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PRHSPSC PKT 09-13-2016City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee September 13, 2016 City Hall 5:00 p.m. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Action Council Topic Title/ Description Presenter Page or Info Date A. Approval of Minutes: July 12, 2016 3 Action N/A B. 2016/2017 Diversity Commission Work Plan Watson 7 Action Consent 9/20/16 C. First Amendment to Cedar Building Services, Inc. Ettinger 13 Action Consent 9/20/16 D. Interagency Agreement between WA State ICAC Task Hwang 19 Action Consent Force Acting through the City of Seattle Police Department 9/20/16 and Federal Way Police Department E. Drug Enforcement Administration Asset Forfeiture Sharing Hwang 47 Action Consent MOU and Local HIDTA Task Force Agreement 9/20/16 F. 2016 Target Community Engagement Funds Grant Hwang 57 Action Consent 9/20/16 G. Parks Asphalt Trail Repairs Ikerd 59 Action Consent 9/20/16 H. Eastern States Paving, Inc. Retainage Release Ikerd 61 Action Consent 9/20/16 I. Fieldturf USA, Inc. Retainage Release Ikerd 63 Action Consent 9/20/16 J. Landscape Structures, Inc. Retainage Release Ikerd 65 Action Consent 9/20/16 Committee Members City Staff Mark Koppang, Chair John Hutton, Parks Director Lydia Assefa- Dawson Mary Jaenicke, Administrative Assistant II Martin Moore 1 K: \PRHSPS Committee \2016 \09132016 prhsps agenda.doc K. Northwest Playground Equipment, Inc. Retainage Release Ikerd L. Metro Group, LLC. Retainage Release Ikerd M. American Guaranteed Roofing and Construction, Inc. Ikerd Retainage Release N. Global Contractors, LLC Retainage Release Ikerd 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS • Festivals 7. NEXT MEETING: October 11, 2016 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore 2 K:\PRHSPS Committee \2016 \09132016 pr~sps agenda.doc 67 Action Consent 9/20/16 69 Action Consent 9/20/16 71 Action Consent 9/20/16 73 Action Consent 9/20/16 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday July 12, 2016 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee members Moore and Assefa- Dawson. Committee member Assefa- Dawson arrived at 5:15pm. Council Members in Attendance: Deputy Mayor Burbidge Staff Members in Attendance: John Hutton, Parks Director, Deputy Chief Steve Neal, Lt. Kurt Schwan, Cathy Schrock, Civilian Operations Manager, Ryan Call, Assistant City Attorney, and Mary Jaenicke, Administrative Asst. II. Guests: Lake Jeane Residents Mary Jo Reintsma, Bob Woolley, Steve Mandle and Don Smith Chair Koppang called the meeting to order at 5:03 p.m. Commission Comment: None Approval of Minutes Committee member Moore moved to approve the June minutes as written. Chair Koppang seconded the motion. Motion passed. BUSINESS ITEMS Laser Technology, Inc. TruSpeed Mapping Crime Scene Kit Documentation & Collision Reconstruction Equipment Purchase & Replacement Reserve Fund Lt. Schwan reported that this is a proposal to replace the equipment that is used for their crime scene mapping. This program will replace the outdated and unserviceable equipment that they currently have. Committee member Moore moved to forward the purchase of the Laser Technology Inc. TruSpeed Mapping Kit and the establishment of a 10 -year replacement reserve fund for the equipment to the July 19, 2016 Council consent agenda for approval. Chair Koppang seconded. Motion Passed. Neighborhood Speed Watch and Disabled Parking Enforcement Volunteer Program Lt. Schwan reported that this is a volunteer program. Two volunteers will utilize a police volunteer vehicle and go to locations where traffic complaints have been reported. Using a handheld radar system, they will record vehicle speeds and the date and time. They will also record the license plates of those vehicles that are speeding. This information will be provided to the Traffic Unit, and a warning letter will be sent out to the vehicle owner. The disabled parking enforcement will address parking issues reported to the police department in the core and commercial areas of Federal Way. This program will assist in enforcing and deterring disabled parking violations. If an officer is not available, the volunteers will place a warning notice on the windshield. They would also be sent a warning letter. Reallocation of Red Light Traffic Safetv Cameras to School Zone Traffic Safety Cameras Lt. Schwan stated that periodically traffic evaluations are done on the system. An evaluation was done in May, the statistical data was reviewed and the result of the data was that the cameras are succeeding at gaining voluntary compliance to traffic laws. Collisions at the intersection of Pacific Highway South and South 320"' have gone down consistently. The department would like to reallocate the Red Light Traffic Safety cameras to School Zone Traffic Safety cameras and place them at the SW Campus Drive Saghalie Jr. High School zone. This school zone has a high volume of traffic traveling in excess of the posted speed limit. Committee member Moore moved to forward the reallocation of two Red Light Traffic cameras from Pacific Highway South and South 320`h Street to School Zone Traffic Safety cameras in the Saghalie Jr. High School Zone near the 1700 block of SW Campus Drive to the July K:\PRHSPS Committee\2016 \07122016 Mins.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 12, 2016 Summary Page 2 19, 2016 consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. Edward Bvrne Memorial Justice Assistance Grant (JAG) Program for FY 2016 Ms. Schrock stated that department applies for the JAG grant each year. This grant does not require any matching funds. The purpose of the grant is to enhance the ability to improve technology, purchase equipment, and support programs that are supported by JAG. These programs are primarily community oriented. The amount of the grant is approximately $36,000 and will be used to purchase printers, scanners, personal computers, Surface Pro's and help fund the Teen Police Academy. Committee member Assefa- Dawson moved to forward the FY 2016 JAG Grant, with a total compensation of $33,628 to the July 19, 2016, City Council consent agenda. Committee member Moore seconded. Motion passed. CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini -Grant Ms. Schrock stated that the Youth Safety Academy was created to reach out and partner with high school age students in Federal Way. Thru the AVID program, they worked with several organizations to come up with the idea of trying a Youth Safety Academy. They applied and received a grant in the amount of $1,000. This grant will be used to provide t -shirts for the students and lunch on one day. Funds have been solicited from the community to offset the cost of the program. Students in AVID classes from Federal Way and Thomas Jefferson High School were surveyed, and the majority responded that they were concerned about safety in their neighborhood and wanted direction on how to make their neighborhood safer. Ms. Schrock stated that the students were very engaged in the program. There was a lot of open dialogue with officers in the police department. Committee member Moore moved to forward the proposal to accept grant funding in the amount of $1,000.00 from the CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini -Grant program for the Federal Way Police Department's Youth Safety Academy and authorize Chief Andy Hwang to accept said grant. Committee member Assefa- Dawson seconded. Motion passed. King County Registered Sex Offender Cost Reimbursement Agreement Deputy Chief Neal reported that the department has been utilizing this grant since 2009. This grant reimburses officers for overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders. The amount of the grant is $25,052.27. Committee member Assefa- Dawson moved to forward the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriffs Office to the July 19, 2016 Council consent agenda for approval. Committee member Moore seconded. Motion passed. COUNCIL DISCUSSION ON EMERGING ISSUES The committee thanked Director Hutton and the Parks Department for their hard work, and the success of the grand opening of Town Square Park. Committee member Moore asked if there was a way to recognize all of the volunteers that worked at Town Square Park. Mr. Hutton stated that there will be a plaque at the park that will recognize and thank all of the volunteers and staff. They were also thanked at the grand opening. Mr. Hutton stated that they are being thanked properly. Public Comment: Mary Jo Reintsma stated that she feels that they are at an impasse on the Lake Jeane situation and feels that there needs to be a focus on solutions. It has become very contentious. She has toxic mold in front of her house and she is concerned about health issues. Bob Woolley stated that there has been a lot of activity that has been occurring in the last week, and there is going to be a lot more in the coming week. He stated that he is waiting to hear what the Mayor's re- look of the Lake Jeane issue is. He would like to be informed. Mr. Woolley stated that residents of Lake Jeane are prepared to attend the July 19 City Council meeting to give public comment on the issue. Mr. