PRHSPSC PKT 02-11-2014City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
February 11, 2014 City Hall
5:30 p.m. Hylebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: January 14, 2014
B. Allocation of 2014 City Employee Human Services General
Fund Donations
C. Family Funland Labor
Presenter Page
3
Bennett 5
Ikerd 7
Action
or Info
Action
Action
Action
D. 2.014 Parks, Recreation & Cultural Services Commission
Ikerd
11 Action
Work Plan
E. DUI & Distracted Driving Funding — The "Nick & Derek
Hwang
13 Action
Project"
F. �DEA — State and Local HIDTA Task Force Agreement
Hwang
15 Information
G. T- Mobile Site Lease Renewal — Panther Lake
Pearsall
25 Action
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
6. NEXT MEETING: Tuesday, March 11, 2014 5:30pm — Hylebos Conference Room
7. ADJOURNMENT
Committee Members City staff
Susan Honda, Chair Cary M. Roe, P. E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge Mary Jaenicke, Administrative Assistant II
Kelly Maloney 1
K: \PRHSPS Committee \2014 \021114 prhsps agenda.doc
Council
Date
N/A
Consent
2/18/14
Consent
2/18/14
Consent
2/18/14
Consent
2/18/14
N/A
Consent
2/18/14
This Page Left Blank Intentionally
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, January 14, 2014
5:30 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda, Committee member Burbidge, Committee member Maloney
Staff Members in Attendance: Cary Roe, Parks, Public Works & Emergency Management Director, Pat
Richardson; City Attorney, Brian Wilson, Police Chief, Andy Hwang, Deputy Chief of Police, Steve Ikerd, Parks &
Facilities Manager and Mary Jaenicke, Administrative Asst. H.
Guests:' None
Chair Honda called the meeting to order at 5:30p.m.
Public Comment: None
Commission Comment: None
APPROVAL OF MINUTES
Committee member Burbidge moved to approve the December 10, 2013 committee minutes as written. Committee
member Maloney seconded. Motion passed.
Committee member Burbidge moved to approve the December 16, 2013 special committee minutes as written.
Chair Honda seconded. Motion passed.
BUSINESS ITEMS
Fieldturf USA Retainage Release
Steve Ikerd stated that he was seeking approval to release the retainage to Fieldturf USA for the artificial turf
replacement at Sacajawea park project and the replacement of the rubber track surface at Saghalie Park. Prior to the
release of retainage on any Public Works project, the City Council must accept the work as complete. The total
amount of retainage is $33,423.74. Committee member Maloney moved to forward the acceptance of both
Fieldturf USA contracts as complete and forward the authorization of staff to release their $33,423.74
Retainage to the full Council January 21, 2014 consent agenda for approval. Committee member Burbidge
seconded. Motion passed.
License Agreement for Downtown Substation
Ms. Richardson stated that the building for the substation is located next to the Transit Center. This is a one year
agreement, and there is no cost to city. The city will be responsible for any tenant improvements; although they are
not anticipating many. There will be assigned parking stalls that the police may mark for police parking only. There
will be signs placed on the building. The substation will not be staffed 24hrs a day. There is a termination clause
stating that if the lessor finds a tenant for the space, the police will have to move. Deputy Chief Hwang stated that at
a minimum there will be two work stations, a copy machine and printer. They may have volunteers at the location.
Committee member Burbidge moved to forward the License Agreement for a downtown substation to the
January 21, 2014 Council Business Agenda for approval and authorize the Mayor to sign said agreement.
Committee member Maloney seconded. Committee member Maloney questioned why this item was moved from
the consent agenda to the council business agenda. Ms. Richardson answered that this is a positive thing for the City
and wanted to make sure the public was aware. Motion passed.
Ordinance Relating to Crimes Involving Scrap Metal Business
Ms. Richardson provided the background information. No discussion was held. Committee member Maloney
moved to forward the proposed ordinance to First Reading on January 21, 2014. Committee member
Burbidge seconded. Motion passed.
AT &T Cell Site Lease Renewal — Aquatic Center/BPA
Ms. Richardson stated that they have been in negotiations and discussions with AT &T on the lease agreement.
