TO BE COMP�ETED BY CITY CLERRS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNC[L BILL # ❑ DEN[ED lST reading ❑ TABLED/DEFEIiRED/NO ACTION Enactrnent reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV[SED -02/06/2006 RESOLUT[ON t� DATE: TO: VIA: FROM: SUBJECT: CITY OF FEDERAL WAY MEMORANDUM October 1, 2012 Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Pu Jeff Huynh, Street Systems Engineer � 2012 Asphalt Overlay Project — Projec�' BACKGROUND: [1 �p 1 ic Works and Emergency Management Acceptance Prior to release of retainage on a Public Works construction project, the City Council must acce.pt the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2012 Asphalt Overlay Project contract with Lakeside Industries is complete. The finai construction contract amount is $1,857,793.93. This is $50,590.07 below the $1,908,384 (including 3.86% contingency) budget that was approved by the City Council on March 20, 2012. cc: Project File Central File K:\LUTC�2012\10-01-12 2012 Asphalt Overlay project - Pmject Acceptance.doc COIJNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUB.�ECT: 2013 Asphalt Overtay Program Preliminary Project List and Authorization to Bid POLICY QUEST[ON: Should the Council approve the 2013 Asphalt Overlay Program Preliminary Project List, and authorize staff to proceed with the design and bid of the proposed 2013 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEET[NG DATE: October i, 2012 ❑ Public Hearing Other STAFF REPORT BY: Marwan Salloum, P.E., De�ut_y Public Works Direc ___ __ EPT: _Public Works _____ __ ____ ____ Attachments: Land Use and Transportation Committee memorandum dated October 1, 2012. Options Considered: 1. Approve the list of streets for the 2013 Asphait Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2013 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2013 Asphait Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staffto modify the preliminary iist and return to Committee for further action. MAYOR'S RECOMME1vDATION: Mayor recommends forwarding Option 1 to the October 16, 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: //�� D[RECTOR APPROVAL: ��— �,�'�"�� 1 Committe Committee Council COMM[TTEE RECOMMENDAT[ON: Forward Option 1 to the October 16, 2012 Council Consent Agenda for approvai. � ,�, �' �,�.`"� �'�z,�,�,�' - � �� .� - , ob Celski. Chair eanne Burbidge. Member Susan Honda, Member PROPOSED COUNCIL MOTION: "Approve the list of streets for the 2013 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2013 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2013 Asphalt Overlay Budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED B Y ClTY CLERKS OFFICEJ COUNCIL ACTION: ❑ APPROVED COUNC[L BILL # ❑ DENIED lST reading ❑ TABLED/DEFEitREDINO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORD[NANCE # REV[SED — 02/06/2006 RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: BACKGROUND' CITY OF FEDERAL WAY MEMORANDUM October i, 2012 Land Use and Transporta.tion Committee Skip Priest, Mayor �,,,� Cary M. Roe, P.E., Director of Parks, Public Works and Emergency ManagementL�"' �- Jeff Huynh, Street Systems Enginee� 2013 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Public Works staff has devetoped a list of recommended streets for the 2013 Asphalt Overlay Program. The total estimated budget for the program is $1,800,267 and is comprised of the following: � 2013 Proposed Overlay Budget • 2013 Structures Budget � 2012 Carry Forward (estimate) • Proposed budget transfer from the Annual Transportation System Safety Improvements Fund TOTAL FUNDING AVA[LABLE $1,484,000 $166,267 $100,000 $50,000 51,800,267 The transfer of the $166,267 from the structures budget and the proposed transfer of $50,000 from the Annua.l Transportation System Safety Improvements fund are for the City's annual Sidewalk Maintenance Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of streets to be included in the 2013 Asphalt Overlay Program. T'he streets were selected using the City's Pavement Management System and were veri6ed by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRIPTION AMOUNT A SW 356`�' Street — City limit to 1S`� Ave SW $329,000 B Adelaide Park $250,000 C West Campus Office Park/West Highlands $300,000 D S 348�' Street — 9`h Ave S to 3'� Ave S $317,000 E SW 320`i' Street — 30�' Ave SW to 2151 Ave SW $393,000 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $1,589,000 5 % Construction Contingency $79,450 Pavement Management System $50,000 In-house Design $60,000 Construction Administration $100,000 City's Administrative Fee $66,368 Printing and Advertising $3,500 EST[MATED TOTAL PROGRAM COST: $1,948,318 October 1, 2012 Land Use and Transportation Committee 2013 Asphalt Overlay Program Page 2 of 2 The estimated cost of $1,948,3i8 is a preliminary figure used for estimating purposes only and inclades construction administration, five percent construction contingency, in-house design and construction management, printing and advertising. The 2013 Asphalt Overlay Project wiil be awarded within the avaiiable overtay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is February 2013, with construction beginning in May 2013. k:Uutc�2012\10-01-12 2013 Asphalt Overtay list.doc 2013 ASPHALT OVERLAY MapDate:B/29/12 C,}� O� City of Federal Way � 33325 Sth Ave S Federal Way PRELIMINARY PROJECT (�2��7��ay� ��T„ � This map is intended for use ��`�Federal Wa 0 0.5 1 as a graphical representation. /� � Miles The City of Federal Way makes ' N . .-- - ------._..-•----.----�_.---.---,..__.- -----• ----..._...._.. ------_-_ . .. �o warranty as to its accuracy. Map Date: 8J29J12 City of 2013 PRELIMINARY PROJECT � 5�� e'S ay Federai Way ��fe„�y,�.9�3 SCHEDULE A iP�2��-�� (iM www.cicyoffederanaay.com ' a' 351 ST �N S ,� SW 352 ST G SW 352 � S P� W 353 PL t/� V� 35� 35�` S s�{ � S� s� � � > Q � Q ��4� � !� � N SW 355 PL; SW 356 ST � . � .,� :� .: �� ST NE �'�. � u� u� `�SW 357 � SW 357 �, �� Q Q CT Q � o 00 � S T � E 'k� cv �- �,.� SW 358 �� CT w `�� 'O S i!V 3S T N E z .y��, � � � F� L �� Q � �-� �- � � �� . �egena � 2`5 �T NE �``., �;� .� A �„��`•4 `-G C/7Y OF ,�, Federal Way 0 160 320 �� Feet 'fhis map is intended for use as a graphical �epresentation. TMe City of Federai Way makes no warranty as to its accuracy. � N Map �aEe: 8/29/12 City of 2013 PRELIMINARY PROJECT 3�'258mA e'�Y Federal Way SCHEDULE B ��2`�� 98003 (Vh www.atyolFederalway_com � SW � 300 ryo�� ST 5�� 30 Q�' � � Q N SW 305 ST N �1" SW � � 306 ST � °" � � >. �� Q M N � M N � Q N � � �� N SW 305 ST . Q � SW306P� SW N SW 307 ST 308 ST SW � �� 308 308 � �G Q�, ST .,. SW cS�� T � 308 �o � CT �gend SW _ 309 cm or ,,� Federal Way ; a N � � n � SW 304 ST SW 306 PL SW 306 LN SW 307 ST � � Q � SW 308 PL �� ti � SW � �'p�� " 309 ST a A� � � � N � ``� � ��n. a� � � r'` � � a � SW 304 Q �� SW 30s � 15 � PL Q SW SW c� 307 � ST SW 308 PL This map is intended fo� use 230 460 as a graphical representation. � Feet The City of Federal Way makes no wamanty as to its accuracy. J[1 TAI ICN ARCMAPIR mrA � IN 2013 PRELIMINARY PROJECT MapDate:8/29/12 C'�� O� City of Federal Way 33325 8th Ave S F e d e ra I Wa y Federal Way, Wa. 98003 S C H E D U L E C (P) 253-835-7000 (V� www.cityofiederalway.com ��T� of This map is intended for use � Federal Wa 0 650 1,300 as a graphical representation. �1 �� Feet The City of Federal Way makes '� no warranty as to its accuracy. City of 2013 PRELIMINARY PROJECT FPriPral Wav SCHEDULE D Map Date: 8130/12 City of Federai UVay 33325 &h Ave S Fedetal Way. Wa. 98003 (P) 253-835-7000 ��TY � This map is intended for use � �. Federai Wa 0 320 640 as a gcaphicai representation. � Y Feet The City of Federa! Way makes N ------- -- ----- -- ----- no warranty as to its accuracy. City of 2013 PRELIMINARY PROJECT Fnrinral 1Nav SCHEDULE E Map oate: 8l30/12 Ciiy of Federai Way 33325 8th A� S Feder� Way. Wa. 98003 (P) 253-835-7000 • v�wv� �w• ��w� � WWW.CI OiF8fi8f8IW8 CWII (�M �Y Y- r�. 313 ' ¢ � ,r PL r' SW �# ��/ M Q�. 1 � ; 314 ST ry4� t� � ._.u,�__�w.�� SW 39 5 s� � f�-�°.r �� .� ST � N� SW316ST � � D317 Q � � �' 3 7 � 317 ST � N � p� SW 317 P� 1 SW 317 PL � 3�8 ST SW 318 � � � � 3�8 ] ST � v� N A� a 319 PL; Q �`�'„ � � SW 31 � M SW 320 ST ! -��--. t SW 32 � � , ��.__.��._...�__ ._�_... SW 320 PL 'rn � ; c SW 321 LN �l � '�� ;� SW 322 ST 3 z � P�1 �' 3 i o� a� � � �y 5� `�2ST SW 322 PL 322 PL � N 3`LP' SW 322 � � _ j � Q � S�3 P� N �� Q d. P U3 � � 23 ST � �� .4:� N c� 23 �� SW 323 r� ?9 `N° a. �3 ST i/) t c�i� E- � '9LS 324 P� S�N 3`ti�' ST �, a � � � � S`N w >Q�o �' ,t�J �L � � C N�� N S w 3`L� Q 325 � N N N; SW 325 PL Q� � "� ` PL � � � �r'o 326 Legend c� � s'GL� ST , � E SW 327 S SW 326 ST i � qTY OF Federal Way �� This map is intended for use 700 as a g�aphical representation. � Feet me City of Federel Way makes ___ _ . no warranty as to its aca+racy. W N COiTNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN POLICY QUESTION: Shoudd the City Council adopt the Federal Way School District 2013 Capital Facilities Plan and school impact fee? COMMITTEE: Land Use/Transportation Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Th0 I� Background: ❑ Ordinance ❑ Resolution Finance Director MEETING DATE: October 1, 2012 ❑ Public Hearing ❑ Other DEPT: Finance The City has received the Federal Way School District's 2013 Capital Facilities Plan (CFP) with the proposed school impact fees for the City's annual review and adoption. A number of variables go into the school impact fee calculation. Among them are the District's facility needs, construction costs required for schools, and the student generating factor (average students per household in elementary, middle, and high schools respectively) in new single and multi-family developments. The calculated amounts are then reduced by any state matching funds and voter approved property taxes for construction. A 50% discount is then applied to eliminate imperfections in the fee calculation model. The school board discounted the 2013 single-family home calculated rate of $4,172 by an additional 3.9% or $158. Consequently, the proposed 2013 single-family rate is equivalent to the 2011 CFP calculated rate of $4,014. The proposed fees are (see page 28 of the 2013 CFP): • Single-family rate of $4,014; no change from 2012 adopted rate • Multi-family rate of $1,381; an increase of $128 or 10.2% The proposed school impact fees will also affect the City's 5% administration fee. There is no change to the current $201 single-family administration fee. The current $63 multi-family administration fee increases by $6 to $69. Additional Information - History of FWSD Calculated & Proposed Fees vs. Council Approved Fees: Sin le-Famil Rate Multi-Famil Raa�e FWSD CFP FWSD Council FWSD CFP FWSD Council Calculated Proposed Adopted Calculated Proposed Adopted Year Rate Rate Rate Rate Rate Rate 2013 $4,172 $4,014 Pending $1,381 $1,381 Pending 2012 $4,461 $4,014 $4,014 $1,253 $1,253 �1,253 2011 $4,014 $3,832 $3,832 $2,172 $2,114 $2,114 _2010 $3,832 _ _ $3,$32 $3,832 $2,114 _ $2,114 __$2,11.4 _ Additional Information — Exempt from Impact Fees • Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as the uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development • The replacement of a structure with a new structure of substantially the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure • Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed • Accessory dwelling units Attachments: ■ Federal Way School District 2013 Capital Facilities Plan Options Considered: 1. Adopt the Federal Way School District 2013 Capital Facilities Plan; the school impact fees of $4,014 for single-family and $1,381 for multi-family units; the City administration fee of $201 for single-family and $69 for multi-family units; and authorize the Finance Director to modify the 2013 Fee Schedule to reflect the new rates. 2. Deny approval and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ��i��;��,Q DIItECTOR APPROVAL: � mmi Coun� �h� COMNQTTEE RECOMMENDATION: N/A . �-�c1 � �C., a'�'�' Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move�(a�iproval of the Federal Way School District 2013 Capital Facilities Plan; proposed school impact fee of $4,014 per single-family unit and $1,381 per multi-family unit; City administration fee of $201 per single-family unit and $69 per multi-family unit to be effective January 1, 2013." (BELOR'TD BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment readiq ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLL7TION # FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Tony Moore Angela Griffin Ed Barney Danny Peterson Claire Wilson SUPERINTENDENT Rob Neu Prepared by: Sally D. McLean Tanya Nascimento FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 1 SECTION 2 SECTION 3 SECTION 4 TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTION TI� CAPITAL FACILITIES PLAN Introduction Inventory of Educational Facilities Inventory of Non-Instructional Facilities Needs Forecast - Existing Facilities Needs Forecast - New Facilities Six Year Finance Plan MAPS OF DISTRICT BOUNDARIES Introduction Map - Elementary Boundaries Map - Middle School Boundaries Map - High School Boundaries SUPPORT DOCUMENTATION Introduction Building Capacities Portable Locations Student Forecast Capacity Summaries King County Impact Fee Calculations SUMMARY OF CHANGES FROM TI� 2011 PLAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14-15 16-17 18-20 21-25 26-28 29-31 1 _ __ _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2013 Capital Facilities Plan as of May 2012. This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school impact fees as part of the SEPA process. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture, and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capita.l Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies or management need. Currently, the District plans to replace Federal Way High School and to increase capacity by approximately 200 students. Federal Way High School was built in 1938. The estimated cost to rebuild Federal Way High School is $110 million. This includes $21 million for construction inflation and is not included in the Finance Plan or Impact Fee calculation. Final construction costs are under consideration by the Board for the November 20121evy election. The District continues to monitor factors that may have an impact on enrollment and capacity at our schools. One such factor is SHB 2776, which will phase in full-day kindergarten for all students and decrease K-3 class size from 20 to 17. This is proposed to be fully funded by 2017-18. Using current enrollment, the decrease in class size would create the need for an additiona158 classes for K-3 students. This classroom need is expected to fluctuate due to changing demographics. We will also continue to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming years. We currently have two areas under review for boundary changes. The maps included in this Plan reflect our current boundaries. 