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 12, 2016 Summary Page 3 Woolley stated that the Lake Jeane residents are going to have a meeting on the National Night Out, and are requesting that the City Council, the Deputy Mayor and the Mayor come to that meeting and tell them why they should or should not live on a toxic lake, and what the city is going to do. If the city is not going to act on the nuisance ordinance tell them what they should do. A sample was taken of Lake Jeane and was given to the King County lab for analysis; it's been one month since there has been an indication that it was toxic. The residents of Lake Jeane have been living with the toxic lake since 2013.Mr. Woolley stated that he has communicated with the Mayor and Deputy Mayor that the Federal Way Mirror has been requesting to meet with them so they can write an article about the situation. Mr. Woolley has resisted meeting with them. He has both a positive article and a derogatory article about the City. Chair Koppang stated that this is not a simple thing. This is private property, and any time the council takes actions, there are repercussions, that they need to understand. The Council and the City are well aware of the issue. He is not sure if there is a clear path to a solution at this point. He would like to have a better understanding of what the repercussions are of not coming up with a Lake Jeane solution. Mr. Woolley requested that this issue be placed on a City Council agenda so they could have the prerogative of speaking pointedly and directly without the constraint of not being able to ask questions and not getting answers. The Twin Lakes Country Club will not act unless they are forced to. There needs to be some indication to the club that there is pressure to act, and this pressure needs to come from either a nuisance ordinance, litigation or a lawsuit if there is an event where a citizen or a pet gets sick, and the club will not be the only defendant. Steve Mandle said they he does not understand the private property being an issue. If his next door neighbor dumps a large amount of trash in his front yard, it could become a nuisance, and the lake is the same issue. Chair Koppang replied that this is one of the issues that they have to weigh in moving forward. Committee member Moore thanked the residents for being at the meeting. He stated this is clearly a very difficult issue and he has begun to learn the legal issues. He will continue to fight on their behalf to find a - solution. He believes at some point there will be a solution. The Council and staff are working very hard on this. Committee member Assefa- Dawson stated that she is not an expert on this issue and cannot say what the solution is. They are not neglecting what the residents are going through. She has reached out to King County toxicology to have them interpret what the numbers mean. Deputy Mayor Burbidge added that she finds the conditions of the lake intolerable. She does not understand why treatment has not already occurred. It is her understanding that the club has applied for a permit to treat the lake and can do so. Mr. Mandle answered that the club has created a chemical and they want to wait until the lake is toxic, they believe it will change the toxicity of the lake, but it will not change the color. He stated that this is a separate issue from the lawsuit. Don Smith clarified the issue about the treatment that the club applied for. He also clarified that the chemical that was created will not treat the toxicity; it will only get rid of the smell. He stated that the club renewed their permit to stop the residents of Lake Jeane using the permit that they had applied for. You cannot have two permits issued for the same lake. Mr. Woolley added that if a nuisance ordinance were created, it would force the club to use their current permit and the products that they do not want to use or they will pay a fine of $5,000 a month. Chair Koppang recapped the issue. The city wants to be a part of the solution. There is a desire on for the city to solve the problem on the lake, and he does not know if they can solve the problem, but he believes they can be a part of the solution. Mr. Woolley thanked the committee for allowing th5m the time to have open dialogue on the issue. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 12, 2016 Summary Page 4 PENDING ITEMS Festivals — Deputy Mayor Burbidge stated that the city just had one of the largest festivals. There were 20,000 people at the Red, White and Blues festival. Committee member Assefa- Dawson stated that there have also been discussions about a Cultural Diversity Festival. NEXT MEETING The August meeting has been cancelled, and the next meeting will be held on September 13`''. ADJOURNMENT Meeting adjourned at 6:49p.m. C. COUNCIL MEETING DATE: September 20, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016/2017 DIVERSITY COMMISSION WORK PLAN POLICY QUESTION: Should the City Council approve the Diversity Commissions 2016 -2017 Work Plan? ITEM #: COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: 9/13/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson ' Community Services Manager — — DEPT: CD -- g ---- - - -. -. -..._.__._ ....----- .- ..- .._......_.._.... -- - - - - -- -- Attachments: 2016/2017 Diversity Commission Work Plan Background: At their July 13th meeting, the Diversity Commission voted to recommend approval of its 2016 -2017 Work Plan. The plan outlines specific goals and activities that the Commission intends to follow to focus their annual efforts. The plan includes continuing a leadership role for the MLK Celebration and other established Commission projects. Options Considered:. 1. Approve the Diversity Commission's 2016 -2017 Work Plan. 2. Don't approve the Diversity Commission Work Plan and direct Staff to make changes. MAYOR'S MAYOR APPROVAL IRECTOR APPROV Cbmmi ee � ncd 6 Initial/Date Inihal/Date �� CHIEF OF STAFF: ✓Incv)�ilL .CGItA+ of ��fl`M��IIFI/G COMMITTEE RECOMMENDATION: I move to forward the 2016 -2017 Diversity Commission Work Plan to the September 20, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2016 -2017 Diversity Commission Work Plan " (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 — 1/2015 _ RESOLUTION # 7 T17 I&I I Federal Way, -A City for All of Us" w, City of Federal Way Diversity Commission 2016 -2017 Work Plan 8 Diversity Commission 12016-2017 Work Plan I Page 1 of 5 TT�, T&I r Federal Way, "A City for All of USA Fed" Way Dive ty Commission OUR VALUES: 1) Helpfulness Expect commissioners to be willing to assist others and to help improve our community by: • Current commissioners provide welcoming one -on -one access for new commissioners • Identifying team strengths and each other's passions • Supporting community- oriented diversity programs through awareness and development 2) Responsibility Maintain a high level of commissioner accountability to each other, the City government and to our diverse community through: • Civility • Sharing the workload • Transparency • Mutual trusting that intent is genuine • Verifying that commitments are fulfilled • Listening and participating at community events and meetings • Communication with the City's elected officials, as directed by City Ordinance 3) Involvement Encourage high level of participation with others in decision - making and problem - solving: • Support involvement through attendance & participation in the Diversity Commission meetings and at Commission events • Encourage input during meetings through a philosophy that "no comment or idea is unimportant" • Commissioners shall align their individual priorities to the Diversity Commission's mission 4) Wisdom The Commission shall consider its larger context within Federal Way and the long -range impact on our community in making strategic decisions by: • Adventure and New Approach — take new risks that lead to better /redefined best practices • External Resources — look to regional- and national -level environments for knowledge • Community Awareness and Insight — intentionally seek an understanding of community concerns and community knowledge • Commission Intelligence — seek added value within "us "- the Commission • Mayor /Council Knowledge & Understanding — Communicating with elected officials, seeking their wisdom 9 Diversity Commission 12016-2017 Work Plan I Page 2 of 5 T17 I&I I Fe ierol Way, "A City for All of 051 Fad" Vfty Diversity Commission OUR MISSION: To advise City government to ensure Federal Way is a community that is united amidst diversity, where each individual is equally respected, valued, needed, and cherished. Equality is not sameness; it is equivalent value. BRAND PROMISE: The Diversity Commission is dedicated to helping Federal Way become a city where all people have a feeling of belonging and sharing community, where there is equal access to information and resources for all, and where there are equal opportunities for all. TWO -YEAR STRATEGIC OBJECTIVES: The City of Federal Way Diversity Commission shall engage with Federal Way residents and businesses at the neighborhood level during the next two years. The intention is to build the Commission's knowledge about local and regional equity issues facing our city's residents. We will document this knowledge and use it to achieve our mission. 10 Diversity Commission 2016 -2017 Work Plan I Page 3 of 5 T17 T&TIA Federal Way, ",q City for All of U5 City of Federal Way Diversity Commission 2016 -2017 Work Plan 1) In 2016 and 2017, the Diversity Commission will initiate and host a series of Community Listening Forums with residents and businesses for the purpose of building Commission understanding of equity and diversity issues in the City, thus focusing future work plans to address these issues. The Commission shall develop a project - delivery plan which formulates the actions necessary to host Community Listening Forums within Federal Way. The Commission shall partner with community groups and other organizations to advertise, manage and participate in the public meetings. In each case, the issues and suggestions shall be compiled and reported upon. • A survey shall be created and be available to the public throughout the duration of the project in various formats. The survey will allow the community to provide feedback on diversity and equity issues. • Commissioner work teams will be formed to implement the actions outlined within the project delivery plan. • Commissioners will work with City staff, community groups, and other organizations to schedule neighborhood venues and advertise each of the _Forums. • A local facilitator will be secured to manage and conduct the Forums. • The Commission shall capture and compile the comments raised during each Forum. The Commission will complete the Community Listening Forums and issue a Report of Findings. The report shall contain issues raised at the Forums and information submitted through surveys, as well as strategies and actions that can be undertaken by future Commissions that lead to furthering the Commission's directive from the City Council. • The Commission will compile and evaluate the information gathered from all Forums and surveys. The Commission will develop a draft version of the Report of Findings, which summarizes the efforts, acknowledges the partnerships, draws conclusions (coupled with the basis for determination) concerning issues raised during the Forums and surveys, and creates strategies and actions that the Diversity Commission could implement that would further the Commission's mission and address the issues raised. • The Commission and partner rous/organizations shall review the drafted Report of Findings and provide comment. • Forward the final report to the Mayor and the City Council for consideration. 