Council PKT 09-20-2016 Regular CITY OF
� Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
September 20, 2016 — 7:00 p.m.
www.cityoffederalwa v.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proposed King County 2017/18 Solid Waste Disposal Fees—Meg Moorehead, King
County Strategy, Communications& Performance Manager
b. Mayor's Emerging Issues and Report
• Performing Arts and Event Center Public Art—Finalists(T. Yvonne)
• Mayor's Day of Concern Food Drive Recap(J. Watson)
• Pacific Highway S—Phase V Project Update (M. Salloum)
• Federal Way's Farmers Market Chili Cook-off on September 24th(11:30—2pm)
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval;all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: September 1, 2016 Study Session Minutes; September 6, 2016 Special and
Regular Meeting Minutes ...page 3
b. 2016/2017 Diversity Commission Work Plan ...page 20
c. First Amendment to Cedar Building Services, Inc. ...page 26
d. Interagency Agreement between WA State ICAC Task Force Acting through the City of
Seattle Police Department and Federal Way Police Department ...page 31
e. Drug Enforcement Administration Asset Forfeiture Sharing MOU and Local HIDTA
Task Force Agreement ...page 58
f. 2016 Target Community Engagement Funds Grant ...page 68
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers
are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government
Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
g. Parks Asphalt Trail Repairs ...page 70
h. Eastern States Paving, Inc. Retainage Release ...page 72
i. Fieldturf USA, Inc. Retainage Release ...page 73
j. Landscape Structures, Inc. Retainage Release ...page 74
k. Northwest Playground Equipment, Inc. Retainage Release ...page 75
I. Metro Group, LLC. Retainage Release ...page 76
m. American Guaranteed Roofing and Construction, Inc. Retainage Release ...page 77
n. Global Contractors, LLC Retainage Release ...page 78
o. Steel Lake Park to Downtown Trail — 30% Design Status Report ...page 79
p. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project—
100% Design Status Report and Authorization to Bid ...page 81
q. Pete von Reichbauer Way S (20th Ave) and S 316th Street Sidewalk Replacement
Project— Project Acceptance ...page 83
6. COUNCIL BUSINESS
a. Mayor submits 2017-2018 Biennial Budget to Council ...page 85
b. Youth Commission Appointments ...page 87
c. Demolition of Structures at 36818 8th Ave S—Authorization to Bid ...page 88
7. COUNCIL REPORTS
8. EXECUTIVE SESSION
• Potential Litigation pursuant to RCW 42.30.110(1)(i)
• Collective Bargaining pursuant to RCW 42.30.140(4)(b)
• Property Acquisition pursuant to RCW 42.30.110(1)(b)
• Evaluate Qualifications of an Applicant for Public Employment pursuant to RCW
42.30.110(1)(g)
•
9. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers
are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government
Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes from the September 1,2016 City
Council Study Session, and the September 6,2016 Regular and Special City Council Meetings?
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney,City Clerk DEPT: Mayor's Office
Attachments:
Draft minutes from the September 1, 2016 City Council Study Session; and the September 6, 2016 Regular and
Special City Council Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION:N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council Wral
CHIEF OF STAFF: N/A N/A
Committee Council
COMMITTEE RECOMMENDATION:N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED-1/2015 RESOLUTION#
Federal Way
CITY COUNCIL
STUDY SESSION MINUTES
Council Chambers - City Hall
September 1, 2016 — 7:00 p.m.
www. cityoffederalwa y. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the Study Session to order at 7:06 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Mark Orthmann, and City
Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. STUDY SESSION - Application Review Processes for the IRG Property
Mayor Ferrell and the Council discussed the possibility of amending Council Rules of Procedure to
reduce the three minute allotment of time due to the large number of public comments. Per Council
discussion no change was made.