2 _ __ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 1- THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. 3 _ _. _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS (K-51 Adelaide Brigadoon Camelot Enterprise Green Gables Lake Dolloff Lake Grove Lakeland Mark Twain Meredith Hill Mirror Lake Nautilus (K-8) Olympic View Panther Lake Rainier View Sherwood Forest Silver Lake Star Lake Sunnycrest Twin Lakes Valhalla Wildwood Woodmont (K-8) MIDDLE SCHOOLS (6-8) Federal Way Public Academy (6-10) Illahee Kilo � Lakota Sacajawea Saghalie � Sequoyah Totem TAF Academy (6-12) HIGH SCHOOLS (9-121 Decatur Federal Way Thomas Jefferson Todd Beamer Career Academy at Truman ADDITIONAL SCHOOLS Internet Academy (K-12) Merit School (6-12) Employment Transition Program (12+) 1635 SW 304�' St 3601 SW 336�` St 4041 S 298�' St 35101 5`�` Ave SW 32607 47�' Ave S W 4200 S 308`� St 303 SW 308�` St 35827 32°d Ave S 2450 S Star Lake Rd 5830 S 300`� St 625 S 314`� St 1000 S 289�` St 2626 SW 327�' St 34424 ls` Ave S 3015 S 368`� St 34600 12�' Ave S W 1310 SW 325`� Pl 4014 S 270'� St 24629 42� Ave S 4400 SW 320`� St 27847 42nd Ave S 2405 S 300�` St 26454 16�' Ave S 34620 9`� Ave S 36001 IgtAve S 4400 S 308�' St 1415 SW 314`� St 1101 S Dash Point Rd 33914 19�' Ave SW 3450 S 360�` ST 26630 40�' Ave S 26630 40�' Ave S 2800 SW 320�` St 30611 16�` Ave S 4248 S 288� St 35999 16`� Ave S 31455 28�' Ave S 31455 28�' Ave S 36001 lst Ave S 33250 21�` Ave SW 4 Federal Way Federal Way Auburn Federal Way Federal Way Auburn Federal Way Auburn Federal Way Auburn Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way Kent Kent Federal Way Auburn Federal Way Des Moines Federal Way Federal Way Auburn Federal Way Federal Way Federal Way Auburn Kent Kent Federal Way Federa.l Way Auburn Federal Way Federal Way Federal Way Federal Way Federal Way 98023 98023 98001 98023 98023 98001 98023 98001 98003 98001 98003 98003 98023 98003 98003 98023 98023 98032 98032 98023 98001 98003 98198 98003 98003 98001 98023 98003 98023 98001 98032 98032 98023 98003 98001 98003 98003 98003 98003 98023 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Develoaed Propertv Central Kitchen Federal Way Memorial Field Educational Services Center Support Services Center Surnlussed Snace Administrative Building MOT Site Notes: 1344 S 308�' St 1300 S 308�` St 33330 8�' Ave S 1211 S 332°d St 31405 18�` Ave S 1066 S 320�' St Federal Way 98003 Federal Way 98003 Federal Way 98003 Federal Way 98003 Federal Way 98003 Federal Way 98003 In January 2012, the Administrative Building, Community Resource Center, and Student Support Annex were combined into the Educational Services Center. Central Kitchen will be relocated to this site in late 2012. The Administration Building and MOT Site have been surplussed and will be marketed for sale. Undeveioped Propertv Site # 75 65 60 73 71 82 96 Location SW 360th Street & 3rd Avenue SW — 9.2 Acres S 351st Street & 52nd Avenue S— 8.8 Acres E of lOth Avenue SW - SW 334th & SW 335�' Streets - 10.04 Acres N of SW 320�' and east of 45�' PL SW — 23.45 Acres S 344th Street & 46th Avenue S- 17.47 Acres ls` Wathy S and S 342°d St — Minimal acreage S 308 St and 14�' Ave S—.36 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 5 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Im act Fees. Federal Way High School Replace Existing Building, Capital levy request Increase Ca aci As part of the multi-phase plan, the District intends to increase capacity for high school students with expansion at the Federal Way High School site. Increased capacity at Federal Way High, and Decatur High in later phases, supplant the need for construction of a fifth comprehensive high school. 6 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN NEEDS FORECAST - ADDITIONAL FACILITIES NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS No current plans for additional facilities. 7 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Secured Funding Projected Revenue Actual and Planned Expenditures NER' SCHOOLS MODERNIZATION AND EXPANSION deral Way High School (9) SITE ACQUISITION �rman Center (Employment Transtion Program) (10) TEMPORARY FACILITIES irtables (11) �TAL Current and Budget Prior Years 2012-13 (H10 Six Year Finance Plan Sources Im ct Fees 1 $89,884) Land Sale Funds 2 $10,150,4�6 Bond Funds (3) $8,364,968 State Match (4) $12,939,948 TOTAL $10,864,556 Sources State Maxh 5 $0 Bond or Le Funds 6 $70,000,000 Land Fund Sales $10,000,000 Im act Fees S $800,000 TOTAL $80,800,000 Total Secured Funding and Projected Revenue 591,664,556 2014 2015 2016 2017 2013-14 2014-15 2015-16 2016-17 1: These £ees are currendy being held in a King County, City o fFederal Way and City of Kent impact fee account, and will be ' available for use by the District for system improvemenb. This is year end belance on 12/31/11. S1 2018 2019 Total 2017-18 2018-19 2013-2019 2:; These funds are expected to come from the sale oft6e current ESC and MOT sitea. This is year end balance on 12/31/11. 3:, This is the 12/31/ l l balence of bond funds. This figure includea interest earninga 4: This represents the balancc of State Match Funda for Valhalla, Panther Lake, Lakeland, end Sunnycroet Elementaries and Lakota Middle School, work on speciSc building upgrades is occuning. This is the balance on 12/31/I l. S. This is anticipated State Match for projects attached to cuaent bond iasues. This is ba�d on December 2011 OSPI approved awazds. Stete Match funde ate being used for high priority repairs, upgrades !, and syaum improvements to existing buildings. Theae improvamenb include HVAC, and other structural improvemenb are not related to cepecity incroeae. All remaining projects are scheduted to be complete i by Summer 2012 6� 1liese include S IOm of voter approved, but not issued and S60m echeduled for voter approval in Npvember 20t2. 7; Projected sale of surplua properties. These funda will be usad to retire debt incurred for the ncquisidon of a roplacemant Educetionel Support Center. 8; These are projected �es besed upon known reaidential developments in the Diatrict over the next six yoare. Thia 5gure aseumes 525,000 per month for the noxt six yaars, I This fgure has been adjusud to re9act the current economy. 9; Pending Board approval and vour authorization in November 2012. The S81m included in this plan ie net of construction inflation. 10. Norman Center was purchased in 2010 to houae the Employment Transition Program. The S2. Im purchax has been Snenced through a state approved local program through 2020. I1. These feea repreaeut the cost of purchasing and inatalling new portablea. The porhble expondiwra in futwe yeara may nplace existing portables that ere not functional. ! These may not increase capacity end are not included in the capaciry summary. Total Cost SI S8 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 2- MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools has twenty-one elementary schools (grades K-5), two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four high schools (grades 9-12) and three small secondary schools. The Federal Way Public Academy serves students in grades 6-10. The TAF Academy serves students in grades 6- 12 who reside in the Totem Middle School service area. The Career Academy at Truman High School serves students in grades 9-12. The following maps show the service area boundaries for each school, by school type. (Career Academy at Truman High School and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. We currently have 2 areas under consideration for boundary changes. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. __ _ _. 9 _ __ _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN � � � � ' YY +E' +�'Ci� ��/ � � ��I� ��1�►t7�S �,�, ��. � EtEMENTARYSCHOOLS . WEIQDLE SC}iUQLS t �* � y 1 ADELAIDEEIEMEkTARY 3b FiAtPl�UCACA�NN �' `{ �� ' � 2 @RIGRDOON ELEMEMTRtiY 30 ILLANEEMIDDIE SCNOOL � -, �� ..... -....�w . 3 CAMEU?7ELEMEMTARY 31 KiL13M10[ilESCF�OL ' T .. °°° 9 ENTERFRI3E ELEMEPtTRRY 32 (,�KQ'fA MIDDlE SCHdOL � i ..'`� 5 GREEN GABtES ELEMENiARY 33 SACAJAIVEA MID�LE SCHOOL � -� i�. ` 6 LAKEDOILC#FELEMENTARY y} $�y,q��EMIDDLESCHUOL +� ' i.n; - . . ? lAKE GROVE ELEMEKCARY .'�' ~ . � 37 SELiI#�IYAN MiDDLESCHODL ,s.�, �� -' � 8 LAKEWNG ELEMEtiTARY 35 TDTEMMIDDLESCHO� � } � __-r � � , � t � HO , ` 9 MARKTNA�IELEt.+lENTAfiY ,. ._.. • 3� T►�F+hCADQNY y�-�; ' , �(<� . � ,� r 'i. i... ia MER.EBtFH HILL ELEMENTARY . 1 �-�,ir��— _�� '"`1, 1� MIRROR LAKE ELEMENTARY W-'�� °�"� \ 12 HAUtFLt15 K-85£HQOL HIGH SCHOQLS ^� - _ ai�,�. 13 OLYMPKVIEW ELEME!'CTAFIY � �KATUR HIGH y '� � � ` � � 14 PAM'fF1ER LAKE ELEl�KTARX d1 FEOERAL WAY HIGH !r � c'=['�� , �� 15 RAINIER VIEW' ELEMENTARY �I THCAMASdEFFER50N HtGH ��:. �1 � 15 iHERHfOOQF4R67ELE►�4ENTAR4* a5 TtbDDBEAAiERiiIGH �� :_�Y !, 1� SILVERCAKEELEMEHiRRY d40 LAREERACADEPoP!@'fRUMAN '• "Ct � �,. 18 STARlAKEELfMENTAIiV 51 ETPJTIQRMANLENTER _ . .�L 13 SUMNYCRESTECEMIEkTRRY � ��+.v. . 2� TWINLkKESELEMENTANX � }1pMiNISTRATIVE SIl'ES � h•� � ` �, 21 YALHAILAELEkSENTARY _ ;�.�`� � :i � . 22 WILDWD6D ELEMEMTARY ��r X � 23 1NOt7DMONTK� SLMUdL �}-,;,Yy .,�. , vr'�-� � `, .S ■ FVbPS #tOPERTY .}-I i� �.i'�•f r � `� _ �i' �il-t� `... _ . � i . � � : � i b . N O�iat3 as ns s.a M�s D�e: 3.4.12 a t , �✓ ,,,.:';,•5,'- f._ ;�> i�� i <�r.� i.�. .', .� � �4Y�+� � ..,�;� ,.�-�'�; � �� - � ,-� � , r — � +'�: �'� } Y ' - -^3- , ," '�,.; w `t � _.�1' � , i ;^%, �i_... .._.� ...._..._: ..'�-'1� •:, ; ..: , , __........ I , � *-;� -; '(a_ VJ1. 1.9`�i.�..I.i t ftl108 � `.� ........;�?i "' . 3• , 1 � � �: �_ � � � �� _.. ¢'t �f ' � �� . . � � � . � � ..-��, ; � � � FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN � � �f'i��'�"d� �ii%+��/ �t,.1��1� �iGiIOC)�S i # � ElEAiENTARYSCHpOLS ■ MIDDk.ESCH00lS 1 ADELAtDEELEMENYARY 36 FWpI�iC,4fl�DEMY 2 BRiGAdOOH ELEMEhFTAR'[ 30 ILLAHEEMIODLESCHOOL 3 CAMElDTELEMENTARY 31 KILOMIDDLFSCF#Obt. 3 ENTERPRiSE EtEAc1EM7ARY 32 LAKOTk Rrt1�31.ESCFi00l 5 GREEN WBd.ES ElEMENTARY 33 SACJllAWEAMIDDLE SCHt70l fi LAKE i?OLL4Ff EtE�NTAR1° 3q �NA1JE MIDDLE SCFiOC}l 7 LAICE GROVE ELEA�k7ARY 37 SECtWYAF# MIDOIE SCFlOQL 8 LAKE44N6ElEMENTARY 35 T07EMM�OLESCFIOOL. 9 MARK TWAM! EtEl�N[ARY 3B! TAf ACADEMY 1D MEREDRH►�LLELEI�NfARY ii MIAt�BRlAICEEIEMENTARY 1� H16H5{HOOLS 17 NAUfiLUS K-85C4q41 �� 13 OLYMPKVIEWELEMENTNtY � DECATUAHIGH ;d PANiHER L/tKE ELEMENTARY ag fEDERAI kYAY HIGH 35 RAlNFER VIEW ELEMEkIfRRY 421 TH(3M�SJEFFER�aN Hl6H ib SHERWflQDFQRESTELEh�NTARY � TODDBERMERHtGH YI SILVERLAKE ELEMENTRRY � �� DEMY � TRUMAN Y8 S7RRLAKEEIEMEHTAtiY 51 ETPJN6RAMNiEPIFER 19 SUMkYCttESTELEf�NTARY 20 TWIN lAKESELEMEMTARY ■ AQMAiISTf3ATlVE SITES 2i VAiHALtAELEMENTRRY Za WIldWO06 FIEMENTARY _ . 23 W80DWIONT K-8 SCHOQL �,_, . ,��„ j .l (' ��. ■ FYVPS PROPERTY �,;.j ;? ; `l_ y~�� 'ti a ■ 6 � � '. � � 1 . � On183 06 �4 12 Mles Datet 5.4.i2 „ = t r,�� ..�:.._... ;.- .� ��! ..... � � -e'� . : , � �. .. , t_:..........:�._.._.._c� `�� . . - � . � ?�: !:� � �,� � � , �: � �; � ... ...� . � _. _ �, � 8 f..� .,,�, j ,'�;4 t"`...✓" j ...,� i' ) l , ' !� � —`'+ � � 1 �� .J� • �s . . . o � � �'� r , �.� � , � � ��' �� :� ` ;_t�' --� ,� �,� . ,:=�,�` Z.t� �; .,' `'� (�^ � . ,� �� `. _.� �„-�-�'�.�� s i� �''}� 1.1..�} �._�.t�.i—' f 1 a : �j� 1, � L � -�( i��3 ��'I . —i"_ � 1 y,L. s i'� � ' .Cfi � � �'r . '4�,(��j— —i i�i� ^ ! � � 1 1 _ _ . _ _ _ __ _. _ _. ._ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN ! i �ederal 1�1iay Publi� S�hoo�s �$� . . . f� .1 F.� � S . ELENIEHTARYSCHODLS � MI013l.ESCilODLS : �, ...... R ,.. � fl ADELA4DEELEMENTARY 36 F'bVPI�JtACADEMY �~� � 2 BRIWDQOlV EIEMENSARY 30 1LlAHEE MIC7DtE SCF#dOL • � .�.�I �} _ 3 GM£tDTELEMENTARY �r _ ;' °-° 31 KtL�MIC�LESCHQOL � +! ENTERPRISE ELEMENTART t� \ 32 IAI�OTA MIDOLESCNOOL ��' tA. O � 5 GREENf�[BIESELEtiAEMfARV 33 S+AC4IAY!IEANNDDI.fSCH00L ` > " fi LAKE DOIL�f EtEi�kTARY 34 SJiCaF3ALIE ►1kODl.E S�1lDOL +i � ` 4 j � 7 LAKE6RDVfELEMEtiTARY ��,-�� `� � .,~,_ 37 SEQUOYANMiDDLE5CFb70l , _ �'{ `' t �"`a f �, '� . 8 tAKEiANO ELEMEHfRAY � .: ° r f�;,i:�-�— � ER 35 T6TEMM�?�ESC4a00L i _ �� 9 MARKTWAN�tELEMEtiTA.RY � , ,.. i"7€� <..._ 381 T1sFdtCADEMY ��`�+}+ i.!` r 4 a., . 14 MEFEEDRH HfLLELEiAEt(�ARY �`� . � � � � }...., �'"� 1� MIRR6N LUiE ELEMEftfARY -•J �:� _,__ ��- �,�7'^T"' HIGNStHOOLS ' �'"'''-7 12 NAtliiLUS K�BiCNDa � �� _ � ' �.^�� 13 OLYMPICVIEMt ELEMENTRRY � a�'�R HiGH � ' •` a' � 4� Id PAMTHERWCEELEt�NTARY 3i fEDERP.LWAiHV&H ,i � �� ^ ;:; (� � i5 RltW�AYIEW ELEARENtAiEY d23 THDMASI£FFERSOPFHIGH y ' : .� �1._._ � u �i� , y��t 2fi SHERW006FOR6FELEI1�Ni'AAY d5 Tfl66@EAF.iERHIGH r��.� -rn j' ,�- �� .5j �-- 43a CAREER ACkDEM1AY � TRUMAN � ��; � - 5 �"'� � iF 57LVERLAKEEtEtatEMTARY 51 ETP � `r 3L ST/tR LAKE EL9MENTARY I�RNM#CENifR � 1� , 1 � ,.. �9 SUMHI+CAEST£L£M11EtiTARY � , �� ` _ -` ^� - . 2� TMlUd WCF3ELEh�NSNtX � ADMAiLSTRATiVE SITES �j i � ��;1r�' `" 21 VALNALF.A EIEMENTARY fe{ �{ i� %�` �`�� t'' i ' ' i � .,� . . . 22 WIl4W0� EIEMENTART " y ��'�1 r � �'i ,`w°••_' � , ^s 23 WQDDMONTK-BXHOOt � r- c � `t ` ` .� �' .�` ` ' ` `% ' : a - �"-7 �t� � ,%�'�`� 1��,, , � FauPS vttoaErm .�'� r� I . tr; '� �.j; .� : :L 4� 1�'�'�1 ` . .; � .� �!s�5-:�:: , - . . , . . � „ : - rr., f� Yrk <s �J�`�' '_ �r . : . c � �._.. _ � � 'J�3 �� _� t. �° � �',��`�'� �-- � . ��, � _. �i.: . .. , . --�'�°.. _ ": � -, t,t' � s £ �� t ... ,,, : r � : . :. �� - � —k " .. :��'� '�,,;�� ; .�� ' —' ' ' �-= lj.' _�. � T—� �,,i _:... . ;. � t �.. ; � p � .� �� . � . _. ,; :. ...,, , �::: + ,�� i�. � ' , 1.. ^ ;, . � �. '1 ).,_.. _.. _ �f�A .-' .�._.� _ . r j _. � � <:��is_ "i .. ':� ..: : x "r7 � _ � : � �i r'''-� � '' � _ r�`� `_ � 2 e-��.�..w. . E . _x.. „_ <� � ' � x � Y . �„^ _,i.. .__.'.._k:.,j:._._�.'"" „k. _`� ` _r.� �,� _ `: t: +�:.. �� `�� + � ° ..;..�--i : ��w , ; : i , • , _.. �. �'.- , � ,� _y 3 � �` ;; f , ` , ..:, j...� _.. E� ..'::.: ; _ ' ; . _.'..... ,; � :. - ��.... _.. !.•^. : .... t%� H IG H h �, �` ��L �_� �..�-T-�-- - � 3 ;,�._...__._. ,.�:, = , ; : . `j_ .i�� ....i � " •��.., �.t � :t � ��"��L � - ��a � f;`�.___ ��;,:;.�' ��-�`�;I` �� 7 f �° c � �� ; .