11 Diversity Commission 12016-2017 Work Plan 1 Page 4 of 5 T I I&I , I Federal Way, ,.A City for All of USA a.., C—e- 2) In 2016 and 2017, the Diversity Commission will remain visible and relevant to all members of the community through its participation and /or sponsoring of events and activities that promote the mission and purpose of the commission. • Take a leadership role in the Martin Luther King Jr. Celebration, to be held in January 2016 and 2017. • Coordinate and participate in the Martin Luther King Jr. Food Drive (January). • Schedule and deliver the Federal Way Elementary School Book Drive, which includes the purchase of multi - cultural books that would be read to students by local leaders and volunteers (March). Investigate ways to align this effort with the digital platform that Federal Way Public Schools (FWPS) is implementing. • Participate in the Multi- Cultural Nights at schools and other local venues. • Participate at the Senior Forum event to be held at the Senior Center (November). • Coordinate or participate in a City -wide multi - cultural event that celebrates the community's cultural diversity. • Sponsor and partner with local community organizations, such as Advancing Leadership. 3) In 2016 and 2017, the Diversity Commission will visit or invite to its bi- monthly meetings individuals, groups or organizations engaged in work the Commission is charged to carry out. • The Commission will provide time on their agenda for agency presentations and /or reports from Commissioners visiting an agency. 4) Provide time on the bi- monthly agenda for potential action or gain awareness on timely sub - regional, regional, and federal trends and activities pertaining to equity and diversity initiatives. Receive briefings from Commissioners and /or the City staff on participation, activities, and actions taken while representing either the City of Federal Way or South King County. Convene a gathering of local and regional commissions whose mission aligns with the Diversity Commission, with the purpose of building relationships and gaining awareness of the diversity and equity work accomplished in the region. 12 Diversity Commission 12016-2017 Work Plan I Page 5 of 5 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIRST AMENDMENT TO CEDAR BUILDING SERVICES, INC. POLICY QUESTION: Should the Council authorize a First amendment to a janitorial agreement with Cedar Building Services, Inc.? COMMITTEE: PRHSPS MEETING DATE: September 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rob Ettinger, Dumas Bay Centre Manager DEPT: Parks Background: Cedar Building Services has been the janitorial contractor for the Dumas Bay Centre since September, 2013. We are requesting to enter into an amended agreement extending the term for an additional three years and increasing our hourly rates by the prevailing wage increase of 10% since the inception of the contract. The total contract increase will be $201,960 plus the original contract amount of $183,600 for a total contract of $385,560. Options Considered: 1. Authorize a first amendment to the Cedar Building Services, Inc. Agreement by extending their term an additional three years and increase the compensation by $201,960.00 for a contract total of $385,560 and authorize the Mayor to execute said agreement. 2. Do not authorize an amendment for janitorial services at the Dumas Bay Centre and provide staff with further direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: - x G DIRECTOR APPROVAL: 49W fZ 91--4 Coi nittee Councm Initial/Date lnifialfDa4 Imn I/Date CHIEF OF STAFF: Co itt Council - In' al/Date Initial/Da COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the September 20, 2016 1 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Cedar Building Services, Inc. contract amendment effective September 1, 2016 through August 31, 2019 with a total compensation of $385,560 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 — 1/2015 RESOLUTION # 13 CITY OF CITY HALL 33325 ,,.;�.. Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway. com AMENDMENT NO. 1 TO JANITORIAL AGREEMENT FOR JANITORIAL SERVICES FOR THE DUMAS BAY CENTRE This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Cedar Building Services, Inc., a "Washington corporation" ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for j anitorial services for the Dumas Bay Centre ( "Agreement ") dated effective August 26, 2013, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than August 31, 2019 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. Contractor agrees to pay State of Washington Prevailing Wages as outlined in Exhibit D -1. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 14 AMENDMENT - 1 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South AN Federal Way, WA 98003 -6325 (253) 835 -7000 www cilyoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor DATE: CEDAR BUILDING SERVICES, INC. By: Printed Name: Title: DATE: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: City Attorney, STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Paul Lee, to me known to be the President of Cedar Building Services, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20_• Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 15 AMENDMENT - 2 - 1/2015 AN Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityotfederaMoy com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred One Thousand Nine Hundred Sixty Dollars and 00 /100 Dollars ($201,960.00). The total amount payable to Contractor pursuant to the original Agreement, and this Amendment shall be an amount not to exceed Three Hundred Eighty -Five Thousand Five Hundred Sixty Dollars and 00 /100 Dollars ($385,560.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: $29.00 per hour AMENDMENT 16 -3 - 1/2015 CITY Way EXHIBIT D -1 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityotfederahvay com PREVAILING WAGES State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902 -5335 P.O. Box 44540, Olympia, WA 98504 -4540 The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation. requirements is provided on the Benefit Code Key. ............................................................ ............................... KING COUNTY EFFECTIVE 8/25/2016 County Trade Job Classification Wage Holiday Overtime Note King Building Service Employees Janitor $22.09 5S 2F 17 AMENDMENT - 4 - 1/2015 This Page Left Blank Intentionally M COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE. POLICY QUESTION: Should the City Of Federal Way /Federal Way Police Department enter into an Agreement with the Washington State Internet Crimes Against Children Task Force acting through the City of Seattle Police Department? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 13, 2016 Council Committee (PRHS &PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chris Norman, CIS Commander DEPT: Police Attachments: 1. PRHS &PS Staff Memo 2. ICAC Interagency Agreement 3. Attachment A — Internet Crimes Against Children Program Options Considered: 1. Accept the ICAC Agreement 2. Reject the ICAC Agreement MAYOR'S RECOMMENDATIO . ccept the ICAC Interagency Agreement MAYOR APPROVAL: - a 6 DIRECTOR APPROVAL: �9�—"�dp'"' om ee ounci l� initial CHIEF OF STAFF: c,�.I .�l i �► Co itt e Council COMMITTEE RECOMMENDATION: "I move to forward the Interagency Agreement between the Washington State Internet Crimes Against Children Task Force Acting through the City of Seattle Police Department and Federal Way Police Department to the September 20, 2016 Council consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Interagency Agreement between the Washington State Internet Crimes Against Children Task Force Acting through the City of Seattle Police Department and Federal Way Police Department and authorize the Chief of Police to execute said Agreement. " 19 (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 # 20 CITY OF FEDERAL WAY CITY COUNCIL CON MIITTEE STAFF REPORT DATE: September 13, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington State Internet Crimes Against Children Task Force Acting through the City of Seattle Police Department and Federal Way Police Department The Department of Justice (DOJ) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program which is a national network of state and local law enforcement cybercrime units. Its mission is to assist law enforcement with crimes that are technology- facilitated child sexual exploitation and internet crimes against children. The task force program assists with forensic and investigative components, training and technical assistance, victim services, and prevention and community education. The Federal Way Police Department is requesting authorization to enter into the interagency agreement to be a part of the ICAC national network. There is no cost to Federal Way. 1 21 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE DEPARTMENT This Interagency Agreement is entered into by and between the Washington State Internet Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police Department and Federal Way Police Department (Affiliate Agency) acting through its duly authorized representative. WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and Delinquency Prevention ( OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program, which is a national network of state and local law enforcement cybercrime units. The mission of the national ICAC Task Force Program is to assist state and local law enforcement agencies develop an effective response to technology- facilitated child sexual exploitation and Internet crimes against children. This assistance encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi - jurisdictional, multi- agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies with each task force having an agency designated by the OJJDP as the "Lead Agency" which is the law enforcement agency that is awarded federal funding to serve as the "Lead" "Agency" for the corresponding Task Force. WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the multi - jurisdictional Washington State Internet Crimes Against Children Task Force (WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement and victimization of children through the Internet, online communication systems, telecommunications technology and other computer technology; and Page 1 of 7 22 WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the investigation and prosecution of Internet crimes against children; and WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase their computer forensic capabilities and receive appropriate training to investigate Internet related cases; and WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be identified in the program as an "Affiliate" or "Affiliate Agency" will execute this signed agreement under the authorization of the proper authority of said agency following all of the terms, conditions and tenets contained herein. NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains thirteen (13) Articles. ARTICLE I TERM OF AGREEMENT Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate Agencies may be added by executing an Interagency Agreement with the SPD in substantially the same form as this Interagency Agreement. The term of this Interagency Agreement shall be in effect until terminated pursuant to the provisions hereof. Either agency may cancel this agreement with (30) thirty days of written notification to the other agency. Said notification must be provided from the appropriate authorized authority within that agency. Upon receipt of the written notification the SPD will permanently remove the agency from Affiliate Agency status with the ICAC Program. ARTICLE II OPERATIONAL STANDARDS Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and Investigative Standards, attached to and made part of this Agreement, as Attachment A. The undersigned law enforcement agency agrees to investigate ICAC cases within their jurisdiction, and assist other jurisdictions to investigate these cases. Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children Task Force that is overseen by the SPD. Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC investigations. Each investigator involved with undercover operations mus receive ICAC Program training prior to initiating proactive investigations and shall submit reports of all undercover activity to the SPD ICAC. Affiliate Agencies agree to conduct reactive investigations where subjects are associated within the Affiliate Agencies jurisdiction, including investigations of child pornography, Cybertip (CT) referrals from the National Center for Missing and Exploited Children (NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC- related investigations. Additional case initiations may develop from subject interviews, Page 2 of 7 23 documented public sources, direct observations of suspicious behavior, public complaints, etc. Affiliate Agencies agree to record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for that agency. Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Affiliate Agencies agree to locate its ICAC investigators in secured space, to be provided by the Affiliate Agency, with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of each Affiliate Agencies ICAC personnel, with restricted access to authorized personnel. Affiliate Agencies agree to conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national ICAC Program. Affiliate Agencies agree to be responsible for proper maintenance and use of any equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD. Upon termination of this Interagency Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the SPD. Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate. Affiliate Agencies shall maintain accurate records pertaining to prevention, education and enforcement activities, to be collected and forwarded not less than monthly to the SPD ICAC Commander, Seattle Police Department, PO Box 34986, Seattle, WA 98124 -4986, for statistical reporting purposes (form provided.) ARTICLE III SUPERVISION Each Affiliate Agency will be responsible for the day -to -day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and investigative decisions will be a joint process guided by the WA ICAC TF standards. ARTICLE IV JURISDICTION Paq 3 of 7 4 The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations that are outside of the physical boundaries of their respective municipalities due to specific needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate Agencies agree to take these referrals and conduct appropriate investigations in conformance with the ICAC Operational Standards, investigative or operational training, and their agency policing policies. ARTICLE V I EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. ARTICLE VI INSURANCE AND LIABILITY Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self - insurance program, approved by the State of Washington, for the protection and handling of the liabilities including injuries to persons and damage to property. Each Affiliate Agency agrees to maintain, at its own expense, insurance or self- insurance coverage for all of its liability exposures for this Agreement and agrees to provide the City of Seattle with at least 30 days prior written notice of any material change in the Affiliate Agency's liability coverage. ARTICLE VII REPORTING STANDARDS Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics to the SPD on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th day of each successive month that the statistics were acquired and shall include data on all related investigations opened or closed during the month in all of the categories as designated on the provided form. In addition, a breakdown or summary of basic case data shall be included for each sexual exploitation of a minor (child pornography) case, and /or criminal solicitation of a minor (enticement /traveler) case investigated by an Affiliate Agency along with references to any local media reporting on the investigation. The SPD will be responsible for all required reporting to the OJJDP. ARTICLE VIII TRAINING Affiliate Agencies shall make every effort to make investigators designated as Task Force Members available for applicable specialized training provided through the national ICAC Program and other appropriate training programs. The SPD will review training requests and provide funding for ICAC- approved training when appropriate. This funding will include, but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training through the national ICAC Programs authorized vendors. Page 4 of 7 25 Affiliate Agencies seeking funding assistance will be required to submit requests at least thirty (30) days in advance in writing and to comply with the procedures set forth in a separate Interagency Agreement for funding requests. A sample of this Interagency Agreement is available upon request but in no way is tacit or expressed authorization of requested funding or financial assistance given in advance. Funding under the Interagency Agreement is limited to the available funds that are received by the SPD under the OJJDP Grant program for the national ICAC program. ARTICLE IX CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of WA ICAC TF will be held in the strictest confidence, and will only be shared with other Affiliate Agencies or other law enforcement agencies not participating in the WA ICAC TF where necessary or as otherwise permitted by federal and /or state law. ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS To the extent required by law, the Affiliate Agency shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to the Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60 -30, which are incorporated herein by reference. ARTICLE XI GOVERNING LAW AND VENUE This Interagency Agreement is governed in all respects by applicable local, State, and Federal laws which shall supersede any provisions made in this Interagency Agreement to the contrary. Any provision effected will not negate the rest of the Interagency Agreement. In case any one or more of the provisions contained in this Interagency Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Interagency Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Exclusive venue is in Seattle, King County, Washington. ARTICLE XII EFFECTIVE DATE This Interagency Agreement shall be effective on October 1, 2016-and continue for one (1) years. Upon expiration of the two (2) years this Interagency Agreement shall automatically be renewed for one (1) additional year until such time as federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days' written notice delivered to both parties' as delineated in ARTICLE I TERM OF AGREEMENT. This Interagency may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Page 5 of 7 26 The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall not affect the Interagency Agreement with the remaining Affiliate Agencies. This Interagency Agreement can be amended or replaced in the event of new requirements under the national ICAC Task Force Program or as designated by law or other proper lawful authority. ARTICLE XIIIAMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. Page 6 of 7 27 WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE INTERAGENCY AGREEMENT EXECUTED BY The SEATTLE POLICE DEPARTMENT (SPD), a department of the City of Seattle, hereinafter referred to as "SPD ", Department Authorization Representative: Captain Michael Edwards PO Box 34986 Seattle WA 98124 -4986 .►1� The FEDERAL WAY POLICE DEPARTMENT, a department of the City of Federal Way, hereinafter referred to as "FWPD" Department Authorized Representative: Chief of Police Andy Hwang Federal Way Police Department 33325 8th Ave. S. Federal Way, WA 98003 In Witness Whereof, the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE DEPARTMENT Andy Hwang, Chief of Police Date: Page 7 of 7 28 SEATTLE POLICE DEPARTMENT Kathleen O'Toole, Chief of Police Date: AAA,tc�lmtvrl" A LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Internet Crimes Against Children Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Devised Update: -0cto er , -I4 - -- Page 1 of 17 29 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Table of Contents Definitionsof Terms ............................................................................ ............................... 3 1. Purpose of the ICAC Standards .................................................. ............................... 5 2. ICAC National Program ............................................................ ............................... 6 3. Oversight of the ICAC Program ................................................. ............................... 7 4. Selection and Retention of Task Force Members ....................... ............................... 8 5. Training ........................................................................................ ..............................9 6. Case Management ..................................................................... ............................... 10 7. Task Force Reporting Requirements to OJJDP ........................ ............................... 11 8. Investigations ............................................................................ ............................... 12 9. Work Environment .................................................................... ............................... 14 10. Victim Identification ................................................................. ............................... 15 11. Public Awareness and Community Outreach ........................... ............................... 16 12. Media Relations and Media Releases ....................................... ............................... 17 ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 2 of 17 30 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such, where any term defined below is capitalized in these Standards, the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards, the Standards are referring to that term as it is used generally in the field of law enforcement. "Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel" are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the DOJ. "Crime "_ is any offense (or group thereof) that involves (or involve) the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconflict" is a process whereby Members are able to submit Investigative information to each other and/or to ICAC - related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ" is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 3 of 17 31 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment" is any device or tool — including but not limited to computers, phones, and online accounts and services -- purchased or obtained for use in ICAO- related matters. "ICAO" is the Internet Crimes Against Children Program, a national program composed of state and regional Task Forces. "Images" are visual depictions in any form (image or video /printed or digital) of child sexual exploitation as defined by federal and/or state statute. "Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating" and "Investigative" are used within the same context. "Investigative Persona" — any identity established or created by an Employee to aid an Investigation. "Investigator" is a Member who is a part of the Sworn Personnel of a Task Force. "Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant and is designated by OJJDP to act as the lead agency for the corresponding Task Force. "Member" is a Lead or Affiliate Agency's employee who is either Sworn Personnel or Authorized Personnel and who has been designated to work on ICAC- related matters for his/her respective agency and Task Force. "National Initiative" is any proposal that relies on the cooperation and resources of a significant number of Task Forces and, accordingly, has been approved by OJJDP. "NCMEC "-is the National Center for Missing and Exploited Children. -- "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ. "Supervisor" is a Member who has been designated by his/her respective agency to supervise Investigations and other ICAC- related matters. "Standards" are all of the provisions of these, the ICAC Operational and Investigative Standards. "Sworn Personnel" are Members with powers of arrest. "Task Force" is the Lead Agency and its Affiliate(s) (combined) as designated by OJJDP for a particular state or region. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 4 of 17 32 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide administration and operation of ICAC and its Members when working on ICAC- related Investigations and matters. ICAC Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and laws vary widely between jurisdictions — their genesis; methods for their evidentiary pursuit; and their application within court — it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors (e.g., emergency situations; timing constraints; accessibility constraints; resource constraints; technology constraints; perceived conflicts between the Standards and statutes, decisional law, and court orders; etcetera). Should questions regarding the interpretation of these Standards arise or conflicts occur between these Standards and agency policies or law, the subject Commander faced with the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical decision - making. Commanders may supplement, but not contradict, these Standards in the written agreements they establish with their Affiliates to promote the effective operation of their Task Forces. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 5 of 17 33 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children Task Force Program (ICAO) helps state and local law enforcement agencies develop an effective response to technology - facilitated child sexual exploitation and Internet crimes against children. This support encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. 2.2 ICAC Background The Internet Crimes Against Children Program (ICAO) is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to online child victimization — including responses to child sexual abuse images (Images), The ICAC Program has increased law enforcement's capacity to combat technology facilitated crimes against children at every level. The ICAC Program was developed in response to the increasing number of children and teenagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC Members understand that arrests alone cannot resolve the problem of technology- facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 6 of 17 34 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Task Force Program and the administration of ICAC grants is the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency, both Lead and Affiliate, falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency receives a copy of the Standards. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental or Task Force employee assistance programs and services available to them. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 7 of 17 35 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior investigative experience, courtroom testimony skills, technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations and exposure to Images. When practicable, they shall attempt to mitigate the potential effects of the work using, for example, the following techniques: • Work environment considerations — Commanders and Supervisors are encouraged to provide a physical location for the work environment that allows the Investigator to conduct discreet Investigations. • Work flexibility — Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Images (e.g., frequent breaks, having an open -door policy, etc.). • Educating colleagues — Commanders and Supervisors are encouraged to teach their colleagues that the viewing of Images is serious and restricted. • Work with Mental Health Providers (MHP) — In compliance with their agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of Images. • Training -- Commanders and Supervisors are encouraged to share or seek out best practices for minimization of the impact of Images and to promote attendance at trainings regarding methods used to minimize said impact. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 8 of 17 36 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training 5.1 Carefully- managed Investigations conducted by well- trained Investigators are among the most effective techniques available to law enforcement for addressing Crime. 5.2 All national training curricula supported by ICAC resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.3 Commanders shall ensure that nominees to attend any ICAC- sponsored national in- person training are current Members. 5.4 Task Forces may develop and deliver Task Force training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force or Affiliate providing the Task Force training. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 9 of 17 37 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk, jurisdiction, known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 10 of 17 38 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi - annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP- designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the 10th of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit information on all cases referred for local, state, or federal prosecution. Information is required for all cases referred by the Lead Agency, as well as all Affiliates that received more than $20,000 a year in OJJDP ICAC funding, and any Affiliate the Commander selects to include. The case reporting requirement is ongoing and begins with the prosecutorial agency the case is referred to and continues through the final disposition of the case. 7.3.1 This ongoing quarterly report shall be submitted within 30 days of the end of the quarter. 7.4 Commanders shall compile and submit an annual report which details each of their Affiliates. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.4.1 The name of each Affiliate Agency. 7.4.2 The staffing level of each Affiliate including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. 7.4.3 This ongoing annual report shall be submitted within 30 days of the end of the calendar year. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 11 of 17 39 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and constitutional requirements. 8.2 Only Sworn Personnel shall conduct Investigations. 8.2.1 Authorized Personnel acting under the direction and supervision of Sworn Personnel may participate in Investigations. 8.2.2 Members shall not approve, condone, encourage, or promote cyber- vigilanteism by private citizens. As such, Members shall not use unauthorized private citizens to proactively seek out Investigative targets. 8.2.3 The above section (8.2.2) shall not preclude the use of information related to a Crime provided by victims or public citizens who discover evidence (e.g., CyberTip reports, mandated reports from professionals, computer repair shop complaints, parental complaints, et cetera). Nor does it preclude the use of authorized over -hears or other similar investigative methods designed to further an Investigation. 8.3 Investigations shall be documented. Any departures from this provision due to unusual or exigent circumstances shall be documented in the relevant case file and reviewed by the Supervisor. 8.3.1 The retention, storage, security, and disposal of Investigative or case information shall be consistent with the subject agency's policies and federal and state law regarding same. 8.3.2 Access to Investigative case files shall be restricted to Authorized Personnel. 8.4 Members shall not electronically upload, transmit, or forward any Images. 