AT &T wanted an automatic renewal for five years; but the city can terminate the lease when they want to. The
monthly rental fee has increased to an amount of $2,497.61 and will increase 4% each year on January 1.
Committee member Burbidge moved to forward the Third Amendment to the AT &T Site Lease on the BPA
K:\PRHSPS Committee\2014 \01142014 prhsps Min.doc 3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, January 14, 2014 Summary
Page 2
trail, terminating on August 5, 2026, to the January 21, 2014 Council Consent Agenda for approval and
authorize the Mayor to sign said amendment. Committee member Maloney seconded. Motion passed.
PENDING ITEMS
Chair Honda would like to add Festivals to the February agenda. Chair Honda inquired if shelters should be added
to the agenda. Mr. Roe answered that he would speak with Mayor Jim Ferrell. Chair Honda also thanked everyone
for their help and quick response at Dash Point Highlands Park.
NEXT MEETING
February 11, 2014 at 5:30pm
ADJOURNMENT
Meeting adjourned at 5:50p.m.
4
SUBJECT: ALLOCATION OF 2014 CITY EMPLOYEE HUMAN SERVICES GENERAL FUND DONATIONS.
POLICY QUESTION: How should funds raised by City employees during the 2013 United Way
campaign /pledge drive be allocated to a human services agency?
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: February 11,
2014
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jay Bennett DEPT: Community & Economic
_..........._..._._....__.._ ............ ..... _. .............._._. _._. Development Services
._...__
Attachments: None.
Background:
Every year City employees hold an auction and pledge drive to raise money for human services. The funds raised
are divided equally between United Way of King and Pierce Counties and the City of Federal Way Human
Services Fund.
By the end of December 2013, the City of Federal Way employees raised $6,392 for the Human Services Fund to
be allocated in 2013. The Human Services Commission considered allocating these funds at their December and
January meetings.
Staff recommended looking outside of currently funded agencies to award these funds by supporting the Federal
Way Coalition Against Trafficking (FWCAT). This small group of dedicated Federal Way volunteers is doing
outstanding work communicating with youth/adults through their "Deceptions" trainings, how to protect youth
from being victims of human trafficking.
FWCAT is sponsored by Washington Engage. Founded in January 2011, Washington Engage is a
recognized non - profit developing strategies to end human trafficking in Washington State in
partnership with government and grassroots advocates.
After extensive discussion, the Human Services Commission is recommending allocating the entire $6,392 of
2014 Human Services Funding to FWCAT. The HSC is recommending that no more than 20% of these funds be
used to assist FWCAT in finalization of its business plan for the purposes of organizational growth and
sustainability matters.
Options Considered:
1. Approve the Human Services Commission's recommendation to allocate $6,392 to the Federal Way
Coalition Against Trafficking with the stipulation that no more than 20 percent of the total be used to
finalize their business plan to assist in the organization's sustainability.
2. Do not approve the Human Services Commission's recommended funding and give staff alternate
direction.
5
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
�-ouncn
CHIEF OF STAFF:
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: "I move to forward the Human Services Commission's recommendation on
allocation of the 2013 City employee Human Services donations to the February 18, 2014 consent agenda for
approval."
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move award of Human Services General Funds in the amount of $6,392 to
Washington Engage on behalf of the Federal Way Coalition Against Trafficking, with the stipulation that no
more than 20 percent of the total be used to finalize their business plan to assist in the organization's
sustainability. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
COUNCIL MEETING DATE: FEB 18, 2014 ITEM #:
.................................... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FAMILY FUNLAND LABOR
POLICY QUESTION: Should the Council accept the attached hourly bid rates for labor on Family Funland and
authorize the Mayor to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS
MEETING DATE: Feb 11, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen lkerd Parks & Facilities Mans er DEPT: PRCS
_...__.. _ _ _._ .— ........__e....... __ .... _._ _._._..._.... __.._.— ..---- - - - -..
Attachments: Family Funland Labor memo.