• Staff Presentation — Mark Orthmann, Acting City Attorney
Acting City Attorney Mark Orthmann gave an overview of zoning and concomitant agreements in
general, the Weyerhaeuser Company Concomitant Pre -Exit Annexation Zoning Agreement, and the
process city uses to review and grant or deny development applications. When discussing the
processes of the city review an outline of timing and public input opportunities was outlined.
Chief of Staff Brian Wilson provided information regarding the efforts of the Mayor's Office, Council,
and city staff after Weyerhaeuser's announcement in October of 2014 that they were going to leave
Federal Way and sell their property as well as after the sale announcement in February of 2016.
Tom Messner, Vice President of Industrial Realty Group (IRG), gave a presentation discussing the
property and attempted to share their vision /objective for the project. He indicated that they plan to
rejuvenate the headquarters building and also develop portions of the 300 acres (Preferred Freezer is
4.4% of the available land). He also introduced the development team: ESM Consulting, Talasaea
Consultants, GeoEngineerrs, Transportation Engineering Northwest, Collins - Woerman, and
McCullough Hill Leary.
Federal Way City Council Study Session Minutes Page 1 of 7
September 1, 2016
R.J. Burton, Vice President of Victory Unlimited, provided a brief presentation regarding the Preferred
Freezer project and discussed construction of other Preferred Freezer building in the nation and
through Washington State. He introduced Mr. Brian Beatty, President of Preferred Freezer Services
who explained what Preferred Freezer is and their desire to be good neighbors. He shared that Orca
Bay Seafood is a local company that wants to provide a quality product while also adding to the
community.
4. CITIZEN COMMENT
H. David Kaplan, spoke in concern regarding earthquakes and what measures the applicant has
taken to mediate this concern. He also asked for a tree retention plan be submitted and feels the city
should require an environmental impact statement.
Rick Aramburn, Attorney representing the North Lake Improvement Council feels the priority of the city
should be the community and not jobs. He also feels this project has been "marketed" this evening
rather than presented. The binding nature of the 1994 concomitant agreement will be challenged and
he is asking the Council to adopt a moratorium to study these issues.
Simone Perry, member of the group "Save Weyerhaeuser Campus" and Northlake Neighbors, is
concerned over introducing a more realistic estimate of over 200 truck trips a day, not the 50+ which
has been stated.
Lori Sechrist, thanked city staff and council for study session and is hopeful the city does not turn over
our greatest resource. She urged a moratorium to allow for time to research issues such as the
legality of the 1994 agreement.
Richard Pierson, appreciates the meeting tonight and has lived in here for many years. He formally
submitted comments before the deadline regarding the project. He feels there were questionable
decisions made to allow this and asked for a moratorium
Koorus Tahghighi, is concerned with the zoning of the property and the industrial use. He asked the
Council to protect the community and the campus. He also asked about current and future capacities
of drainage, public roads and public utilities.
Julie Cleary, is very concerned about the neighborhood and feels this proposal is not the highest use
of the property. She questioned the legality of the 1994 agreement and hopes this is not a done deal
as this is an industrial development that does not belong in this area. She asked Council to consider a
moratorium.
Ron Beckerdite, thanked Council for the Study Session, however feels it is about 9 months late. He
submitted a written comment within the comment period for the project. He lives on North Lake and
loves the nature and wildlife on his property.
Margaret Nelson, spoke over concern of buffers and lack of buffers. She reviewed the plans and feels
the Orca Building will be up on a hill and be visible from the Weyerhaeuser campus and the iconic
views.
Julianne Patterson, Washington Trust for Historic Trust Preservation, feels there has been a lack of
attention regarding the historical element of this property on the SEPA evaluation.
Brooke Best, Preservation District in Seattle /King County, submitted written comments on the project
prior to the deadline. She is also concerned with the historical aspect of this property and the historic
Federal Way City Council Study Session Minutes Page 2 of 7
September 1, 2016
value the Weyerhaeuser campus as it has received national recognition for the building. She is
requesting a full EIS on this project with comprehensive analysis.