8.4.1 Section 8.4 shall not prohibit the transfer of evidence between Investigators as provided for by sections 8.9 and 8.10 of these Standards nor shall it prohibit the submission of Images to CVIP as provided for by section 10.1 of these Standards. 8.5 Visual depictions of any identifiable person used to represent an investigative persona or any identifiable minor, shall be only those of an Employee who has given his or her written consent and only if that Employee was at least 18 years old at the time of consent. Further, the depictions themselves may be of that Employee under the age of 18. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 12 of 17 40 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall allow the Investigative target to set the tone, pace, and subject matter of the online conversation 8.6.1 The above section (8.6) shall not be construed to prohibit Investigators from performing any of the following activities when initiating or conducting an Investigation: (a) posting information including visual depictions (image or video /printed or digital) to establish an online presence, (b) placing advertisements or posts, or (c) sending messages. 8.6.2 Members shall familiarize themselves with relevant state and federal law, including but not limited to those regarding the defense of entrapment, and should confer with relevant prosecutors for legal consultation, as needed. 8.6.3 Members planning large -scale (multi- target) operations shall advise the Commander and shall consult relevant prosecutors regarding the operation. 8.7 The examination of digital storage devices shall be performed consistent with the subject agency's protocol. 8.8 Images shall be maintained pursuant to the subject agency's policy. 8.8.1 Absent a court order specifically ordering otherwise, evidence containing Images shall not be released to any defendant or representative thereof. 8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions shall include: • Notification to and acceptance by the Commander(s) of both jurisdictions that are involved in the referral; • A secure (i.e., digitally - protected) copy of the case file; • An official Investigative report or affidavit containing case details; and, • Documentation, preferably the original, of all legal process conducted and all compliance with same, especially those documents related to the issue of jurisdiction and identification of suspect(s). 8.10 The transfer of evidence containing Images among law enforcement shall be done in a secure manner. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 13 of 17 41 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 9. Work Environment 9.1 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall be used in accordance with their respective agency's policies. 9.2 When practicable, Equipment which might be used in undercover aspects of an Investigation shall be purchased covertly. 9.3 No personally -owned Equipment shall be used in Investigations. 9.4 Software shall be properly acquired and licensed. 9.5 Investigations shall be conducted in an approved work environment as designated by a Commander or Supervisor. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 14 of 17 42 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 10. Victim Identification 10.1 Identifying child victims of Crime is a critical element of the ICAC Program. DOJ and OJJDP require the Lead Agencies and Affiliates to submit Images to CVIP as a means to improve child victim identification. Absent exigent circumstances, Images shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead Agencies and Affiliates are encouraged to collaborate with NCMEC in their effort to identify children depicted in Images. 10.2 Absent exigent circumstances, victim - identifying information shall be protected from public disclosure pursuant to the protections set forth in federal and state law. 10.3 Lead Agencies and Affiliates shall adhere to local, state, and federal laws regarding mandated reporting, victim notification, and victim assistance. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 15 of 17 43 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 11. Public Awareness and Community Outreach 11.1 Public awareness activities and community outreach are a critical component of ICAC. Lead and Affiliate Agencies shall foster awareness and shall provide practical relevant guidance to children, parents, educators, and others concerned with child safety. 11.2 Presentations to school. personnel, parents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss confidential Investigative techniques. 11.3 Members shall not endorse any product or service without the express written consent of an OJJDP Program Manager. While making public presentations, Members may indicate a preference for a product or service, but, where done, shall avoid an implicit endorsement and shall include alternatives in the presentation. 11.4 Materials and presentations shall be consistent with ICAC's mission and background, as enumerated in Section 2 of these Standards. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 16 of 17 44 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12. Media Relations and Media Releases 12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning ICAC operations shall not include information regarding confidential Investigative techniques, and shall be coordinated, when applicable, with the law enforcement agencies involved with the subject Investigations, in a manner consistent with sound information management and sound media relations practices. 12.2 Commanders and Supervisors may speak to members of the media about their own agency's ICAC - related activities per the terms of their agency's policy on such media relations. No individual affiliated with ICAC may speak on behalf of the national ICAC Program without the express written consent of OJJDP. 12.3 Commanders shall inform their OJJDP Program Manager if approached by national media outlets about the national ICAC Program (as opposed to media seeking information about local activities) so that a coordinated national response can be prepared by OJJDP. 12.4 Information provided by Task Forces to the media shall be consistent with ICAC's mission and background, as described in Section 2 of these Standards. End of ICAC Standards ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 17 of 17 45 This Page Left Blank Intentionally 46 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Drug Enforcement Administration Asset Forfeiture Sharing MOU and Stat and Local HIDTA Task Force Agreement POLICY QUESTION: Should the City of Federal Way /Federal way Police Department enter into an Agreement with the U.S. Department of Justice, Drug Enforcement Administration to continue efforts to stop the trafficking of narcotics and dangerous drugs COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 13, 2016 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other - STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department Attachments: 1. PRHS &PS Committee Memo 2. Drug Enforcement Administration MOU 3. State and Local HIDTA Task Force Agreement — Appendix F 4. U.S. Department of Justice — Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. Options Considered: 1. Accept the DEA Agreement 2. Reject the DEA Agreement MAYOR'S RECOMMENDATION: 1 Accept the Drug Enforcement Administration MOU and HIDTA Task Force Agreement MAYOR APPROVAL: DIRECTOR APPROVAL: C m ounci f� 714 Initial CHIEF OF STAFF: Com ' ee Council COMMITTEE RECOMMENDATIOI: "I move to forward the Drug Enforcement Administration MOU and State and Local HIDTA Task Force Agreement between the City of Federal Way / Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration to the September 20, 2016 Council consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Drug Enforcement Administration MOU and State and Local HIDTA Task Force Agreement between the City of Federal Way / Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration, and authorize the Chief of Police to execute said Agreements. " 47 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 # 48 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 13, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration Enforcement (DEA) HIDTA Task Force Agreement Narcotics and dangerous drugs have a detrimental effect on the health and well -being of not only the Citizens in Federal Way, but all people throughout Washington and beyond. The US Department of Justice, Drug Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and dangerous drugs. The Valley Narcotics Enforcement Team (VNET) was established to create and maintain a multi - jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. This Agreement designates the equitable sharing which the law enforcement participating agencies must acknowledge. In reference to Appendix F, the Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on February 8, 2010 and FWPD entered into an Agreement with the State and Local HIDTA for the reimbursement of overtime for the Officer. The attached appendix F - is a continuation of our efforts to control the trafficking of drugs. This Agreement is effective October 1, 2016 through September 30, 2017 and reimburses FWPD for the Officer's overtime up to $17,753.00. 49 Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1St day of October 2016, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA "), and the Federal Way Police Department (hereinafter "FWPD "). 1. The police agencies participating in the DEA Sea Tac HIDTA Task Force Group D -22, hereby agree to the following terms and conditions of this Memorandum of Understanding ( "MOU ") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ( "DOJ ") Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department 1 TFO Port of Seattle Police Department 1 TFO Renton Police Department 1 TFO Seattle Police Department 1 TFO Tukwila Police Department 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion -of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre - arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team shall receive 80% * *The equitable sharing will be disbursed per the agreed upon MOU signed by all the parent agencies participating in the Valley Narcotics Enforcement Team Task Force. 50 3. Participants understand that if a non -MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non -MOU agency C receives 10% based upon their contribution, then the MOU Participants' pre - arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20 %. 