Options Considered:
1. Authorize a bid award for Family Funland Labor in the amount not to exceed $89,431.00 to Danneko
Construction who was the lowest responsive responsible bidder and authorize the Mayor to execute said
agreement, and forward to the full Council February 18, 2014 consent agenda for approval.
2. Do not authorize a bid award for Family Funland Labor to Danneko Construction and provide direction
to staff.
MAYOR'S RECOMMENDATION: Option 1: Authorize a bid award for Family Funland Labor in the amount of
$89,431.00 to Danneko Construction who was the lowest responsive responsible bidder and authorize the Mayor
to execute said agreement and fb^ d to the fu1��ci ebruary 18, 2014 consent agenda for approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL: G&K
17A Initial
IV
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid
Labor in the amount not to exceed $89,431.00 to Danneko Construction who
responsible bidder and authorize the Mayor to execute said agreement to the full
consent agenda for approval.
award for; Family Funland
was the lowest responsive
Council February 18, 2014
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for Family Funland Labor in the
amount not to exceed $89,431.00 to Danneko Construction who was the lowest responsive responsible bidder
and authorize the Mayor to execute said agreement ".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 7 RESOLUTION #
CITY OF
V:N�L
Federal Way
Parks and Facilities Division
Date: February 3, 2014
To: PRHSPS Council Committee
Via: Mayor Jim Ferrell �/�
Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. Y '�'
From: Stephen Ikerd, Parks & Facilities Manager
Subject: Family Funland Labor
Background:
To be consistent with purchasing policies, Staff solicited associated hourly labor rates for
the renovation project of the Family Funland playground in Steel Lake Park. This Request
for Bids (RFB) captured the labor rates for the renovation work under the direct
supervision of Leathers and Associates; the Architect overseeing the project.
Staff sent the RFB to 10 companies on the MRSC Roster and 2 additional companies
requested bid packets. Leathers and Associates plans to start the project with 15 workers;
5 out of each classification shown below, with a goal of working up to an estimated ten 10
hour days or 1500 hours on the project. To manage cost, the City will work with Leathers
and the selected contractor to use only the needed hours and type workers to complete
the project as it progresses.
Three (3) companies responded by submitting the following hourly rates for the 3 different
Classification of workers.
Family Funland RFB - Labor hourly rates:
Classification
Danneko
Construction.
Talakai
Construction.
Woodland
Industries
Journeyman Carpenter rate
$61.02
$65.00
$100.00
Apprentice Carpenter
$36.88
$45.00
$80.00
General Laborer
$49.92
$55.00
$90.00
Estimated Labor Cost:
Carpenter: 5 man @ 8hrs x 10 days = 400hrs @ 61.02 per hour = $24,408.00
AP Carpenter: 5 man @ 8hrs x 10 days = 400hrs @ 36.88 per hour = $14,752.00
Laborer: 5 man @ 8hrs x 10 days = 400hrs @ $49.92 per hour = $19,968.00
Total regular hours $59,128.00
Carpenter: Over Time 100hrs @ $91.53 per hour= $ 9,153.00
AP Carpenter: Over Time 100hrs @ $55.32 per hour = $ 5,532.00
Laborer: Over Time 100hrs @ $74.88 per hour = $7,488.00
Total OT hours $22,173.00
8
Total Regular & OT $81,301.00
10% contingency 813.0.00-
Total $89,431.00
Recommendation:
Staff evaluated the responses to the RFB, checked references and recommends awarding
the bid to the lowest responsive responsible bidder; Danneko Construction in the amount
not to exceed $89,431.00.
Available Budget:
$90,000.00 — Council approved line item budget for the Funland labor cost.
$89,431.00 — Estimated labor cost if all 1500 hours are needed for the project.
$ 569.00 — Balance
This Page Left Blank Intentionally
10
COUNCIL MEETING DATE: FEB 18, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 PARKS, RECREATION & CULTURAL SERVICES COMMISSION WORK PLAN
POLICY QUESTION: Should the Council approve the Parks, Recreation & Cultural Services Commission 2014
Work Plan?
COMMITTEE: PRHSPS MEETING DATE: Feb 11, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager .......... ....... _. ......_ ................_....... DEPT: PROS
_ ........ ....._.............___ . ... ..... - .._._.............__._...... _.._....................