�; ,�;� ��'� �,�� "� �� -- t,`�':�`t�, �i��i�Q� ''��'�"► � `'�.i r� ,_�,�'j�,-�'�'�..:1 ..f� � N oniaa as ns Lz mo wilss Date: 5.4.12 � _ . __ _ _ 12 _ ___ . __ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast — 2013 through 2019 Capacity Summaries King County Impact Fees - Single and Multi-Family Units 13 _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Buildin� Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the DistricYs current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. A recent Study & Survey was the basis for changes to the OSPI building report. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarteu: Every elementary school operates at least one all day Kindergarten program. These all day Kindergarten programs require additional capacity because the standard classroom is available for one all day session ra.ther than two half day sessions. The District will operate 53 s ections of a11 day Kindergartenin 2012-13. Special Education Resource Rooms: Ea.ch elementary and middle school requires the use of a standard classroom(s) for special education students requiring instruction to address specific disabilities. English as a Second Language Programs: Each elementary, middle school and high school requires the use of a standard classroom for students learning English as a second language. Middle School Computer Labs: Each middle school has computer labs, except Totem Middle School. Wireless access has been installed at a11 secondary schools. If additional classroom space is needed, these computer labs may be converted to mobile carts. High School Career Development and Learning Center (Resource) Room: Each high school provides special education resource room and career development classrooms far students requiring instruction to address specific disabilities. Preschoo VECEAP/Headstart: Our district currently offers preschool prograxns for both special needs & typically developing students at 8 elementary schools. We also have the ECEAP and Headstart program at 6 schools (3 elementary & 3 high schools). These programs decrease capacity at those sites. Alternative Learning E�perience: Federal Way offers students the opportunity to participate in an Alternative Learning Experience through our Internet Academy. These students have never been included in the capacity calculation of unhoused students. __ _ _ _ 14 _ _ _ _ __ _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES FLII��VTARYBUILDING N1mDLESCHOOL BUII.DING PROGRAM CAPACTTY PROGRAM CAPACTTY De�ntary A�erage 382 Notes: *11�id�e Schod A�e e 737 744 HIGH SCHOOL BUII,DING PROGRAM CAPACITY *I� h School A�r e 1,308 1,399 * Federal Way Public Academy, CareerAcademy at Truman High School, and Fmploy�nt Transition Program are non-boundary schools. These schooJs are not used in the calculated averages. � ** Technology Access Foundation Academy is housed entuely in portables on the TotemMiddle School site. Merit School is housed entirely in portables on the Illahee Middle School site. 15 __. _ _ __ _ _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Portable Locations The Washington Sta.te Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a ca.pacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physica.l condition. In these cases, the District may choose to buy new portables and sucplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. 16 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABI,ES LOCATID AT FLIIVID�ITARY S CHOOIS NON INSTRUCTIONAL INSTRUCTIONAL Adelaide 1 2 Brigadoon 1 Camelot 1 Fnterprise 2 1 Green Crables 1 Lake Dolloff 1 1 Lake Grove 1 1 Lakeland Mazk Twain 2 1 Meredith Hill 1 2 Muror Lake 4 1 Nautilus 1 Oly�ic Vew 1 1 Panther Lake Rainier View 3 Sherwood Forest 3 1 Sitver Lake 1 3 Star Lake 4 Sunnycrest Twin Lakes 1 2 Valhalla W ildwood 4 W oodmont 3 TOTAL 31 21 PORTABLFS LOCATID AT 1V�DLESCHOOLS PORTABLES LOCATID AT ffiGH SCHOOLS ederal Way 'homas Jefferson 'odd Bea�r AL NOM iNSTRUCTtONAL INSTRUCTIONAL 9 2 1 10 9 8 1 38 2 PORTABLES LOCATID AT SUPPORT FACILiTIFS MOT 1 TDC 5 TOTAL 6 HFAD START PORTABLFS AT DISTRICT S1TI+� Sherwood Forest 1 Total 1 17 __ __ _ _ _ _ . _ _ _ __ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases � survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection soflware package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment Master� software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This soflware produces a five-year projection of school enrollment. In December 2006, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2007. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. 'The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of 18 _ _ _ _ _ __ _ _ _ _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN something else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2017. This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. � Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. 'The study includes information from the jurisdictional demogra.phers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions. Current economic conditions do appear to be affecting enrollment. This is reflected in the District's projections. The District.tracks �ew development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 19 • _ _ _.__ _ _ ___ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE (K Headcount =.5 FTE; M iddle School FTE=.99 Head�unt; Hi� School FTE _.935Head�unt) Total K -12 Pehca CalendarYr School Year � Elementary Middle Sc6001 High School FTE Chan, 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 22,000 21,000 20,000 19,000 18,000 17,000 16,000 15,000 .� a a > r�� 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 B2012-13 P2013-14 P201415 P201S-16 P2016-17 P2017-18 P2018-19 9,022 5,261 6,754 8,912 5,167 6,637 8,865 5,155 6,456 8,738 5,119 6,594 8,753 5,142 6,544 8,800 5,134 6,448 8,942 5,089 6,412 9,042 5,062 6,424 9,125 5,105 .6,391 9,205 5,181 6,347 9,310 5,226 6,311 9,406 5,254 6,321 9,492 5,278 6,381 Ele�rrentary g S MiddleSchool 6-8 Kgh Schoo[ 9-12 Enrollment History and Six Year Forecast 21,037 20,716 -1.5% 20,476 -1.2% 20,451 -0.1 % 20,439 -0.1 % 20,382 -0.3°/a 20,443 0.3� 20,528 0.4% 20,621 0.5% 20,733 0.5% 20,847 0.5°rG 20,981 0.6°6 21,151 O.S:�O pFTE a a t� � A A A A A A �'� �j� ��'> �O� ��j �� 4� ��> ��j9 �G j�' � � � �y �r,S• h+ �r.a j.p j9 SchoolYear 2� __ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Capacitv Summaries All Grades, Elementa.ry, Middle School, and High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and high school levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 21 ____ . _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACITY SIJMMARY- ALL GRADES CAPACTI`I' BLTILDING PROGRAM HEADCOUNT CAPACITY I"TE �APAGi�'Y Add or subtract changes to capacity Increase Capacity at Federal Way HS Adiusted ProeramHeadcount INROLLMFI�IT ^ Bud et - - Pro'ected - - CalendarYear 2013 2014 2015 2016 2017 2018 2019 School Year 2012-13 2013-14 2014-IS 2015-16 2016-17 2017-18 2018-19 19,712 � 19,712 � 19,712 � 1 19, 712 I 19, 712 I 19, 912 I 19, 912 19,912 � 19,912 � 19,912 912 I 1 SURPLUS OR RII,OCATABLE CAPACITY G�rrent Portable Capacity Deduct Portable Capacity Add New Portable Capacity 2,325 � 2,325 � 2,325 � 2,275 � 2,275 � 2,275 � 2,275 22 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACITY S UAM�IARY - II.FIVIINTARY S CHOOLS Bud et - - Pro�ected - - Calendar Year 2013 2014 2015 2016 2017 2018 2019 CAPACITI' School Year 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 BUILDING PROGRAM HEAD COLJNT CAPACITY 8,793 8,793 8,793 8,793 8,793 8,793 8,793 Proeram Headcount Canacitv I 8.793 I 8.793 I 8.793 I 8.793 I 8,793 I 8,793 I 8.793 INROLLMN�VVT SURPLUS OR RELOCATABLE CAPACITI� NOTES: � Internet Academy students are included in projections but do not require full time use of school facilities. Z Relocatable Capacity is based on the number of portables avaIlable and other administrative techniques which can be used to temporarily house students until permanent facilities are avaIlable. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull porta6les from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 23 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACTTY S UMMARY - MIDDLE S CHOOLS Bud et - - Pro'ected - - Calendar Year 2013 2014 2015 2016 2017 2018 2019 CAPACTTY School Year 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 BUILDING PROGRAM HEADCOtJNT CAPACITY 5,367 5,367 5,367 5,367 5,367 5,367 5,367 FTEGA,�'AQT`X ��' '�yr ' ' S,d22 5,42I 5,421 5,421 5,421 5,421 5,421< Add or subtract changes in capacity Ad�usted Pro ram Headcount Ca acity 5,367 Ac�'usteci Pro ram F;i'EC'a acity 5,421 INROLLNIINT 5,367 � 5,367 � 5,367 5,421 SURPLUS OR RII.00ATABLE CAPACITI'� NOTFS: � Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 24 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACTI'Y S UMMARY - HIGH S CHOOLS CAPACITY BUILDING PROGRAM I�ADCOUNT CAPACITY FTE CAPACITY Add or subtract changes in capacity Add capacity to Federal Way HS Adiusted Proeram Headcount Canac INROLLNffi�iT Bud et - Calendar Year 2013 2014 2015 School Year 2012-13 2013-14 201415 5,552 5,552 5,552 5338 �� 5.938 `� 5.938 �' - r w cucu - - 2016 2017 2018 2019 2015-16 2016-17 2017-18 2018-19 752 � 5,752 � 5,752 ( 5,752 138 6.t3$ 6:13$ 6;138�� 752 I 5,752 I 5,752 I 5,752 � 5,752 SURPLUS OR RII.00ATABLE CAPACITI� NOTES: � Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will deternvne feasibility for continued instructional use. 3 Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms. 25 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Kin�Countv the City of Federal Way and the Citv of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent. The formula requires the Districf to establish a"Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2013 Capita.l Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last five (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 months. Single Family Units' Multi-Family Units Mixed-Use Residential2 Plan Year 2013 Plan Year 2012 $4,014 $1,381 $4, 014 $1,253 1Due to economic conditions, Federal Way Public Schools is anticipating holding the impact fee for Single Family Units at the 2U11 rate of $4,014 for 2013 instead of using the calculated rate of $4,172. 2 In anticipation of the City of Federal Way Council's changes to Ordinance No. 95-249, which authorizes the collection of school impact fees. 26 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN STUDENT GENERATION NEW CONSTRUCTION IN PRIOR 5 YEARS Single Family Student Generation Number of Number of Number of Number of Number of Elementary Middle School High School Total Single Family Multi-Family Elementary Middle School High Schooi Student Student Student Student DEVELOPMENT Dweilin s Dwellin s Students Students Students Factor Factor Factor Factor (12j Min Court 15 5 5 3 0.3333 0.3333 0.2000 0.8666 (12 Sunset Gardens 11 9 0 1 0.8182 0.0000 0.0909 0.9091 (11 j Brighton Park 19 11 4 3 0.5789 0.2105 0.1579 0.9473 (11) The Green 20 11 7 1 0.5500 0.3500 0.0500 0.9500 (10j Creekside Lane 43 16 5 11 0.3721 0.1163 0.2558 0.7442 (10) Grande Vista 28 6 7 9 0.2143 0.2500 0.3214 0.7857 (09) Lakota Crest 43 12 3 7 0.2791 0.0698 0.1628 0.5117 (09j Tuscany 22 7 5 3 0.3182 0.2273 0.1364 0.6819 08' Northlake Rid e IV 90 33 13 21 0.3667 0.1444 0.2333 0.7444 (08� Collingtree Park 41 16 9 7 0.3902 0.2195 0.1707 0.7804 Total 332 0 126 58 66 Student Generation* 0.3785 0.1747 0.1988 0.7530 * Student Generation rate is based on totals. Multi-Family Student Generation 27 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN School Site Acquisition Cost: Facility Cost / Acrea e Acre Elementary � Middle School � � High School 4.85 $216, School Constructan Cost: % Perm Fac./ Facility Total Sq Ft Cost Elemenmry 95.82% Middle School 94.76% High School 96.53% �$10,530,1 Temporary Facility Cos� %Temp Fac. Facilit} Total S Ft Cost Elementary 4.18% _......� Middle School 5.24% High School 3.47% State Matching Credit Calculation: ' Construction Cost Sq. Ft. AllocafiodS Ft Studeiv Elementary $188.55 _ _ _ Middle School $188.55 High School $188.55 Taa Payment Credit Calculation Average Assessed Value (March 2012) Caprtal Bond Interest Rate (Mazch 2012) Net Prese� Value of Average �Dwelling Years Amortized Pmperty Tax Levy Rate Present Value of Revenue Stream IMPACT FEE Student Stude�rt Facility Factor Factor Capaci SFR MFR � 03795 0.1620 0.1747 0.0470 �� 51 0.1988 0.0660 TOTAL Student Studern Facility Factor Factor Capacity SFR MFR 0.3795 0.1620 0.1747 0.0470 200 0.1988 0.0660 TOTAL Studern Student Facility Factor Factor Size SFR MFR 0.3795 _ 0.1620 0.1747 � 0.0470 0.1988 0.0660 " TOTAL Student Studem State Factor Factor Match SFR MFR 0.3795 _ 0.1620 i 0.1747 0.0470 63.50% 0.1988 0.0660 Total 0 Cost/ Cosd SFR MFR Cosd CosU SFR MFR $0 SO $0 SO $10,104 �3,354 $10,104 $3,354 CosU Cost/ C�'R 7�fFR . Cosd SFR L,710 B4% 12,61' 10 .45 ,759 Cost/ $1,027 MFR 77,926 3.84% i37,114 10 $1.45 5924 Single Family Multi-Family Residences Besidences Mitigation Fee Summary Site Acquisition Cost $ 4,093 $ 1,359 . Pemianent Facility Cost S 10,104 $ 3,354 Temporary Facility Cost $ - $ - State Match Credit $ (3,094) $ (1,027) Tax Payment Credit $ (2,759) $ (924) Sub-Total $ 8,343 $ 2,762 50%Local Share � 4,172 $ 1,381 alculated I actFee $ 4,172 $ 1,381 013 Im act Fee $ 4,014 $ 1,381 28 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2012 CAPITAL FACILITIES PLAN The 2013 Capital Facilities Plan is an updated document, based on the 2012 Capital Facilities Plan. The changes between the 2012 Plan and the 2013 Plan are listed below. SECTION I- T'HE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2013-2019 and adjusted for anticipated Federal Way High School construction schedule. The plan is found on page 8. SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary capacity includes space for All Day Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 15. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 20. STUDENT FORECAST The Student Forecast now covers 2013 through 2019 Enrollment history and projections are found on page 20. CAPACITY SiI�vIMAItY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 22-25. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2012 Capital Facilities Plan and the 2013 Capital Facilities Plan can be found on page 30 and 31. 