5. Participants further understand that the federal decision - makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: Keith Weis Special Agent in Charge For the Federal Way Police Department: Andy Hwang Chief of Police 2 51 Date: Date: Appendix F STATE AND LOCAL HIDTA TASK FORCE AGREEMENT This agreement is made this first (1S) day of October 2016, 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 DEA SeaTac HIDTA Task Force (Group D -22), the FWPD agrees to detail one (1) experienced officer(s) to the DEA SeaTac HIDTA Task Force (Group D -22) for a period of not less than two years. During this period of assignment, the FWPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The FWPD officers 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 officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 52 5. To accomplish the objectives of the DEA 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 six (6) 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 DEA SeaTac HIDTA Task Force (Group D -22), the FWPD will remain responsible for establishing the salaries and benefits, including overtime, of the FWPD officers assigned to the task force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the Federal Way Police Department for overtime payments made by it to the FWPD officers assigned to the DEA 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 $17,753.00, 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 Federal Way Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The Federal Way Police Department 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 Federal Way Police Department 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 Federal Way Police Department 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. The Federal Way Police Department 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 53 FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or proj ect. 13. The FWPD understands and agrees that HIDTA will provide the DEA 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 officers 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, 2017. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by Federal Way Police Department during the term of this agreement. -For the Drug Enforcement Administration: Name: Keith R. Weis Title: Special Agent in Charge (SAC) For the Federal Way Police Department Name: Andy Hwang Title: Chief of Police 54 Date: Date: 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 (Nonpro- curement) 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 in- fluencing 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 con- nection 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 at- tempting 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 cer- tification 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. 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 prospec- Tive 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 debar- ment, 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 applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud of a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a 55 OJP FORMS 4061/2, 406113 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 applica- tion 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; (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 state -ment required by paragraph (a); (d) Notifying the employee in the statement required by para -graph (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 convic -tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- Ification 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 enforce- ment, 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). 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) SeaTac HIDTA Task Force (Group D -22) 3005 1h Ave, Suite 1300 Seattle, WA 98104 C h eck :_ if there are workplaces on file that are not indentified 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 ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. HSISIM 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, posses -sion, 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 NW., Washington, DC 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: Federal Way Police Department k 33325 8t" Ave South Federal Way, WA 98003 2. Application Number and /or Project Name DEA SeaTac HIDTA Task Force (Group D -22) 4. Typed Name and Title of Authorized Representative Andy Hwang, Chief of Police – Federal Way Police Department 5. Signature T.S. Government Printing Office: 1996 - 405 -037/40014 3. Grantee IRS/Vendor Number 6. Date COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 TARGET COMMUNITY ENGAGEMENT FUNDS GRANT POLICY QUESTION: Should the City of Federal Way apply for the $1,500 2016 Target Community Engagement Funds Grant? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 9/13/16 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CRIME ANALYST/PREVENTION COORDINATOR ROY DEPT: Police Attachments: 1. PRHS & PS Memo Options Considered: 1. Accept Proposal _ 2. Reject Proposal _ – - - - - -- — _......-------- - MAYOR'S RECOMMENDATION: #1- Apply for the 2016 Target Corporations Community Engagement Funds Grant and accept is awarded. MAYOR APPROVAL: CHIEF OF STAFF: Ad' C APPROVAL: Initial COMMITTEE RECOMMENDATION: "I move to forward the request to apply for the $1,500 Target Corporation Grant for the Federal Way Police Department's Crime Prevention program, to the September 20, 2016, City Council consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the request to apply for the $1,500 Target Corporation Community Funds Grant for the Federal Way Police Department's Crime Prevention Program and authorize Chief of Police, Andy Hwang, to accept said Grant if awarded. " (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 # 57 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 13, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: 2016 Target Community Engagement Funds Grant Background Based on the Federal Way Police Department's outstanding work in the community, Target has invited the Federal Way Police department to apply for a $1,500.00 grant. Proposal The Federal Way Police Department's Police Officers and Crime Prevention Unit often attend community and school events. At these events Crime Prevention Personnel provide crime prevention information in the form of brochures and fliers. As the budget allows, the Crime Prevention Unit also hands out fun materials with crime prevention information or police contact information. If approved this grant would be used to purchase police badge tattoos, pencils & magnets with the police department's non - emergency phone number, and Halloween safety materials. Officers and Crime Prevention personnel will hand these fun items out to kids and adults. Kids and adults are very appreciative of these items and handing them out promotes positive interactions between the police department and members of our community. The Target Corporation invited the Federal Way Police Department to apply for this $1,500 grant. There are no reporting requirements for this grant. I propose we accept the funding from the Target Corporation. 58 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS ASPHALT TRAIL REPAIRS POLICY QUESTION: Should the City accept the bid results for SWR16 -001; Parks asphalt trail repairs, and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: 9/13/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd _ Deputy Parks Director DEPT: Parks Attachments: 2016 Parks Asphalt Trail Repair Bid Memo for SWR16 -001 Options Considered: 1. Authorize a bid award for asphalt trail repairs in the amount of $145,488.18 which includes 10% contingency to Tony Lind Paving and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for asphalt trail repairs to Tony Lind Paving and provide direction to staff._ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: .. Gal fl/ �1 DIRECTOR APPROVAL: Commi a ouncil Initial/Date Initia ate jj Initial/Date CHIEF OF STAFF: C?Trqiufe Council Initia ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for asphalt trail repairs in the amount of $145,488.18 to Tony Lind Paving and authorize the Mayor to execute said agreement and forward to the September 20, 2016 Full Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for asphalt trail repairs in the amount of $145,488.18 to Tony Lind Paving and authorize the Mayor to execute said agreement. " 6T] (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— 1/2015 RESOLUTION # 6T] CITY OF t. Federal Way Parks Department Date: Sept 2, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Parks Asphalt Trail Repair SWR16 -001 Background: Staff solicited bids for repairs to root damaged asphalt paths in 7 locations: West Campus Trail, Sacajawea, Saghalie, Olympic View, Steel Lake, Mirror Lake and Heritage Woods. This bid includes removal of the damaged section of asphalt, roots and installing new asphalt per industry standards. Staff sent request for bids to 18 companies from the MRSC roster. Three (3) companies responded by submitting the following bids: 1. Tony Lind Paving $132,261.98 additional sq. ft. rate @ $56.15 2. Asphalt Patch Systems $182,995.71 additional sq. ft. rate @ incomplete 3. AA Asphalt LLC. $229,725.54 additional sq. ft. rate @ $98.55 Recommendation: Staff evaluated the responses to this RFB, checked references and recommends awarding the bid to the lowest responsible bidder; Tony Lind Paving. The Public Works Department has prior positive experience with this contractor, and other references indicate they performed well. Financial Summary: $132,261.98 — Contract award amount. 13,226.20 — 10% contingency. $145,488.18 — Total Council approval request. Note: Expenditures for this type of repair work will be funded from the Major Maintenance CIP account. .1 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EASTERN STATES PAVING, INC. RETAINAGE RELEASE POLICY QUESTION: Should the Council accept the contract with Eastern States Paving, Inc. as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks Deputy — Director DEPT: Parks - - -- ........_....._ ............. ......-- ..._— ......_....._._... _ _..._.. _— - - - - -- . _ .._..._.... _..._..._._..._...._. - -... -- - - - -- ..__... ---- . - -. - -- - - - -- History: The City contracted with Eastern States Paving, Inc. to install Bandshell pavers at Town Square Park in the amount of $41,095.35. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Retainage amount held: $41,095.35 Bandshell paver installation; 5% retainage held from the project before tax = $1,876.50 Options Considered: #1 - Accept the Eastern States Paving, Inc. contract as complete and release their $1,876.50 retainage. #2 - Do not accept the contract as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: Council 'IwM APPROVAL: Initial COMMITTEE RECOMMENDATION: 1 move to forward the acceptance of the Eastern States Paving, Inc. contract as complete and forward the authorization of staff to release their $1,876.50 retainage to the full Council September 20, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Eastern States Paving Concrete, Inc. contract as complete and authorize staff to release their retainage in the amount of "$1,876.50 ". (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 # 61 This Page Left Blank Intentionally 62 COUNCIL MEETING DATE: September 20, 2016 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA, INC. RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the playground safety surface at Town Square Park by Fieldturf USA, Inc. as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director _ DEPT: Parks History: The City worked with Fieldturf USA, Inc. through KCDA to install the playground safety surface at Town Square Park in the amount of $90,040.68. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $90,040.68 — installed play structures; 5% Retainage held from this project amount. = $4,111.45 Options Considered: 1. Accept the installation of the playground safety surface as complete and release $4,111.45 Retainage to Fieldturf USA, Inc. .............. 2. Do not accept the work as complete, and provide direction to staff. _ ... __._._....._..._ ............ _..._____._._,_._.._...._._. MAYOR'S RECOMMENDA.MON: Option 1 MAYOR APPROVAL: ` � -01 DIRECTOR APPROVAL: ezSll ommi ee Council !!! ommittee CHIEF OF STAFF: tv�' 0 */' " Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Fieldturf USA, Inc. installation of the playground safety surface at Town Square Park as complete and forward the authorization of staff to release their $4,111.45 Retainage to the September 20, 2016 City Council consent agenda for approval. Susan Honda, Chair Dini Duclos, Member Martin Moore, Member PROPOSED COUNCIL MOTION: "I move to accept the installation of the playground safety surface at Town Square Park as complete and authorize staff to release Retainage in the amount of $4,111.45 to Fieldturf USA, Inc. " (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 # 63 This Page Left Blank Intentionally 64 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LANDSCAPE STRUCTURES, INC. RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the ZipKrooz and Oodle Swing at Town Square Park by Landscape Structures, Inc. as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: u Ste hen Ikerd, Deputy Director DEPT.: Parks - -- - -- -- - - -. .- --- ...__._. _._ ..... -- - -- ._...... - -- -... ----------.-. ......-- ......- __- ..- .- ..... - -- - - - - - -- - -- -- - - - - - -- History: The City worked with Landscape Structures, Inc. through KCDA to install the ZipKrooz and Oodle Swing at Town Square Park in the amount of $39,245.81. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure. Summary: $39,245.81— installed play structures; 5% Retainage held from this project amount. = $1,792.05 Options Considered: 1. Accept the installation of the ZipKrooz and Oodle Swing as complete and release $1,792.05 Retainage to Landscape Structures, Inc. 2. Do not accept the work as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: V 6 tAQ",1 /11'1+ G DIRECTOR APPROVAL: Z%1 7`ommittee COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Landscape Structures, Inc. installation of the Zipkrooz and Oodle Swing at Town Square Park as complete and forward the authorization of staff to release their $1,792.05 Retainage to the September 20, 2016 City Council consent agenda for approval. Susan Honda, Chair Dini Duclos, Member Martin Moore, Member PROPOSED COUNCIL MOTION: "I move to accept the installation of the ZipKrooz and Oodle Swing at Town Square Park as complete and authorize staff to release Retainage in the amount of $1,792.05 to Landscape Structures, Inc. " (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 65 RESOLUTION # This Page Left Blank Intentionally COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NORTHWEST PLAYGROUND EQUIPMENT, INC. RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the Activo Bambino and Spring Toys at Town Square Park by Northwest Playground Equipment, Inc. as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks History: The City worked with Northwest Playground Equipment, Inc. through KCDA to install the Activo Bambino and Spring Toys at Town Square Park in the amount of $32,131.34. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $32,131.34 — installed play structures; 5% Retainage held from this project amount. = $1,467.18 Options Considered: 1. Accept the installation of the Activo Bambino and Spring Toys as complete and release $1,467.18 Retainage to Northwest Playground Equipment, Inc. 2. Do not accept the work_ as complete, and provide direction to staff. -_ ... ................... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: i JL DIRECTOR APPROVAL: IG( f �� Cam itte Council Committee CHIEF OF STAFF: l (w )&f im Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Northwest Playground Equipment Inc. installation of the Activo Bambino and Spring Toys at Town Square Park as complete and forward the authorization of staff to release their $1,467.18 Retainage to the September 20, 2016 City Council consent agenda for approval. Susan Honda, Chair Dini Duclos, Member Martin Moore, Member PROPOSED COUNCIL MOTION: "I move to accept the installation of the Activo Bambino and Spring Toys at Town Square Park as complete and authorize staff to release Retainage in the amount of $1,467.18 to Northwest Playground Equipment Inc. " (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) 67 ORDINANCE # REVISED - 08/12/2010 RESOLUTION # . This Page Left Blank Intentionally COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: METRO GROUP, LLC RETAINAGE RELEASE POLICY QUESTION: Should the Council accept the contract with Metro Group, LLC as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ste p.. hen Ikerd � Parks De u _Director DEPT: Parks - ._..._....- ........... - .._...---- ..... ..- - - -- ._ ..._._...._..........__.._.p._ .....__._.._.. -- — - - - - - - -- - - -- History: The City contracted with Metro Group, LLC to install the lighting on the trail loop and parking lot at Town Square Park in the amount of $93,690.44. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Retainage amount held: $93,690.44 - installed lighting; 5% retainage held from the project before tax = $4,278.10 Options Considered: #1 - Accept the Metro Group, LLC contract as complete and release their $4,278.10 retainage. #2 - Do not accept the contract as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: l DIRECTOR APPROVAL: J-�iS��G Cc ittee Council rp Initial CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Metro Group, LLC contract as complete and forward the authorization of staff to release their $4,278.10 retainage to the full Council September 20, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Metro Group, LLC contract as complete and authorize staff to release their retainage in the amount of "$4,2 78. 10 ". 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 # 69 This Page Left Blank Intentionally 70 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMERICAN GUARANTEED ROOFING & CONSTRUCTION RETAINAGE RELEASE POLICY QUESTION: Should the Council accept the contract with American Guaranteed Roofing & Construction as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Parks Deputy Director DEPT: Parks History: The City contracted with American Guaranteed Roofing & Construction to Build the restroom and picnic shelter at Town Square Park in the amount of $329,304.99. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Retainage amount held: $329,304.99 Build the restroom & picnic shelter; 5% retainage held from the project before tax = $15,036.75 Options Considered: 1. Accept the American Guaranteed Roofing & Construction contract as complete and release their $15,036.75 retainage. 2_ Do not accept the contract as complete, and provide direction to staff._ MAYOR'S RECOMMENDATION: Option I MAYOR APPROVAL: Q DIRECTOR APPROVAL: mmitt 407 To4ncilf , /(� Initial CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the American Guaranteed Roofing & Construction contract as complete and forward the authorization of staff to release their $15,036 75 retainage to the full Council September 20, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the American Guaranteed Roofing & Construction contract as complete and authorize staff to release their retainage in the amount of "$15,036 75 ". (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 71 RESOLUTION # This Page Left Blank Intentionally 72 COUNCIL MEETING DATE: September 20, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GLOBAL CONTRACTORS, LLC RETAINAGE RELEASE POLICY QUESTION: Should the Council accept the contract with Global Contractors, LLC as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS MEETING DATE: Sept. 13, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business E] Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Parks Deputy Director DEPT: Parks History: The City contracted with Global Contractors, LLC to install the pervious concrete trail loop at Town Square Park in the amount of $77,991.38. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Retainage amount held: $77,991.38 Pervious concrete trail loop installation; 5% retainage held from the project before tax = $3,561.25 Options Considered: #1 - Accept the Global Contractors, LLC contract as complete and release their $3,561.25 retainage. #2_ Do not accept the contract as complete, and provide direction to_staff. — _ __ ... ...... .... –._ ............ -- ..... _ ...... __...... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: -� x *m? IRECTOR APPROVAL: zSI�G om i ee Initial CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Global Contractors, LLC contract as complete andforward the authorization of staff to release their $3,561.25 retainage to the full Council September 20, 2016 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Global Contractors, LLC contract as complete and authorize staff to release their retainage in the amount of "$3,561.25 ". 73 (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 # 73