Background: The Parks, Recreation & Cultural Services Commission discussed their 2014 Work Plan during
the Dec 5, 2013 & Jan 2, 2014 Commission meetings and voted to forward to Mayor Ferrell and the Council
their proposed work plan for approval.
Attachments: Parks, Recreation & Cultural Services Commission 2014 Work Plan
Options Considered:
#1- Approve the proposed Parks, Recreation & Cultural Services Commission 2014 Work Plan, and forward to
the full Council February 18, 2014 consent agenda for approval.
#2- Decline the proposed Parks, Recreation & Cultural Services Commission 2014 Work Plan, and
request the Commission to make recommended revisions.
MAYOR'S RECOMMENDATION: Option #1; Approve the proposed Parks, Recreation & Cultural Services
Commission 2014 Work Plan, and fOi� yard to the Fe ruary 18, 2014 consent agenda for approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
Initial
COMMITTEE RECOMMENDATION: I move to approve the 2014 Parks, Recreation & Cultural Services
Commission Work Plan, and forward to the full Council February 18, 2014 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Parks, Recreation & Cultural Services Commission
2014 Work Plan"
11
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1sT reading
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 08/12/2010
RESOLUTION #
11
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COUNCIL MEETING DATE: February 18, 2014 ITEM #:
. . . ................. .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DUI & DISTRACTED DRIVING FUNDING — THE "NICK & DEREK PROJECT"
POLICY QUESTION: Should the City of Federal Way allocate funding in the amount of $50,000.00 to sustain
annual DUI and Distracted Driving patrols? This funding source shall be from Red Light Photo Enforcement
(RLPE) revenue, providing overtime police patrols focusing on DUI and Distracted Driving.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Feb. 11, 2014
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT JIM NELSON DEPT: Police
Attachments:
1. PRHS & PS Memo
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: DIRECTOR APPROVAL:
Committee Council Initial
CHIEF OF STAFF: t.v, p4 tin
Co tee C cil
COMMITTEE RECOMMENDATION: I move to forward approval for City of Federal Way funding in the amount of
$50, 000.00 for the "Nick & Derek Project" to the February 18, 2014 Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way to allocate $50, 000.00 in
funding for the Federal Way Police Departments "Nick & Derek Project ".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1sT reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 08/12/2010
RESOLUTION #
13
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: February 11, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Interim Chief of Police
SUBJECT: Acceptance of "Nick & Derek Project" DUI / Distracted Driving Project.
Background
One of the 2014 goals for the Police Department is to strengthen traffic enforcement along with
education and prevention in two specific areas to make our streets safer to protect our citizens.
First, DUI enforcement can be strengthened by allocating necessary funding for overtime DUI
patrols. We have completed a DUI enforcement pilot project, dubbed the "Nick and Derek
project" in honor of two Decatur High School students (Nicholas Hodgins & Derek King) killed
in a DUI collision in June, 2010.
The pilot project (April — November, 2013) was modeled after the Washington Traffic Safety
Commission's (WTSC) highly successful Target Zero campaign. FWPD deployed highly trained
DUI traffic officers on weekends, holidays and special event evenings, typically from 2000 -0300
hours. Our funding of $10,000 resulted in 20 overtime patrols, netting 18 DUI arrests. Of these
18 arrests, eight offenders provided breath samples which indicated impairment 2x the legal limit
of .08.
The second traffic area in need of attention is that of Distracted Driving. The WTSC has
recognized the value of dedicating resources to distracted driving enforcement and has provided
limited grant funding for such enforcement. These enforcement measures require officers to
issue a minimum of three citations per hour for texting and cell phone violations. The FWPD
Traffic Unit took part in this grant program in 2013 and it was successful; the officers easily
found violators. This distracted driving is a growing problem nationwide, as well as, regionally
and locally in Federal Way.
Proposal
A request that the City of Federal Way allocate annual funding in the amount of $50,000 to
sustain police overtime patrols, focusing on DUIs and Distracted Drivers. These patrols will
serve to prevent DUI and Distracted Driving related violations and collisions, reducing injuries
and fatalities to our citizens.