Larry Flesher, requested the Council re- evaluate the impact studies.
Jean Parierti, longtime resident feels this project does not meet the intention of the Council who
approved the 1994 concomitant agreement. She visited the State Archivist and reviewed the records.
She requested a master plan and a moratorium.
Leah Boehm Brady, represents the 320th neighbors and requested a moratorium. She cares what
happens to this treasure, including the trail system and wildlife which will be affected.
Geoffrey Hastings, requested a moratorium. When the property was sold, citizens were told it would
be developed as a part of the vision of Federal Way. This project will only bring low paying jobs and
not more desirable high tech jobs.
Mary McClellan Aronen, North Lake and all the surrounding property is part of the North Lake Water
Shed. She is concerned with this project and its effects on the tributaries that flow into the Hylebos
watershed. She is calling for a moratorium and a complete environmental assessment.
Lynn Naumann, feels this is a unique and pristine area that is now on the chopping block. IRG is
attempting to piece meal this property into pieces; she asked for a full EIS and comprehensive
development plan.
Norm Fiess lives just outside the city limits near the property and has seen the traffic increase. He
feels this growth is not planned and well thought out, and the campus is being cut and sold off in
pieces. He does not agree with decisions being made and asked for a 6 month moratorium.
Vicki Kirchner, 21 year resident and spoke on behalf of World Vision who has concerns with this
project including traffic impacts to their employees and tenants in the area. She is requesting a
moratorium until concerns are addressed.
Dennis Forsyth, stated this is not an industrial zone. This proposed building will stand in contrast to
the iconic Weyerhaeuser campus as will be bleak, cold, and unattractive.
Diana Noble Gulliford, Spoke on behalf of the Historical Society about the historical significance of the
Weyerhaeuser Headquarters building.
DeeAnna Escobedo, Auburn resident is an advocate of jobs but not at the expense of our
environment. She is also concerned with water quality and environmental issues.
Jana Van Amburg (written comments) feels this is not responsible development and is against
industrial zoning.
Elizabeth Kari, is concerned that the city is not being honest. She discussed a Federal Way Mirror
article and suggested that city and regional officials knew more of this proposal than they have stated.
Rod Lealand, was the facilities director for 34 years for the Federal Way School District and currently
lives on Lake Kilarney. He shares the concerns expressed tonight. He has worked with the city on
various projects during his employment and is asking for the same treatment as equal partners on this
project. He feels the city and the citizens have a shared interest.
Cherisse LeProuse, grew up in and currently lives in Federal Way, where she raises her family. She
Federal Way City Council Study Session Minutes Page 3 of 7
September 1, 2016
does not feel manufacturing and processing should be allowed in this zone. She is urging Council to
enact a moratorium to study this issue further.
Kelly LeProuse, longtime resident of Federal Way, feels this type of development will not enhance the
community. He references the 2013 Parks, Recreation and Open Space Plan and the Growth
Management Plan; he encouraged the development of open space.
Samuel Jones lives on Lake Killarney and drives daily through the Weyerhaeuser woods. He
shared that the legacy of Weyerhaeuser and the spirit of the community is as important as money
and that the Council needs to protect it as well.
Bruce Honda (Written Comments) noted concerns over comments made by a Councilmember at a
community event. He feels as a long term employee, Weyerhaeuser would not have developed the
property if it had not been sold.
Cindy Flanagan, of the Rainer Audubon Society is asking Council to protect the Weyerhaeuser
campus. Critical areas are being affected with this project and questioned the 1994 agreement. She
asked about the buffers and requested the city view the property as one area and not six separate
parcels.
Brian Smith, thanked the Council for the study session. He noted all the citizens have the same
comments against this proposal. He feels this project is not what the city needs and the jobs created
are not the jobs the city needs. This area is a gem for our community, he asked the Council to have a
vision for the future.