29 _ .. _ , _ _ _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2012 TO 2013 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2012 Capital Facilities Plan and the 2013 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Genera.tion worksheet is found on page 27. SCHOOL CONSTRUCTIDN COSTS The anticipated cost based on 2006 estimates for replacing Federal Way High is $81, 000, 000. The replacement will add 200 additional seats. The current capacity of Federal Way HiAh is 1538. The addition of 200 seats will increase capaciry by 13%. Total Cost �8I,OOO,OOOx.13 = �I0,530,000 SCHOOL ACQUISITION COSTS The district purchased the Norman Center to house the Employment Transition Program and to aldow for the expansion of the ECEAP program. The purchase and use of this site increased our high school capacity by 51 students. Total Cost $2,100,000/2 = �1,050,000 Cost perAcre $1,050,000 /4.85 = $216,718 The District will use the above formulas created as a base for the 2013 Capital Facilities Plan. The capacity of Federal Way High may vary from year to year as programs are added or changed and construction cost may increase over time. 30 _ . ._ _ _ _. _. _ FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2012 TO 2013 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 95.16% to 95.13°/a Report #3 OSPI Percent Temporary Facilities 4.84% to 4.87% Average Cost of Portable $199,832 to $185,012 Classroom Construction Cost Allocation $180.17 to $188.55 State Match Average Assessed Value Capital Bond Interest Rate Property Tax Levy Rate Single Family Student Yield Elementary Middle School High School Multi-Family Student Yield Elementary Middle School High School Impact Fee 62.53% to 63.50% SFR — $257,849 to $232,710 MFR — $74,692 to $77,926 4.91% to 3.84% $1.54 to $1.45 3315 to .3795 .1658 to .1747 .2095 to .1988 .1480 to .162 .0420 to .047 .0590 to .066 SFR — $4,461 to $4,172 Proposed 2013 SFR $4, 014 * MFR — $1,253 to $1,381 31 Updated portable inventory Updated average of portables purchased and placed in 2011 Change effective July 2011 Change effective July 2012 Per Puget Sound Educational Service District (ESD 121) Market Rate King County Treasury Division Updated Housing Inventory Updated County-Wide Average Note: The last district multi family development, built in 2008, generates a higher student yield than the county- wide average. For 2012 & 2013 the district has chosen to retain the 2011 SF rate. *This reflects the ca[culated 2011 SF rate MFR based on the updated calculation COUNCIL MEETING DATE: October 16, 2012 ITEM #:� _......._ ...................................................._....................._...................................................._......................................_..................................._._............................_...._............................._..............__..........................................................................._..._...................._........._.........._._............_............................_.................__.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUS.rECT: PROG� YEaR 2013 CDBG Ar�rluAr, Ac�orr PLArr 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 CATEGORY: X Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: OCtOber 8, 2012 ❑ Public Hearing ❑ 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 confumation 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 HLTD CDBG objectives captured by the Annual Action Plan are Decent Housing (DI�, 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: ,.� Committee DIRECTOR APPROVAL: 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. �� Comxnittee Chair Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Program Year Grant Annual Action Plan. " Comxnittee (BELOW TO BE COMPLETED BY C1TY CLERBS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST resdtng ❑ TABLED/DEFERRED/NO ACTION Enactment resding ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # Development Block x ✓ CITY �F � ,r� � i � � CDBG PY 2013 AN N UAL ACTI O N P LAN 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 B o b 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 ActivitySelection Process ..................................................................................................................... 6 PublicComments .................................................................................................................................. 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 ALLOCATIONPRIORITIES ........................................................................................................................ 11 Resources........................................................................................................................................... 12 OBJECTIVES & OUTCOMES - PY 2013 ..................................................................................................... 13 ACTIONS TO IMPLEMENT ANTI-POVERTY STRATEGIES .......................................................................... 17 OBSTACLES TO ADDRESSING UNDERSERVED NEEDS ........................................................................................ ZH 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 ATTACHMENTA ...................................................................................................................................... 20 TABLE 3C LISTING OF SPECIFIC PROJECTS ......................................................................................... 20 AttachmentB .......................................................................................................................................... 32 TABLE 3A SUMMARY OF SPECIFIC ANNUAL OBJECTIVES ................................................................. 32 ATTACHMENTC ...................................................................................................................................... 35 MAPSOF CITY ..................................................................................................................................... 35 45 �� ` '� �fi �� ( � � �r�L � * !� � �� * G7 ��III�� ,�y�r � 4� i�Rf �7�-�'' SF 424 The SF 424 is part of the CPMP Annual Action Plan. SF 424 form fields are included in this document. Grantee information is linked from the 1 CPMP.xIs document of the CPMP tool. Complete the fillable fields (blue celis) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted licant Identifier Type of Submission Date Received b state State Identifier lication Pre-a lication Date Received b HUD Federal Identifier ❑ Construction ❑ Construction Non Construction ❑ Non Construction pplicant Information Jurisdiction City of Federal Way UOG Code Street Address Line 1 33325 8th Avenue South Or anizational DUNS 61-250-9901 Street Address Line 2 Or anizational Unit Department Community & Economic Cit Federal Wa Washin ton Develo ment ZIP 98003 Count U.S.A. Division Communit Services Emplo er ldentification Number EIN : Count Kin 91-1462550 Pro ram Year Start Date MM/DD 01/01 pplicant Type: Specify Other Type if necessary: Local Government: C- Municipal S eci Other T e U.S. Department o Pro ram Fundin Housing and Urban Developmen 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 14.218 Entitlement Grant CDBG Project Titles Annual Direct Entitlement Grant Description of Areas Affected by CDBG Project(s) Cit of Federal Wa $CDBG Grant Amount $576,450 $Additional HUD Grant(s) Leverage 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) otal 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) otal 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) otal 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 $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) Con ressional Districts of: Is application subject to review by state Executive Order A licant Districts 9 Pro'ect 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 rocess for review on DATE explaining the situation. X No Pro ram is not covered b EO 12372 X ❑ Yes ❑ No ❑ 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 Cityoffede ralway.com Signature of Authorized Representative Date 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 Pian. 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. Monitorin� 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 allocatin� investments �eo�raphicallv 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 �eo�raphic 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. r 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 COI'YIpOSltl011 Of Fdl'Y11I�/ households are 18% are with a Spouse; 28% �"�OUSeiIO�Ci$ , 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 s,�, ■ 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. � 59 percent of Federal Way workers commute out of the city for their job. . Of the 89,269 (non-institutionalized) persons living in Federal Way, 11.7 % of those have a disability. : Median household income in Federal Way is $53,716, 19 percent lower than King County, while median family income is $63,381, which is 25 percent lower than the King County. Residents with Disabilities � �� . � r.. _« � � 12.9 percent of all people residing in Federal Way have incomes below the poverty line of $22,050 (family of four). � Under 18 yrs old ■ 18-64 yrs old 65 yrs old - plus __ _ y The community's diversity reveals that 93 percent of the city identify as one race, composed mainly of White - 65%; African American - 7.1%; Asian - FW Racial Make-up 19.5% and Other - 8.5%. 7.1 8.5 19 5 '�'�� 64 � White ■ Asian African American ■ Other ➢ The Hispanic or Latino community makes up 12.4% of the FW community. r'� The % of the Federal Way population (Age 5+) according to language spoken at home is 73% English only; 12% Asian; 7% Spanish and 7% otherindo-European. 40% - . _ �__� _ _ __ Educational Attainment 35% _.__ _ _ - 25 yrs old + ■ Hispanic �atino 30% _.- ----- _ _ _ ■ Non o ' Hispanic/Latino 25 / _ _ _- -----------__._____.. _ __ _ _._ _ 20% _ . _ __— 15% �- ---- �� _ __ __.. _ _ _. ' 24% 24% 26% �� 10% v _ 20% _._ _.._- --____ __ � 0 11% 5/0 9% __._ ___ � .: 7% _ 8% 9%j __.. , 0% �� m_ � � ..� � Non HS Grad HS Grad or GED College-No Assoc. Degree Bachelor's or Degree Higher FEDERAL WAY EMPLOYMENT IN FEDERAL WAY: BUSINESS DESCRIPTION TOTAL WORKPLACES TOTAL EMPLOYEES 11 Agriculture, Forestry, Fishing, 2 * 22 Utilities n/a n/a 21 Mining � * 23 Construction 110 657 42 Wholesale Trade gg 1,177 44-45 Retail Trade 222 4��2$ 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 gg 668 54 Professional, Scientific, and 158 1,178 55 Management of Companies and 10 990 56 Administrative/Support/Waste gp 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 72p 1,658 Government 30 1,666 Education 25 2,106 TOTAL 28,72� * 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 oftwo (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. In 2013 the City of Federal Way plans to spend 45%a 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 Planning & Admin 2013 Public Service FWCC Inclusion Program HealthPoint Birth to Three Developmental Center Multi-Service Center Institute for Family Development 2013 CERF Commercial Loan Microenterprise Assistance Commercial Exterior Housing Repair Projects TBD $115,290 $ 86,465 $ 24,465 $ 15,000 $ 22,000 $ 10,000 $ 15,000 $ 843,810 $ 200,000 $ 175,000 $ 100,000 $ 150,000 $ 218,810 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. Activitv #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) � c) Federal Way CommunitV 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. HealthPoint - Primarv Dental Access - CDBG funds provide comprehensive dental services for low- to moderate-income Federal Way residents. ($15,000 CDBG) Anticipated Outcomes: 36 people served. 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:l7 persons served. e) Institute for Familv Development - PACT (Parents and Children Together): The pro�ram 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:l7 people served. CP Goals - Strategy 3A: Provide an array of services to households to help them on the path toward self-sufficiency. Strategy 36: 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. Activitv #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: Housin� Repair Pro¢ram - the City will continue to fund this program utilizing CDBG funds for investment into housing stability projects that assist income-qualified Federal Way homeownersF 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 Pro�ram — 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,�0). 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 Proaram - 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 16: 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 Proiects: 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 - StartZone 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 16: 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 36: 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) On�e 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. Activitv #3: Federal Way expects to utilize $115,290 of PY 2013 CDBG funds towards program administration. Other Activitv: 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 HOUSIIVG 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 AI. 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 6`� Place SW City, State, Zipcode: Federal Way, WA 98023 Objective Number Project ID SL-1.1 2013 PS 1 HUD Matrix Code CDBG Citation OS B Public Services 570.201 e Type of Recipient CDBG National Objective Non- rofit Low/Mod Benefit 570.208 a 2 Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) O1/O1/2013 12/31/2013 Performance Indicator Annual Units # persons receiving self- 54 sufficiency services Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Tota1 Formula Prior Year Funds Assisted Housing PHA Other Funding Total $22,000 ............................................................... _ . $22,000 .......................................................... _ ...... $22,000 ................................... _... _.................. _..... The primary purpose of the pmject is to help: ❑ the Homeless ❑ Persons with HIV/AIDS � Persons with Disabilities ❑ Public Housing Nceds 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 SL-3.1 2013 PS 2 HUD Matrix Code CDBG Citation O5B Public Services 570.201 e Type of Recipient CDBG National Objective Non- rofit Low/Mod Benefit 570.208 a 2 Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) Ol /O1 /2013 12/31 /2013 PerFormance Indicator Annual Units # persons receiving self- 45 sufficiency services Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 24,465 .................................................................. $24,465 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24,465 ................................................................... The primary purpose of the project is to help: Q the Homeless Q Persons with HIV/AIDS � Persons with Disabilities ❑ Public Housing Nceds Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Federal Way Priority Need: Public Services Project Title: I3ealthPoint 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: � Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: HealthPoint Street Address: 955 Powell Avenue SW City, State, Zip code: Renton, WA 98057 Objective Number SL-1.1 HUD Matrix Code OSM Type of Recipient Non-profit Start Date (mm/dd/yyyy) O1/O1/2013 Performance Indicator # of persons receiving safety net assistance served Local ID n/a Project ID 2013 PS 3 CDBG Citation Public Services 570.201(e) CDBG National Objective Low/Mod Benefit 570.208(a)(2; Completion Date (mm/dd/yyyy) 12/31 /2013 Annual Units 36 Units Upon Completion n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $15,000 .................................................................. $15,000 .................................................................. $15,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS Q Persons with Disabilities Q 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: � Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Community-wide Street Address: City, State, Zipcode: Objective Number Project ID SL-1.1 2013 PS 4 HUD Matrix Code CDBG Citation OS Public Services 570.201 e Type of Recipient CDBG National Objective Non- rofit Low/Mod Benefit 570.208 a 2 Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) O1 /O1 /2013 12/31 /2013 Performance Indicator Annual Units # persons receiving safety net 1'J � assistance served Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $15,000 .........................................:........................ $15,000 .................................................................. ,$.15 000 . . ......� ................................................ 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: 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 ❑ Affordability ❑ Sustainability Location/Target Area: Multi-Service Center Street Address: 1200 S 336th Street City, State, Zipcode: Federal Way, WA 98003 Objective Number SL-1.1 HUD Matrix Code OS Type of Recipient Non-profit Start Date (mm/dd/yyyy) O1/O1/2013 Performance Indicator # persons receiving self- sufficiency services Local ID n/a Project ID 2013 PS 5 CDBG Citation Public Services 570.201(e) CDBG National Objective Low/Mod Benefit 570.208(a)(2) Completion Date (mm/dd/yyyy) 12/31/2013 Annual Units 22 Units Upon Completion n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total . .....................:....................................... $10,000 .................................................................. $10,000 .................................................................. $10,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The primary purpose of the project is to help: � the Homeless Q Persons with HIV/AIDS ❑ Persons with Disabilities � Public Housing Nceds 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 EO 1.1 2013 ED 1 HUD Matrix Code CDBG Citation 18 A ED 570.203 Type of Recipient CDBG National Objective For Profit LMJ 570.208 a Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) O1 /O1 /2013 12/31 /2013 Performance Indicator Annual Units Jobs created or retained for ( LM persons Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $100,000 .................................................................. $100,000 .................................................................. .$.100 000 . . ..........� ............................................ $200,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabiliries � 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: � Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: Citywide Street Address: City, State, Zip code: Federal Way, WA 98003 Objective Number EO-1.2 HUD Matrix Code 18C Type of Recipient For profit Start Date (mm/dd/yyyy) O1/O1/2013 Performance Indicator LM-owned businesses assisted/LM neighborhoods Project ID 2013 ED 2 CDBG Citation Public Services 570.201(0) CDBG National Objective LMCMC 570.208 (a) Completion Date (mm/dd/yyyy) 12/31/2013 Annual Units: 100 Local ID I Units Upon Completion I n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $75,000 .................................................................. $75,000 .................................................................. $100,000 .................................................................. $175,000 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Neads 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 DH1.1 HUD Matrix Code 14A Type of Recipient Local Government Start Date (mm/dd/yyyy) O1/O1/2013 Performance Indicator Households assisted to maintain housing (repaired) Local ID n/a Project ID 2013 Housing CDBG Citation 570.202 S-F Rehabilitation CDBG National Objective LMH 570.208 (a) Completion Date (mm/dd/yyyy) 12/31/2013 Annual Units 25 SF homes Units Upon Completion n/a Funding Sources: CDBG ESG HOME HOPWA Tota1 Formula Prior Year Funds Assisted Housing PHA Other Funding Total. $ 50,000 .................................................................. $ 50,000 .................................................................. $100,000 .................................................................. $150,000 ................................................................... The primary purpose of the project is to help: Q the Homeless Q Persons with HIV/AIDS Q Persons with Disabiliries Q Public Housing Nceds 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 fa�ade (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 EO-1.1 HUD Matrix Code 14E Type of Recipient For profit Start Date (mm/dd/yyyy) O1/O1/2013 Performance Indicator: Number of jobs created Local ID n/a Project ID 2013 ED 3 CDBG Citation 24 CFR 570.202 (a) CDBG National Objective LMJ 570.208 (a) Completion Date (mm/dd/yyyy) 12/31 /2013 Annual units: 6 Units Upon Completion n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 100,000 .................................................................. $ 100,000 .................................................................. $ 100,000 ................................................................... The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities 0 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: ❑ 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 HUD Matrix Code CDBG Citation 21 A 570.206 General Administration Type of Recipient CDBG National Objective Local Government Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) O 1 /O l /2013 12/31 /2013 Performance Indicator Annu�l Units # persons receiving self- sufficiency services Local ID Units Upon Completion n/a n/a Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $115,290 .................................................................. _$115 290 . ..............�............................................ .$115,2900 . ................................................... The primary purpose of the project is to help: Q the Homeless Q Persons with HIV/AIDS Q Persons with Disabilities ❑ Public Housing Nceds 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 DH 1-1 HUD Matrix Code O1 Type of Recipient Nonprofit Start Date (mm/dd/yyyy) O1/O1/2013 Performance Indicator Persons housed Local ID n/a Project ID N/A CDBG Citation 570.201 (a) CDBG National Objective Limited Clientele Completion Date (12/31/2013 Annual Units 7 Units Upon Completion Funding Sources: CDBG ESG HOME HOPWA Tota1 Formula Prior Year Funds Assisted Housing PHA Other Funding Total $ 5,895 ........................................................................ $ 5,895 .................................................................. �$ 169,115 ........................................................................ $ 175,000 ......................................................................... The primary purpose of the project is to help: � 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 Urban Development Table 3A Summary of Specific Annual Objectives OMB Approval No. 2506-0117 and (Exp. 8/31/2014) Grantee Name: Ci of Federal Wa A 1`�e�ent �oiistn with Pur ose Qf New or Im roved' Avail�bili �Aceessibili �=� ` Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DH Support homeownership pgG 2012 ouseholds 9 9 100% 1.1 y assisting owners to 2013 ssisted to 18 % aintain their homes 2014 aintain housing 18 % 2015 repaired) 18 % 2016 18 % MULTI-YEAR GOAL 81 % ... : ,... .., �.. . .� , . _ �f.._ _ xa,,-��; becent �ous "" `with P ose of �ew or Im roved:A�ifford�bili� `" H-2 DH Support homeownership NSP 3 2012 ouseholds assisted to 2 5 250% 2.1 y assisting new 2011 ecome homeowners 8 % omebuyers or existing 2012 r remain 4 % omeowners to retain 2013 omeowners 0 �/a omeownership 2014 � % MULTI-YEAR C':OAL 14 % k "�� ' : ;;;. �i�i#�li�c L�v ' Envir�nment with P`ose of New or Im roved Avaitabili IA�+cessib�? '�(��-1 SL rovide a safety net of pgG 2012 ersons receiving 354 387 109% 1.1 ervices to stabilize 2013 afety net 72-354* % ouseholds who are in 2014 ervices 72-354 % risis or at risk 2015 72-354 % 2016 72-354 % MULTI-YEAR GOAL 642-1,770 % .� �.; � � ,, ,. t . A.., �� N.�< < _; , �uttab�� Liviri ' Envu�onmsnt with P ose of New nr Im' rt�vet� Afft�rdabili SL-1 ;'; SL mprove accessibility and pgG 2012 apital or facility 0 0 % 1.2 se of existing and new 2013 'mprovements 1 % ity facilities/construct 2014 serving LM 1 % ublic improvements to 2015 eighborhoods 1 % support community 2016 1 % evitalization strategies MiJLTI-YEAR GOAL 4 % Suitable Livirig`�n�%iroriment wit� Piurpose of New or Improv�i Sastainability {SI;=3) �` ``" SL rovide services to pgG 2012 ersons receiving 166 128 77% 3.1 ouseholds to help them 2013 self-sufficiency 24-166* % n the path toward self 2014 services 24-166 % ufficiency 2015 24-166 % 2016 24-166 % MULTI-YEAR GOAL 262-830 % Grantee Name: City of Federal Way =, Economic 0 ortuni ,with Pur ose of New or I roved Ayaiiabili /Accessibili 0-1 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed EO ncourage the creation pgG 2012 obs created or 10 TBD % 1.1 d growth of businesses 2013 etained for LM 20 % 2014 ersons 20 % 2015 20 % 2016 20 % MULTI-YEAR GOAL 90 % .� ,� a . � Econ�utnic`4 � `o`'rtaiu "� �4vitliP ` ' ose bf`New or Im 'roved Avaifabili` JAceess'i6ili � (�='1 �� r�' EO ncourage the creation pgG 2012 M-owned 96 96 100% 1.2 d growth of businesses 2013 usinesses 96 % 2014 ssisted/LM 96 % 2015 eighborhoods 96 % 2016 ssisted 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). HUD Outcome/Objective Codes Decent Housing Suitable Living Environment Economic Opportunitv Availability/Accessibility DH-1 SL-1 EO-1 Affordabi DH-2 SL-2 EO-2 Sustainak DH-3 SL- 3 EO -3 Areas with greater than 45% c�f residents �lassified �.ow or Moderate Income f: � ,,.;. , � a x��no s� 1 � n7�; �,� �� 29$.01 "h" z � �0 , °,00.04 ° 298.02 ;� 3 °i - aE S � } 5 2SMh $t , f � 7s+:' 1 i�� e]Y�:.�} � 1 1 �''S7Q''1 �� . y ��5 � � � A� ; �'. w sz; � 3 � � Q a�+A a � .;. 37WtliSt -✓°*._s'� � �a �� ts ��: �� 2 ` i. ' J.�'e 2 a ,, 4 'se',. sw 3�zm�s�t-Oi � a�o i,: s a�nnsc � ' p� jsc;�: 303,Q5 �' �s�. � 30t?AZ 1 �WbP� i � � . `oah;�2.�7 � . � � � � �•3.a. _, . 81V1TQthOf � . _. ... .Q�� SW 3ZDIh $1 � 4, �� w 9 326�h St se 3�. 303.06 o a ^�.;, y a r> ��s z 4, " av :�: � � � ' � 303.11 � �' .� � �e aa�� s �2uh &a sz= a � 299.02 � as=�� 303.Q8 303.03 4 � .. � � .! � 7 4 Si.7".. q Ylts�'p Pkwy 5� %' ysrr��: .. . ss ex, � � o . ' SW Canrb a j� v a 3. S 936zn Sc � ' �+Or 3Q3.0$ 1 � .��e `�! Q P 7 y 5E'T. �� y �bSTti�� Q A � . � ,l . q ti °} ,: 303.12� 3t?3.10 � • h s 1+s,,, sc $ ?� � ?b f ti, y , ... .. �. Q � � � � q � 5W 3S6fh $� � 5 304.01 � z ss e:•; � .e�i ; � 303.44 h �C A �;,A ., � � N " Y i�a ��.� �s� � � �.. � � a � �,; . _____ . �.,, �'¢r� ~ � �� 304.Od �r. �ka, soo•.. � .. *�. �a / . 4 �:...,. . ,Sg �'+ J {� �y1 �O � j ,°i�i,�1 � �a`t° ? �..,..y � ! r �, . . . ..,::.-.�:ro:�,_,,. i7'�4'it�flCO�rt�tt'7S�.OM1'fP:kldRqfB ifKd+�B*iatYQl9l�`n:OAB /R�'d Gene�ral Legend: Source �o� census ?�? ��+ua � Federal Way City Limits °/Q LowlModerate Income Residents � o o � i Potential Annexalion Area 45 - 50% � � M�es Census Tracis 51 - 58% "'Y °f ��/ Cerisus Block Groups 59 -68% �`- FEdGrt�I YYay $Ulf�CB �1r4i8IE� �g _ 81% T+�is map c• xcccrrpan�ed bp Aa wananties. and �; s�rriply a g�apMC reprr?znEat �n COUNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASPC GRANT FOR TWO (2) PORTABLE BREATH TEST (PBT) DEVICES ITEM #: 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 tr�c safety grant. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE (PRHS&PS) CATEGORY: � Consent ❑ Ordinance MEETmG DATE: OCt. 8, 2012 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY COMMANDER CHRIS NORMAN DEPT: Police Attachments: 1. PRHS&PS Committee Memo 2. Iavoice from Intozimeters for two (2) Portable Breath Test (PBT) Devices Options Considered: 1. Accept Grant �. Re,�ect Grant MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTOR APPROVAL: ,� �/�Ilb✓► SI�yI'�« �s� �/'"� �%/�/�� 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 ommittee 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 AGTION Enactroent resding ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # DATE: TO: VIA: FROM: CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT October 8, 2012 Parks, Recreation, Human Services and Public Safety Council Committee Skip Priest, Mayor Brian J. Wilson, Chief of Police SUBJECT: Acceptance of WASPC Grants funds for two Portable Breath Test (PBT) devices. Prouosal 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. FundinS 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: � ►� Product Description Intoximeter PBT's Washington State Sales Tax @ .095 Shipping 1 Unit Price $443 Total SubTotal $886.00 $86.79 $27.50 $1000.29 EMERGENCY FUNDS WASPC EOUIPMENT GRANT AGREEMENT FORM IN ACCEPTING A WASPC EQUIPMENT GRANT, TI� Federal Way Police Department. AGREES TO COMPLY WITH T'HE FOLLOWIl�IG GRANT CONDITIONS: 1. The equipment received as a result of this graat 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 trat�c 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, SeatbeldChild 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 p�ovisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the following r�uirements: 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 traffc safety issue addressed with this particular grant C) Identifed target audience D) Equipment acquired with WASPC Equipment Grant E) Enforcement activities conducted F) Program success/Outcome (Fina1 Report) G) Problems Encountered I� Department conta.ct for program Commander Chris Norman Phone 253 835 6732 SIGNED: ,� J. �•t1 � �IU'1 DATE: �/ ��°� � (Chief or S er' SIGNED: DAT'E: Mitch Barker Executive Director Intoximeters 2081 CRAIG ROAD ST. LOUIS, MO 63146 PHONE 314-429-4000 FAX 314-429-4170 CUSTOMER N0: WAFED3 CUSTOMER PH: 253-835-7000 BILL T0: FEDERAL WAY (CITY OF) 33325 8TH AVE SOUTH FEDERAL WAY WA 98003 TERMS: CASH #1: CASH #2: CASH #3: CASH #4: NET DUE DATE: 092712 QTY ORDERED E 50 2 2 2 2 2 2 2 4 230 DISC: DISC: DISC: DISC: PLEASE REMIT TO: P.O. Box 798313 St. Louis, MO 63179-8000 PAGE N0: 1 of 2 INVOICE NO: 370728 INVOICE DATE: 08/28/2012 I N V O I C T YOUR ORDER N0:064514 OUR ORDER NO:CO-000000304410-0000 SHIP T0: FEDERAL WAY POLICE DEPT ATTN: KEITH PON 33325 8TH AVENUE S FEDERAL WAY WA 98003 QTY QTY ITEM SHIPPED B.O. NUMBER 2 0 40-0000-02 AS FST (F224-02) 3A BRAC LOW LOSS LOT: 40079571 QTY: 1 LOT: 40079573 QTY: 1 50 0 23-0120-00 MOUTHPIECE FST 2 0 29-0630-00 CASE MOLDED FST/AS3 2 0 27-0807-00 CASE WINDOW PROTECTOR LENS FST 2 0 27-9815-00 CASE FST DISPLAY PROTECTOR YELLOW 2 0 27-9825-00 CASE FST GRIP YELLOW 2 0 27-0825-00 CASE WRIST STRAP INTOXIMETERS 2 0 26-0140-20 GUIDE QUICK REFERENCE LAMINATD FST 2 0 23-0190-00 MOUTHPIECE FST/ASVXL DRINK SNIFF YL 4 0 23-0130-10 MOUTHPIECE CUP PASSIVE FST SOFT 230 0 23-0120-00 Unless otherwise stipulated by contract, a finance charge of 1.5% per month (or the highest rate allowed by law, whichever is less) will be assessed on all due balances. A restocking fee may be appiied for returned merchandise. FEDERAL ID#: 43-0906533 Thank you SHIPPED: 08/27/2012 SHIPPED VIA: GROUND F.O.B.: ORIGIN SHIPMENT N0: 338988 � PRO N0: UNIT PRICE US DOLLARS 420.00 REF: JB CSR: KLJ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.20 EXTD PRICE US DOLLARS 840.