Funding Source
Red Light Photo Enforcement (RLPE) Revenue Fund
14
COUNCIL MEETING DATE: N/A ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEA — State and Local HIDTA Task Force Agreement
POLICY QUESTION:
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Feb. 11, 2014
SAFETY COUNCIL COMMITTEE (PRHS&PS)
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution 0 Other Information Only
STAFF REPORT BY: LYNET-rE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department
... . . . ........ . .
. .. ............. ........ . . .... . .... * . . ............
Attachments:
1. State and Local FHDTA Task Force Agreement
Narcotics and dangerous drugs have a detrimental effect on the health and well-being of not only the Citizens in
Federal Way but all people throughout Washington and beyond. The US Department of Justice, Drug
Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and
dangerous drugs.
The Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on
February 8, 2010 and FWPD entered into an Agreement with the State and Local FRDTA for the reimbursement
of overtime for the Officer. The attached Agreement is a continuation of our efforts to control the trafficking of
drugs.
This Agreement is effective October 1, 2013 through September 30, 2014 and reimburses FWPD for the
Officer's overtime .. . t .
. . ....... . ............... . . . ... . ........ .... . ..... . .. . ................. . . .... . . . ......... . ..........
MAYOR'S RECOMMENDATION_:"
MAYOR APPROVAL: I DIRECTOR APPROVAL:
Com �tfttee_council
CHIEF OF STAFF: 41�11
Council
Co itt e C Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: NIA
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BELL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
15
Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this first (1S) day of October 2013, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Federal
Way Police Department (hereinafter "FWPD "). The DEA is authorized to enter into this
cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater
King County area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Washington, the parties hereto agree to the following:
1. The DEA SeaTac HIDTA Task Force (Group D -22) will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted
violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous
drugs; and
c. conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the task force's activities will result in effective
prosecution before the courts of the United States and the State of Washington.
2. To accomplish the objectives of the SeaTac HIDTA Task Force (Group D -22), the FWPD
agrees to detail one (1) experienced officer(s) to the SeaTac HIDTA Task Force (Group D -22)
for a period of not less than two years. During this period of assignment, the FWPD officer(s)
will be under the direct supervision and control of DEA supervisory personnel assigned to the
task force.
3. The FWPD officer(s) assigned to the task force shall adhere to all DEA policies and
procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal
from the task force.
4. The FWPD officer(s) assigned to the task force shall be deputized as task force officers of
DEA pursuant to 21 USC 878.
MI
5. To accomplish the objectives of the SeaTac HIDTA Task Force (Group D -22), DEA will
assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide necessary funds and
equipment to support the activities of the DEA Special Agents and seven (7) officers assigned to
the task force. This support will include: office space, office supplies travel funds, funds for the
purchase of evidence and information, investigative equipment, training and other support items.
6. During the period of assignment to the SeaTac HIDTA Task Force (Group D -22), the FWPD
will remain responsible for establishing the salaries and benefits, including overtime, of the one
(1) officer(s) assigned to the task force and for making all payments due them. HIDTA will,
subject to availability of funds, reimburse the FWPD for overtime payments made by it to the
one (1) officer(s) assigned to the SeaTac HIDTA Task Force (Group D -22) for overtime, up to a
sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently
$17,202.25 , per officer. Note: Task Force Officer's overtime "Shall not include any costs for
benefits, such as retirement, FICA, and other expenses."
7. In no event will the FWPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The FWPD shall maintain on a current basis complete and accurate records and accounts of all
obligations and expenditures of funds under this agreement in accordance with generally
accepted accounting principles and instructions provided by DEA to facilitate on -site inspection
and auditing of such records and accounts.
9. The FWPD shall permit and have readily available for examination and auditing by DEA, the
United States Department of Justice, the Comptroller General of the United States, and any of
their duly authorized agents and representatives, any and all records, documents, accounts,
invoices, receipts or expenditures relating to this agreement. The FWPD shall maintain all such
reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of three (3) years after termination of this agreement, whichever is later.