Debra Kraft, resident who has medical practice in Federal Way who opposes the plant. This is the
last wild natural area in Federal Way and needs to be preserved — especially the Rhododendron
Garden and the Bonsai Garden.
Richard Gilbert, lives in West Federal Way near Dash Point State Park. He is opposed to the project.
He specifically addressed noise issues and the mischaracterization of the Tech Center as currently
being industrial.
Anna Biryukova feels strongly this area is not appropriate for an industrial fish processing plant. She
does not want Federal Way to become like industrialized Renton.
Tony Armstrong met George Weyerhaeuser and he noted this application would be laughable to him
and is also contrary to Puget Sound Regional Council; he suggested this proposal be rejected.
Marianne Moore (written comments) called for a moratorium on development of the former
Weyerhaeuser campus due to traffic, pollution, and destruction of environmentally sensitive areas.
Joann McGovern (written comments) questioned controls of prime property, and feels this property
deserves preservation and does not agree this project is considered light manufacturing; she urged a
moratorium.
Jerry Graham (written comments) does not feel this is the appropriate zone for this project.
Greg Caudill (written comments) opposed to the development of a fish processing plant, and feels
real estate values will suffer.
Rhiannon Auree (written comments) asked Council to save the open space and trees for future
Federal Way City Council Study Session Minutes Page 4 of 7
September 1, 2016
generations.
Jacqueline Moore (written comments) is against the project which will increase traffic, noise and
destruction of native enviornments.
Bill Bowman (written comments) asked for clarification on the zoning the city granted Weyerhauser.
Jean Matthew (written comments) disappointed in this project which will not benefit the community.
Ron Lepesky (written comments) concerned with traffic and land use impacts.
Ann Hardviche (written comments) is strongly against the proposal and feels the property is a great
gift to the city providing walking trails and open spaces. She is concerned what consequences will
come in the form of erosion, and depletion of the ground water aquifer.
Betty Taylor, believes in public comment and would like to see the media present. She feels Federal
Way is not the place for a "fishery" and this will be a negative impact on Federal Way. She also is
concerned the citizens are the last to know about projects.
Jon Lindeuaner requested an Environmental Impact Study (EIS) be conducted and believes the
piecemeal application is the applicants way of getting around such requirements. He shared that the
only reason the wetlands could be considered seasonal is due to the fact that they are pumped
consistently through the year.
Lisa Johnson, thanked Mayor and Council for staying late for this meeting. She noted there have
been many good points and questioned the cutting of the fish and the remaining food products and
cleaning of the facility.
Kenneth Light has lived on Lake Killarney for over forty years and questioned the integrity of the
Council. He has watched the development on this land since Luther Land and believes promises
have been broken.
David Thomsen shared his experiences in this region since the mid - eighties.
Ron Lepeska, (written comments) is concerned with traffic and land use impacts.
Suzanne Vargo is very concerned as her family worked for Weyerhaeuser and she has walked the
trails for 15 years. Weyerhaeuser has nothing to do with the decision or this project. She is also
concerned with the new ramp in the area which already added extra noise, traffic and pollution of the
area. She is discouraged there was a meeting for the refinery in Tacoma and not for this project.
Walter Brooks (written comments) feels the property should be re- purposed for a major educational
institution.
Marc Verzam, concerned with the term "Auxiliary use ". He feels there is no common sense being
applied to the project.
Jeff Recor owns a trucking company and feels the estimate should be over 200 trucks in a 24 hour
period. He is also concerned over where these trucks will stage or wait; creating a conga line of semi -
trucks. He encourages the Council to carefully consider and reject the proposal.
Erin Smith Abordara (written comments) concerned over development on the former Weyerhaeuser
campus and noted the building has won many awards and the area is already a traffic check point.
Federal Way City Council Study Session Minutes Page 5 of 7
September 1, 2016
Katherine Hinkle (written comments) concerned over additional semi - trucks in this area and increase
traffic congestion.