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 46.00 Intoximeters 2081 CRAIG ROAD ST. LOUIS, MO 63146 PHONE 314-429-4000 FAX 314-429-4170 CUSTOMER N0: WAFED3 CUSTOMER PH: 253-835-7000 BILL T0: FEDERAL WAY (CITY OF) 33325 8TH AVE SOUTH FEDERAL WAY WA 980'03 TERMS: CASH #1: DISC: CASH #2: DISC: CASH #3: DISC: CASH #4: DISC: NET DUE DATE: 092712 PLEASE REMIT TO: P.O. Box 798313 St. Louis, MO 63179-8000 I N V O I C E PAGE N0: 2 of 2 INVOICE N0: 370728 INVOICE DATE: 08/28/2012 YOUR ORDER N0:064514 OUR ORDER NO:CO-000000304410-0000 SHIP TO: FEDERAL WAY POLICE DEPT ATTN: KEITH PON 33325 8TH AVENUE S FEDERAL WAY WA 98003 SHIPPED: 08/27/2012 SHIPPED VIA: GROUND F.O.B.: ORIGIN SHIPMENT N0: 338988 PRO N0: QTY QTY QTY ITEM UNIT PRICE ORDERED SHIPPED B.O. NUMBER US DOLLARS MOUTHPIECE FST FREIGHT PLEASE VISIT OUR WEBSITE AT WWW.INTOX.COM Unless otherwise stipulated by contract, a finance charge of 1.5% per month (or the highest rate allowed by law, whichever is less) will be assessed on all due balances. A restocking fee may be applied for returned merchandise. FEDERAL ID#: 43-0906533 Thank you REF: JB CSR: KLJ EXTD PRICE US DOLLARS 27,50 SALES TOTAL: 886.00 SALES TAX: 86.79 FREIGHT: 27.50 LESS: 0.00 OTHER CHARGES: 0.00 INVOICE TOTAL: 1,000.29 US DOLLARS COUNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: The Commons Mall Services Agreement for Police Services ITEM #: 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 pol ice services at The Commons at Federal Way for the term on .lanuary 1, 2013 to December 31, 2013? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee - (PRHS&PS) CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETI1vG DATE: OCt. 8, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Sandy Tudor Lieutenant DEPT: Police _......_._._.�_ .............................��.._....._...._.�___...�....�._____.. ....__....�._�.._..�... �____.�_...___._._ _ __.....��_........._............................................�..................�.._...u.................,.._.._._.._...._�___.._...�_.._._._�...__......_....__.�_.�._. _ __�._ 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 APPROVAL Co d ,,�r� g/�,► , ,�, �/�„/�z Committee Councii 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 PROPOSED COUNCIL MOTION: "I move approvad 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 1sT reading ❑ TABLED/DEFERRED/NO ACITON Enactment readiog ❑ 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. Back�round 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 sha11 come up for renewal again in 2014. ` C1rr oF CITY HALL � Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 �wvw atyoffederahvay 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: Lisa Whitney 1928 S. Commons Sufte B Federal Way, WA 98003 253-839-6156 (telephone) lwhitney@steadfastcompanies. com The Parties agree as follows: CITY OF FEDERAL WAY: Brian Walson, Chief of Podice 33325 8�' Ave S P.O. Box 9718 Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) com 1. SERVICES. The City shall perform the services more specifically described in Eachibit "A", attached hereto and incorporated by this reference ("Services"). 2. TERM. The term of this Agreement shall be for one year commencing on January ls`, 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 Citv 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, tiabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or SERVICES AGREEMENT - 1 - qTY OF ,�... Federal CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www crtyoflederalway 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 terminarion 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 fle 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 taac 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 - GTY OF ,� Federal CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 �wvw ciryo�federal�vay 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 ofaction or interest in this Agreement based on any provision set forth herein. 93 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. Eailure 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 shal( 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 fling 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 - qTY OF ,'� Federal Way CITY HALL 33325 Sth Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 �rivw aryoffederAhvay com IN WITNESS, the Parties e�cecute this Agreement below, effective the last date written below. CITY OF FEDER.AL WAY By: Skip Priest, Mayor DATE: STEADFAST COMMONS II, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: City Clerk, Cazol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2012. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires SERVICES AGREEMENT - 4 - qTY OP ,'��..., Federal 1. 2. 3 4 :� CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 �wnv crryoffeder�iway com EXHIBIT "A" SERVICES The City will provide to the Rroperty 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. 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 regulaz beat. The regular beat officer, in which the Property mini-beat exists, will provide presences and response capabilities consistent with general beat management strategies, T'he 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. 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 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. 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. 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 '�,,,�... Federal CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 ww�e c�ryoifederabvny com 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 a�reed 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 Fifly One T'housand, 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 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FY 2012 EDWARD BYRNE MEMORIAL dUSTICE GRANT (JAG) ITEM #: 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 SAFETY COUNCIL COMMITTEE (PRHS&PS) CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: OCt. 8, 2012 ❑ Public Hearing ❑ 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........_Re,�ect..�Grant.....,....._....� ................. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: ' DIRECTOR APPROVAL� �l ��_ Cj�Ij�/J�i,� Committ Council COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant to the October 16, 2012 City Council Agenda for approval �1��' f-�-�- Committee Chair Committee Member Committee 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 1ST readiag ❑ TABLED/DEFERRED/NO ACTION Eaactment readi� ❑ 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 improvements to enhance efficiencies in the Police Department. Speciiic 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. Project Name: 1 � Taser Replacement 2) Expansion of UFED Mobile Device Examiner 3) Expanaion of Automated External Defibrillator (AED) Program 4) Electrostatic Dust Lifter Project Description: Project Cost: 34,020 FWYPD Allocation: $35,345 Less 3.75%� (1,325) 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 COUNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL d ITEM #:�_ 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 CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Brian 7. Wilson �'■ � Ordinance Resolution MEETING DATE: OCt. 8, 2012 ❑ Public Hearing ❑ Other 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. Re.iect the Interlocal Form MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTORAPPROVAL: �� J�►� (�9 � f�l, 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. - � �� • .�� - --- ,- PROPOSED COUNCIL MOTION: "1 move approval of the Interlocal Agreement for Services Rendered to Outside Agencies form and authorize the Mayor to sign such agreement that substantfally 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 (ordirwnces onlyJ 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 Va11ey Special Response Team (Valley SWA"1� in 2001. King County and other municipalities within the Puget Sound azea 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 axise. CAG-12-129 INTERLOCAL AGREEMENT FOR SERVICES OF VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO PARTICIPATING JURISDICTION) (NON- THIS INTEItLOCAL AGREEMENT is effective upon the date executed by a11 pai�ties. 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 poi�t district, operating under the laws of the State of Washington. Z. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93 (Washington mutual aid peace off'icers powers act) and 39.34 (Interlocal Cooperation Act) of the Revised Code of Washingtoiz. 3. PURPOSE. The ,�non-partici�ating iurisdiction) 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, Tulcwila, 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 VSWAT's services are provided to the (non- p artic �atin� j urisdictionl . 4. effective DURATION AND TERMINATION. The term of this Agreement shall be 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 conunit�nents 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. ItEOUEST 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 directec� 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 II.A for non participating agency Page 1 of 7 Callout Criteria of tlie 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 �urisdiction). (name & rank or position� 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-participatin��iurisdiction,� 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- participatin�,jurisdiction) (hereinafter "Incident Commander"). The Incident Commander for �non-partici�ating 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 Comman.der. 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- participatingjurisdiction) shall then handle the situation with its own resources. 7. VSWAT OP�RATIONS. If the VSWAT's services are provided to the �non-participatin�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-participatin�_jurisdictionl 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 meinbers in providing services pursuant to the request fox services by (non-particinatin� iurisdiction� 9. ACCEPTANCE OF LIABILITY BY non- particinatins iurisdictionl. (non-participatin�jurisdiction) agrees that any liability or claim arising out of the actions or inactions of the members of the VSWAT acting within the course and scope of their duties when the VSWAT provides services at the request of _ (non participatin�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 employinent of any member of the VSWAT or of any judgment for punitive damages against a VSWAT member or pa�ty 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, �non-participating jurisdiction) agrees to liold 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-partic�ating 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 V S WAT, such party sha11 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 oufi 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-participatingjurisdiction). Upon request by another party, each party shall disclase to the other parties th� terms of their respective liability insurance policies to allow fQr 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 disposai of real or personal property other than as specifically provided within the terms of this Agreement. Upon execution hereof, this Agreement shall be iiled 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, 4pursuant 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 participatiilg 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 ineet 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 authoi�ity 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 governiiig body of each jurisdiction, where necessary. 14. CONTRACT REPRESENTATIVES. Each pai�ty shall have a contract representative. Each party may change its representative upon providing written notice to the other party. T'he parties' representatives are as follows: Port of Seattle: City of Auburn: City of Federal Way: City of Kent: City of Renton: City of Tukwila: Chief Colleen Wilson, or her successor Chief Bob Lee, or his successor Chief Brian Wilson, or his successor Chief Ken Thomas, or his successor Chief Kevin Milosevich, or his successor Chief Mike Villa, or his successor Chief or his/her successor (non-participating jurisdiction� 15. ENTIRE AGREEMENT. Tlie 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 Chief Colleen Wilson Tay Yoshitani, Executive Director Attest; By: CITY OF AUBURN Bob Lee, Chief of Police Peter B. Lewis, Mayor Attest: By:_ CITY OF FEDERAL WAY Bi�ian Wilson, Chief of Police Skip Priest, Mayor Attest: By: VSWAT ILA for non participating agency Page 5 of 7 Date; Date: Approved as to Legal Form: Paul Bintinger, Port Counsel Date: Date: Approved as to Legal Form: Steven L. Gross, Assistant City Attorney Date: Date: Approved as to Form: Patricia Richardson, City Attorney CITY OF KENT Ken Thomas, Chief of Police Suzette Cooke, Mayor Attest: By: CITY O� RE � D ! � Chief , ," (:..r � � ;' . . ,. �� . ..r,�. �� :�' . �. �''' { p �Y, . � ..