10.1he Federal Way Police Department (FWPD) shall comply with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975,
as amended, and all requirements imposed by or pursuant to the regulations of the United States
Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other
Responsibility Matters; and drug -Free Workplace Requirements. The FWPD acknowledges that
this agreement will not take effect and no federal funds will be awarded until the completed
certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing projects or programs funded in whole or part with federal money, the
FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be
17
financed with federal money and (2) the dollar amount of federal funds for the program or
project.
13. The FWPD understands and agrees that HIDTA will provide the SeaTac HIDTA Task Force
(Group D -22) Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish
mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the
cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel
for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor
tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S) -HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD
personnel, in addition to whatever accident reporting requirements the FWPD, may have.
14. While on duty and acting on task force business, the FWPD officer(s) assigned to the HIDTA
task force shall be subject to all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and for personal business. The
HIDTA Executive Committee acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of their federal employment, to the
extent permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2014. This agreement maybe terminated by either party on 30 days advance
written notice. Billing for all outstanding obligations must be received by DEA within 90 days of
the date of termination of this agreement. HIDTA will be responsible only for obligations
incurred by FWPD during the term of this agreement.
For the Drug Enforcement Administration:
Date-
Name: MiTttWw G. Barnes
Title: SAC
For the Federal Way Police Department
L.1-
Name: Wilson
C A,ecr /w
Title: Chief of Police
18
Date: Zl?0J 3
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
AND
DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to
which they are required to attest. Applicants should also review the instructions for
certification included in the regulations before completing this form. Signature of this
form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment
and Suspension (Non - procurement) and Government -wide Requirements for Drug -Free
Workplace (Grants)." The certifications shall be treated as a material representation of
fact upon which reliance will be placed when the Department of Justice determines to
award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR
Part 69, for persons entering into a grant or cooperative agreement over $100,000, as
defined at 28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub - recipients shall
certify and disclose accordingly.
19
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defined
at 28 CFR Part 67, Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three -year period preceding this application been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not
within a three -year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform employees
about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
20
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to:
Department of Justice
Office of Justice Programs
ATTN: Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph (d)(2), with respect to any employee who is so
convicted
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
21
B. The grantee may insert in the space provided below the site(s) for the performance of
work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
4,e.., ./0/,k 1
kclu�l.5 1-4
Check `-if there are workplaces on file that are not identified here.
Section 67, 630 of the regulations provides that a grantee that is a State may elect to
make one certification in each Federal fiscal year. A copy of which should be included
with each application for Department of Justice funding. States and State agencies may
elect to use OJP Form 4061/7.
Check _ if the State has elected to complete OJP Form 4061/7.
" '-/6a&-,
22
DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620
A. As a condition of the grant, I certify that I will not engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance in
conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation occurring during the
conduct of any grant activity, I will report the conviction, in writing, within 10 calendar
days of the conviction, to:
Department of Justice
Office of Justice Programs
ATTN: Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
As the duly authorized representative of the applicant, I hereby certify that the applicant
will comply with the above certifications.
1. Grantee Name and Address:
06m�
2. Application Number and /or Project Name:
3. Grantee IRS/Vendor Number
4. Type /Print Name and Title of Authorized Representative
,9,1 (" '� whCP� G4, t7 0 % AY, a
'x1
5. Signatui�✓ 6.
OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC
23
This Page Left Blank Intentionally
24
COUNCIL MEETING DATE: February 18, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: T- MOBILE SITE LEASE RENEWAL — PANTHER LAKE
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE
AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT?
COMMITTEE: PARKS RECREATION HUNLILN SERVICES & PUBLIC MEETING DATE: February 11,
SAFETY 2014
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law
T- Mobile entered into a Lease Agreement with the City on December 8, 2003 for installation and operation of
certain equipment on City owned land located near Panther Lake for use in connection with its wireless
telephone communications service. The lease was renewed in 2008 and expired on December 8, 2013. T- Mobile
has requested to renew the lease for an additional five year term pursuant to the terms of the lease. This
amendment will increase the monthly rental rate from $1,929.10 to $2,631.87 and will increase 4% each year
beginning January 1, 2015.
Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to
execute the amendment.
2. Reiect the lease renewal.
MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to
execute the amendment.
MAYOR APPROVAL: , ( DIRECTOR APPROVAL: J29�.
o ittee -0counAl Initial
CHIEF OF STAFF: v ,U1 (y 6,0ty)
COM&MY Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Second Amendment to the T- Mobile Site
Lease to the February 18, 2014 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: I move to forward the proposed Second Amendment to the T- Mobile Site
Lease to the February 19, 2013 consent agenda for approval.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED
COUNCIL BILL #
0 DENIED
IST reading
D TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED- 08/12/2010
RESOLUTION #
25
SECOND AMENDMENT
TO
SITE LEASE AGREEMENT
(AG # 04 -024)
This Second Amendment to Site Lease Agreement (" Amendment") is dated effective this 8th Day of
December, 2013, and is entered into by and between the City of Federal Way, a Washington
municipal corporation ( "City "), and T- Mobile West LLC, a Delaware limited liability company,
formerly known as T- Mobile West Corporation, a Delaware corporation, which was successor -in-
interest to VoiceStream PCS III Corporation, a Delaware corporation ( "Tenant ").
A. The City and Tenant's predecessor in interest, VoiceStream PCS III Corporation ( "VS
PCS III") entered into a Lease Agreement dated effective December 8, 2003, whereby the City
agreed to lease to VS PCS III, as Tenant, a portion of the space on and air -space above the City
Property, as amended by the First Amendment to Site Lease Agreement dated December 8, 2008
executed by the City and T- Mobile West Corporation ( "Lease ").
B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5)
year terms under Section 2.
C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease
must be in writing and executed by both parties.
D. The First Amendment renewed the Lease for a five (5) year term which expired on
December 8, 2013.
E. The City and the Tenant agree and desire to amend the Lease to renew the term of the
Lease for an additional five (5) years, which will constitute the second (2°) Renewal Term.
F. Pursuant to Section 2 of the Lease, the City represents that it previously performed a
market rent analysis as permitted therein and that based on that previous market analysis, City
believes the current monthly Rent for this Lease is more than twenty percent (20 %) below fair
market rent, and City now desires to increase the monthly Rent under the Lease as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
the parties agree to the following terms and conditions:
1. Term.
Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year
term commencing on December 8, 2013, and expiring December 8, 2018.
- 12 1
3. Rent.
Commencing on December 8, 2013, the new monthly Rent under the Lease shall be Two
Thousand Six Hundred Thirty -one and 87/100 Dollars {$2,631.87} per month. The Rent shall be
increased by four percent (4 %) each January I during the term on the Lease beginning on January 1,
2015.
4. Notices.
Section 16 of the Lease shall be amended to change the notices addresses for the City and
Tenant as follows:
If to City: City Attorney
33325 Eighth Avenue South
Federal Way, WA 98003
With a copy to: Mayor
33325 Eight Avenue South
Federal Way, WA 98003
If to Tenant: T- Mobile USA, Inc.
12920 SE 28th Street
Bellevue, WA 98006
Attn: Lease Compliance /SE04799A
5. Full Force and Effect.
All other terms and conditions of the Lease not modified by this Amendment shall remain in
full force and effect.
DATED the effective date set forth above.
ATTEST:
Carol McNeilly, CMC, City Clerk
CITY OF
- 22 7-
WAY
U
TyA FerfeIl, Mayor
3325 8th Ave South
Federal Way, WA 98003
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
T- MOBILE WEST LLC, a Delaware limited
liability company
RIM
STATE OF WASHINGTON )
) ss.
COUNTY OF KING }
David Gallacher,
Vice President, Engineering.
T- Mobile Regional Engineering West,
1855 Gateway Blvd. 10th Floor,
Concord, CA 94520.
On this day personally appeared before me David Gallacher, to me known to be the Vice President,
Engineering of T- Mobile West Corporation, a Delaware Corporation, that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he /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 , 2014.
(typed/printed name of notary)
Notary Public in and for the State of
My commission expires
- 32 8-