• � , � B�y: �$o 'e W�1to�.�,Lity Clerk .. � , ..,a . CITY OF TUKWILA Mike Viila, Chief of Police Jim Haggerton, Mayor Attest: By: , City Clerk VSWAT ILA for non participating agency Page 6 of 7 0 Date: Date: Approved as to Form: Pat Fitzpatrick, Deputy City Attorney Date: `�/ � �l � Z- Date: � l.� l2' oved��-�e��i% �/VG-*„�-�� Lawrence J. Warren��City Attorney Date: Date: Approved as to Form: , City Attorney CITY OF , Chief of Police Mayor/City Manager Attest: Date: Date: Approved as to Legal Form: By: , Counsel for VSWAT ILA for non participating agency Page 7 of 7 COiJNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 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 SAFETY COUNCIL COMMITTEE (PRHS&PS) CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Lt. Jim Nelson Attachments: 1. PRHS&PS Memo ❑ Ordinance ❑ Resolution 2. TZT Memorandum of Understanding 2012 Options Considered: 1. Accept Grant 2. Reject Grant MAYOR'S RECOMMENDATION: MAYOR APPROVAL: MEETING DATE: October 8, 2012 • ❑ Public Hearing ❑ Other DEM': Police DIRECTOR APPROVAL: y�%�'�'I ��1 ��a � �1�� Comm�tta Council COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the October 16, 2012 City Council agenda for approval. ��°�'`-� Committee Chair �, C 1. nr�� n ee Member Committee PROPOSED COUNCIL MOTION: "I move approval of the Target Zero Team MOU Agreement, e,,�`'ective 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 Eaactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMNIITTEE STAFF REPORT DAT'E: October 8, 2012 TO: Pazks, 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. B�ckground The Washington Tr�c Safety Commission (WTSC) and the City of Federal Way have an existing partnership, focused on DUT 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. Pro°osal That the City Of Federal Way accept a Memorandum of Understanding (MOLn for a term: October O1, 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 Tr�c Safety Commission (WTSC). c�'tvt oe oy . 'r� � s � A OZ 0'i � ,10y MFMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION Target Zero Teams North and South King County Target Zero Task Forces Law Enforcernent 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 Safeta/ Commission (WTSC). TERM: October 1, 2012 to 7une 30, 2013 AMOUNT: NOT TO EXCEED �16.320 CFDA # 20.600 IT I� 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 peopie 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. CONDTTIONS: (Agency) wili deploy highly skilled officers in coordination with othet- 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) certi�es that all of the officers that participate in patrols under the terms of this agreement are SFST trained. SFST training is required as foliows: 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 (vehicle, 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 resuit 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: WT�C 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 ailocation 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. Ail participating law enforcement officers are required to have 3 seif-initiated contacts per hour of enforcement, or show DUI a rrests. � 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 � c. • (Agency) identified as the "Claimant"; • A Federal Tax ID #; and, • Original signature of the agency head, command officer or contracting officer. Payroll support documents (signed overtime slips, payroll documents). Officer TZT Emphasis Patro) 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 ciaims for reimbursement for emphases conducted prior to )une 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 biliing is preferred. 11. DISPUTES: Disputes arising under this Memorandum shail be resolved by a panel consisting of one representative of the WTSC, one representative from (Agency), and a mutualiy 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 supptant the normaily 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 � ,�r��, J t✓�/s�.; �,��f/�a�tK Contncting Agent (Print) Signa ure �d�dc.N �t Date Washington Traffic Safety Commission Date Created: August 2012 TZT KING LE MOU FFY 2013 Page 3 of 4 Agency address (for mailing fully executed MOU): 3� 3�z 5 g-r�f � s �� s� R�L w•�Y w�4 qSa�3 Agency PIO contact: G�4��Y S��oC� w : �.s3 S�5 - 68� C: �p6 3qt-236b Please return two signed MOUs to your Target Zero Manager. s�ra Wood Target Zero Manager KPnt PD - 220 4�' Ave S Address Kent WA 98032 City/State/Zip 253-856-5851/swoodCa�kentwa.gov Phone/E-mail Target Zero Manager will return .to: Shelly Baldwin, WTSC Impaired Driving Program Manager 621 - 8"' Avenue SW, Suite 409, PO Box 4�944 Olympia, WA 98504-0944 360.725.9889 sbaldwin@wtsc.wa.gov Created: August 201 Z TZT KING LE MOU FFY 2013 Page 4 of 4 COUNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: APPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE POLICY QUESTION: Should the City Council re-appoint current members to the Lodging Tax Advisory Committee? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources Background: The Lodging Tax Advisory Committee is comprised of a minimum of fve-members who serve two-year terms. Members must be representatives from businesses which are required to collect lodging ta�c, or businesses authorized to be funded by lodging tax revenues. Two positions on the Committee have terms of October 31, 2012. Current members Rose Ehl and Joann Piquette are seeking re-appointment to the Committee. The Council Rules of Procedure state the Council may re-appointment members serving on a Committee without conducting interviews. Options Considered: 1. Re-appoint Rose Ehl and Joanne Piquette to the Lodging Tax Advisory Committee, with two-year terms expiring October 31, 2014 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: N/A Committee Council Committee COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Lodging Tax Advisory Committee... " {BELOW TO BE COMPLETED BY CLTY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST7eading � TABLED/DEFERRED/NO ACTION Enactmeot reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: � � SUBJECT: RESPONSES TO REQUEST FOR PROPOSALS (RFP) FOR PERFORMING ARTS AND CONFERENCE CENTER (PACC) PUBLIC-PRIVATE PARTNERSHIP POLICY QUESTION: Should the City Councid approve engagement of one of the two RFP respondents in a predevelopment agreement to pursue concept design development as the first step towards a potential public- private codevelopment of the former "7'oys R Us" site with the PACC, together with accompanying hotel and restaurant/catering facilities? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ Ordinance � City Council Business ❑ Resolution STAFF REPORT BY: Patrick Doherty, Director MEETING DATE: N/A ❑ Public Hearing ❑ Other DEPT: Community & Economic Dev. Attachments: Staff memo Proposal by Lorax Partners for initial predevelopment engagement Background: Please see atta.ched memo. Options: 1. Approve the initial Phase I services proposed by Loraar Partners and authorize the Mayor to enter into the corresponding agreemenf for said services. 2. Approve Arcadd, Inc., as a potential development partner and authorize the Mayor to commence exclusive negotiations with Arcadd, Inc:, leading to a potential Development Agreement. 3. Take no action at this time. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: �� DIRECTOR APPROVAL: Committee Counc� Committee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "Approve the initial Phase I services proposed by Loraac Partners and authorize the Mayor to enter into the corresponding agreement for said services." (BELOW TO BE COMPLETED BYGTYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IgT �d��S ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # � CITY OF ��•� Federal Way CITY OF FEDERAL WAY MEMORANDUM �� Date: October 16, 2012 To: City Councilmembers From: Patrick Doherty, Community and Economic Development Director Subject: Responses to Performing Arts and Conference Center RFP In further pursuit of the Council's continuing direction to pursue options for developing a Performing Arts and Conference Center (PACC) on the former "Toys R Us" site, the City Council approved issuance of an RFQ to seek potential private-sector partners to develop an adjacent hotel with restaurant/catering facilities to enhance, complement and strengthen the PACC. Two firms responded to the RFQ in June: Arcadd, Inc., and Lorax Partners. Both firms were requested to submit proposals, which were received on 9/14/12. Arcadd, Inc. Arcadd, Inc., led by Dr Hisham Ashkouri, submitted a proposal that envisions development of the PACC in association with Arcadd's proposed "Crystal Way" project for the former AMC Theaters site, as well as potential future development of the adjacent former Target site and the Transit Center West property. Arcadd, Inc., envisions that the PACC+hotel+restaurant project could be privately developed and financed, as per the preliminary pro forma submitted in their proposal document. City participation would take the form of financial contribution to the finishings and furnishings of the PACC auditorium, as well as a 5-}Fear commitment to subsidize operations and maintenance of the facility. As regards the "Crystal Way" project, to date Arcadd, Inc., has not been able to offer to the City a Purchase and Sale Agreement, together with required earnest money deposit, to pursue development of that project on the former AMC Theaters site. Until such time as a financial commitment can be offered for the "Crystal Way" project, it is not possible to complete due diligence with regard to Arcadd's proposal for the PACC project since Dr Ashkouri has stated that the source of financing for both projects would be the same. The proposal by Arcadd, Inc., contemplates a development agreement that would include purchase of the site and subsequent development of the key program components: PACC, hotel, restaurant, etc. No initial or predevelopment phase is proposed, as with Loraac Partners. For this reason, the next step in pursuing an agreement with Arcadd, Inc., would be to enter into a development agreement. During this time while Dr Ashkouri continues to secure fnancing for both the "Crystal Way" project and the potential PACC project, it would likely be premature to enter into such a development agreement. Lorax Parrners Lorax Partners submitted a response that consists of phases of increasing engagement. This would start with a predevelopment concept-development phase, a potentially separate schematic design phase, and then a full development phase, including purchase by Lorax of a portion of the site for private development of the accompanying hotel and restaurant. Attached you will see a more specific outline of the scope of services proposed by Lorax for the frst phase. This would essentially constitute the concept-development phase, when the City and Lorax (led by its architect partner, LMN Architects) would work together on a tight timeline (under three months) to develop the baseline concept for the overall development, including: functional planning, 3-D massing models, a preliminary site plan, alternative building configurations and locations, as well as alternative parking scenarios. This concept-level work will serve to crystallize the City's vision of the combined performing arts and conference functions into a single footprint, as well as relate that mass to alternative configurations and locations on the site and to the accompanying hotel, restaurant and parking programs. This exercise would also enable Lorax and its associates to calculate with a greater degree of confdence the likely budget for the overall development, which will be key to the City Council in its future deliberations about taking further steps towards development of the PACC. These initial services would also include an initial Phase I environmental assessment of the site, as well as soils test borings. It is important to note that a decision to engage Lorax Partners in the proposed predevelopment agreement for the above-described scope of services does not obligate the City to any further investrnent in their services or the PACC itself. Those decisions would be made after review and analysis of the proposed work, consideration of the project budget and projected revenue sources, etc. Lora�c Partners proposes that this initial scope of services would cost $255,000. If City Council elects to proceed with this proposal, this expenditure would accrue to the $750,000 budget item approved by City Council in March 2011 for predevelopment expenditures related to the PACC. Conclusions Three principal options present themselves for consideration: 1. Lorax Partners. Approve a predevelopment agreement with Lorax Partners for a scope of services to include joint concept design and environmental assessment of the site. This would lead to a mutually agreed-upon concept design of the PACC and site plan to accommodate the accompanying open space, hotel and restaurant. The concept design would be the basis of a more refned budget estimate for the facility. Engagement of Loratc for these services would not obligate the Council to further steps with them. Conversely, it would enable Council to gauge its readiness to proceed with the project with or without Lorax. 2. Arcadd, Inc. While it is likely premature to approve a development agreement with Arcadd, Inc., for the PACC as we await further financing commitments, it would be possible to choose Arcadd, Inc., as the potential codeveloper and begin an exclusive working relationship with that frm, leading to negotiations over a purchase, sale and development agreement. Execution of such an agreement would likely be contingent upon a demonstrable financing commitment. There is no way to know when such a commitment is likely to be offered. 3. No Action. Given the fact that Arcadd, Inc., as one of the two potential choices for a development partner, is still in the process of securing financing commitments to accompany their proposal, the Council could elect to take no action at this time and await further developments from Arcadd, Inc., in order to make a selection between the two respondents. The Mayor recommends Option 1: proceed with Phase I concept development services with Lora�c Partners. partners October 9, 2012 R�: DraR outlin� of Rn-D�v�bpmant AyrMm�nt Phas� i Fodonit Way Civic Cont�r Project Targ�t �3oais- It is our strong recommendation that the first phase of the Pre-Development Agreement result in a viable deaign concept that ia rooted in a strong understanding of the projected target budget, viabte for our future Hotel partner, while optimizi�g the City's dollars to achieve the greatest goals for the Perfonning Arts Center and the CoMerence Center. The completed effort will define a project vision to excite the public and our future funding sources into the viability and roality of Downtown Federal Way'a future. . To start, the public-private team wiil meet and specify target goals for the Conceptual Deaign a�d Target Budgeting effort. Based upon our cunent p�oject understanding, the key program elementa will be: • 700-seat Performing Arts Center • Conference Center o Attached to PACC o Shared Lobby • 120-150 room Hotel o Co�nected to Corderence Center • 250 parking stalis — combined surface and below-grade parking garage Based on the above assumptlona, ths team will explore and asaess concept altematives and, based upon the Owners direction, develop a proposed concept design. Conceptual Dsi�n s�d Tarnet Budoot RanQe -(10 w�ks, s255.0001 The team wiil explore altemative concept design approaches and work with the Owner to establ'�sh a baseline concept for overall program validation and project cost analysis. The conceptuai analysis will include functional planning, 3-D massing models, preliminary site design, aitemative building conflgura�ons and locations, aa well as altemative pa�lcing solutions. Preliminary plan layouts will be developed to test and confirm net to�ross building area assumptiona. Parallel to this effort the team will further investigate the site to fully understand the soil condidons. A Phase ( environmental study will be completed along with onsite borings (5-8 locations) to assess the exis�ing conditlons. These findings will be summarized respectively in iwo reports: Environmental and Geotechnical. 'rhia infonnation will inform the requirements for stnictural foundation systems and related project componenb, enabling the tearn to factor in actual site conditions to provide more complete, reli�le target budget projections. The deliverables will include the analysis of conceptual alternatives including subjecbve "pros and cons' of each approach, and establishment of a baseline concept that will be used to further refine the target budget rangea. Once the baseline concept and target budget are established, lwo exterior rende�ings will be prepared to convey the exterior architectural character of the proposed concept The final concept design package will include site plan, floo� plan diagrams for each primary floor level, site/building section diag�ams and the two exterior renderings. Pre-Develoument Team The Phase 1 effort will entail the participation of a team of design professionals with extensive experience in the various aspects of performing arts facility design and construction. Through a highly collaborative approach, the conceptual passibilities will be informed by the Owner's stipulated program requirements, site conditions, normal industry practices and the team's considerable experience with other similar public facilities. Our team includes the following participants. • Development & Project Management — Lorax Partners • Construction — Mortenson • Architect - LMN Archit�cts • Landscape A�chitecture - Hewitt • Civil Engineering — PacLand • Structural Engineer — MKA • MEP Engineer — PAE • Acoustics and Audio-Visual Consultant — Jaffe Holden • Theater Planning — Shalleck Collaborative • Environment Engineer • Hospitality/Conference Center — Andy Olson with Columbia Hospitality and CBRE Hotel Broker Chris Burdett • Geo-technical Engineer for Soil Analysis Our outline and budget is intended to give the City a"draft" of the first steps we see our public-private team making. The actually Pre-Development agreement will need to be detailed and defined in partnership with the City. We are making many assumptions that could easily result in adjustments to this scope, schedule and fee. Sincerely, PJ Sa � r P ners LLC COUNCIL MEETING DATE: October 16, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: GRANT AWARD FROM THE STATE OFFICE OF PUBLIC DEFENSE PoLICY QUESTION: Should the City Council authorize the Mayor to execute the proposed grant agreement from the State Office Of Public Defense to accept the grant award of $23,000? COMMITTEE: n/a CATEGORY: � Consent � City Council Business STAFF REPORT BY: in Priest ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Pablic I�earing Q Other DEPT: Mayor's Office T'he City received notice on October 10, 2012 that the State Office of Public Defense awarded a grant to the City in the amount of $23,000. The gant must be accepted by October 31, 2012. The funds will be used for a case management to assist the public defenders, the court and the prosecutors manage their cases in accordance with the Supreme Court's Orders on Public Defense Standards. Attachments: October 9, 2012 notice of award letter; Grant Agreement No. GRT13202; Special Terms and Conditions; General Terms of Conditions; and a list of acceptable uses for the funds. Options Considered: 1. Accept the grant award from the State Office of Public Defense in the amount of $23,0t10 and authorize the Mayor to eaecute the necessary documents. Z. Reject the grant award from the State Office of Public Defense. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: �" /%��J //�/,��'(JDIItECTOR APPROVAL: �ti� COMMITTEE RECOMMENDATION: N/A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I to accept the grant award from the State �ce of Public Defense in the amount of $23, 000 and authorize the Mayor to execute the necessary documents " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ AFPROVED COUNCIL BILL ti ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Eoactenent readi�g ❑ MOVEB TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12l2010 RESOLUTION # Internet Email: opd@opd.wa.gov October 9, 2012 Skip Priest, Mayor City of Federal Way 33325 8`h Avenue South Federal Way, WA 98003-6325 i�r,tx �'�� ,� � �: �. �F 'y . �te� WASHINGTON STATE OFFICE OF PUBLIC DEFENSE Re: Chapter I0.101 RCW Application for City Grant Funds � ��: s�� (360}586-3164 FAX (360) 586-8165 The Washington State Office of Public Defense (OPD} is pleased to announce the award of RCW 10.101.080 City Grant funds to the City of Federal Way. The total projected award is $23,00(? for use in 2013. Enclosed is a short Grant Agreement for your review and sig�ature by an authorized representative of the Ciiy of Federal Way. The signed Grant Agreement should be returned to OPD by October 3l, 2012. A conformed copy will be sent to you for your records. A copy of OPD's policy on authorized uses is enclosed. The grant funds will be mailed to you in mid-December. If you want the check mailed to a different person or office, please let us know. If the City of Federal Way uses state BARS coding, these grant funds should be received under BARS revenue code 334.01.2X. Chapter I O.IOI RCW requires cities awarded funds to demonstrate to OPD that they are either m�ting the public defense standards referenced in RCW ] 0.101.030, or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services. In addition, the Washington Supreme Court recently adopted statewide Standards for Indigent Defense and Attorney Certification of Compliance. OPD's Public Defense ServicesManagers are available to assist the city and its public defense attorneys in implementing these new Supreme Court requirements. Please feel free to contact Kathy Kuriyama at (360) 586-3164. We look forward to receiving the city's mid-year report in July 2013 (as required in the Grant Agreement), as well as visiring your program at least one time during the year. Sincerely, � ��.. � .�cs�nt�� c�re* llir�c#or Enclosures c: Federal Way Municipal Court Presiding Judge David Larson 711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957 Grant Agreement No. GRT13202 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Federal Way Skip Priest 33325 8th Ave S Mayor Federal way, WA 98003-6325 City of Federal Way 33325 8�' Ave S Federal way, WA 98003-6325 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 loanne I. Moore PO Box 40957 Director Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount 6. Grar�t Period $23,000 lanuary 1, 2013 through December 31, 2013 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this 6rant and attachments and have executed this Grant on the date below to start January 1, 2013 and end December 31, 2013. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant.• FOR THE GRANTEE FOR OPD Name,Title loanne I. Moore, Director Date Date SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT I. GRANT MANA6EMENT The Representative for each af the parties shall be responsibie for and shall be the contact person for all communications regarding the performance of this Grant. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. b. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. GRANT AWARD AMOUNT The Grantee is awarded Twenty-Three Thousand and 00/1400 Dollars ($23,000) to be used for the purpose(s) described in the USE OF 6RANT FUNDS below. 3. PROHtBITED USE OF GRANT FUNDS (as adonted in OPD Policv Counri/Citv Use of Siate Public Defense Fundin�J a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely administrative functions or billing costs. c. Grants funds cannot be used for indigency screening costs. d. Grant funds cannot be used for city or court technology systems or administrative equipment. e. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS a. Grantee agrees to use the grant funds for the following purposes: i. Create a case tracking system and entry of attorney information. b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above. c. Grantee agrees to use the funds in calendar year 2013. If Grantee is unable to use the funds in 2013, the Grantee agrees to notify OPD to determine what action needs to be taken. d. Grantee agrees to deposit the grant check within fourteen days of receipt. 5. REPORT 6rantee agrees to submit a written mid-year report to OPD no later than luly 31, 2013. The report shall include, but not necessarily be limited to, the following information: to date overview, how grant funds have been used, a copy of each public defense attorney's quarterly Certificate of Compliance submitted during 2013, and a description of efforts to implement the Supreme Court Standards for Indigent Defense. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes, regulations, and court ru�es � Special Terms and Conditions Of the City 6rant � General Terms and Conditions of the City 6rant GENERAL TERMS AND CONDITIONS OF THE CITY GRANT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains alFthe terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This 6rant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnef authorized to bind each of the parties. 3. aMERC1AN5 WITH DiSABILITIES ACT (ADAI OF 1990. PUBLIC LAW 101-336. also referred to as the "ADA" 29 CFR Part 35. The Grantee must complywith the ADA, which provides comprehensive civif rights protection to individuals with disabilities in the areas of employment, public accammodations, state and locat government services, and telecommunications. 4. ASSiGNMENT Neither this 6rant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 6. CONFORMANCE Jf any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFURS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. 1NDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all appticable laws, ordinances, codes, regulations, court rules, policies of'local and state and federal governments, as now or hereafter amended. 11. NONCOMPUANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE 1n the event that the Grantee fails to perForm this Grant in accordance with state laws, federal laws, . and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at {aw or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, ctaim or audit is started before the expiration of the six (6) year period, the records shall be retainecf until al! litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 25. SEVERABILtTY If any provision of this Grant or any provision of any document incorporated by reference shalf be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. WAIVER Waiver of any defauR or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. WASHINGTON STATE OFFICE OF FUBLIC DEFENSE CQUNTYfCITY USE OF STATE PUBLIC I}EFENSE FUNDING (as a�nended ��e 2008) State funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be used to supplant local funds that were being spent on pubiic defense services prior to the initial disbursement of state funds. State funds must be spent to improve the quality of legal representation directly received by indigent defendants. The funds cannot be spent on purely administrative functions. Following are guidelines regarding permitted use of state public defense funds. 1. State public defense funding under Chapter 10.101 RCW may be used in the following ways: a) Additional investigator services b) Additional expert services c) Creation of a public defense office d) New quality monitoring by an attorney coordinator who can act as a legal supervisor for the attorneys providing public defense (but non-attorney administrative employees of the county or city are not an approved use of funds} e} Computers or access to electronic legal research systems for public defenders fl Increase in public defense attorney compensation g) Provision of public defense services at first appearance calendazs (or increase of first appearance services if public defenders are already provided) h) Addition of more attorneys to lower public defense caseloads i) Addition of social worker services ta assist public defense attorneys j) Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options, such as drug evaluations, SSOSA, DOSA 1) Provision of internet connectivity (e.g. wireless) for public defense attorneys m) Provision of interpreter services for attorney-client interviews and communication {but in-court interpreter appointments required under Chapter 2.43 RCW are not an approved use of funds} 2. State public defense funding under Chapter 20.101 RCW may not be used in th� following ways: a) Supplanting county or city funds used for public defense services prior to the initial disbursement of state funds to the county or city b) Billing or other administrative costs incurred by the county or city in administering the pubiic defense program c) Indigency screening d) County, city or court technology systems or administrative equipment e} County or city attorney time, including advice on public defense contracting, except as provided in Section 1(d) above.