Ken Christensen (written comments) requested a full environmental SEPA review with impact
statements.
Paula Bae Renwod, 18 year resident that also wants to look at the cumulative effect of development
and the impact the noise will have on the animals.
Michael Hemphill, with the Andover Company and has been given an assignment by IRG to find
tenants for the tech center. IRG is doing their best to back fill tech center with great tenants and to
find great corporate citizens.
Peggy Mays Johnson (no comment sheet filed) has been involved in politics and environmental
causes since 1968 and has attended many meetings. She has never heard such a high level of
discourse and applauded the citizens.
Council Discussion /Questions:
Councilmember Maloney thanked the residents for speaking and appreciates their time for such an
important issue and landmark property in our community. She noted the Council has been told they
have no legal authority in this process. She also noted she is concerned the Council was notified late
in this process; and she was not aware of the 1994 agreement prior to this project.
Councilmember Duclos also thanked the citizens for their comments tonight and asked what role the
Council has in this process.
In response, Acting City Attorney Mark Orthmann noted a Process IV would go directly to the Hearing
Examiner. This project falls under Process III which goes to the Community Development Director first
with any appeals being heard by the Hearing Examiner. He clarified Council cannot take action on
approval or denial any permit in this circumstance.
Mayor Ferrell stated this Study Session was called per Council Rules by two Councilmembers. The
purpose of the meeting was to give citizens the opportunity to provide comments on the project and to
provide a clarified legal framework of the process. No action can be taken at a Study Session; he
noted the next regular City Council meeting will be on Tuesday, September 6th at 7:00 p.m. Mayor
Ferrell also cautioned this application has already been filed and deemed complete; and deserves
equal treatment under the law.
Councilmember Honda also spoke to the decision to call the Study Session. She felt the need to hear
from concerned citizens and did not want to wait until the next regular meeting. Under Council Rules,
the Study Session was the best option to provide citizens with the opportunity to make comments.
Councilmember Moore appreciates all the comments and will continue to ask questions.
Councilmember Koppang was concerned. with setting up false expectation; however he feels it is
important to continue communication. He noted all comments are being read and responded to and
the amount of comments tonight reinforces the issue of concern.
Councilmember Assefa- Dawson thanked everyone who spoke tonight and that this meeting has
provided the citizens with a platform to not only speak to the Council, but the developers in the room.
She is looking for a win -win situation; and thanked everyone for the comments and education on the
project and the property.
Federal Way City Council Study Session Minutes Page 6 of 7
September I, 2016
Councilmember Honda noted the next council meeting is next Tuesday, September 6th. She hears
and sees the anger and frustration, and knows the importance of the Weyerhaeuser property to the
community and especially to her family.
Councilmembers noted they appreciate the comments and will continue to hear comments and be
responsive; as they continue to work on the behalf of the community.
5. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Study Session at 11:26 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Study Session Minutes Page 7 of 7
September 1, 2016
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
September 6, 2016 — 5:30 p.m.
www cityoffederal wa y. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the Special Meeting to order at 5:32 p.m.
ORA
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Mark Orthmann, and City
Clerk Stephanie Courtney.
2. EXECUTIVE SESSION
At 5:32 p.m. the Mayor announced the Council would be recessing into Executive Session for the
purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1)(c).
• Potential Litigation pursuant to RCW 42.30.110(1)(c)
3. ADJOURNMENT
The Special Meeting was adjourned at 6:55 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 1 of 1
September 6, 2016
,.� Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
September 6, 2016 — 7:00 p.m.
www cityoffederalwa y. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at 7:08 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Mark Orthmann, and City
Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. PRESENTATION
a. Mayor's Key to the City — Joann Piquette
Mayor Ferrell was pleased to be able to honor and present Ms. Joann Piquette with the Mayor's Key
to the City. He reflected on her tenacious spirit in making the dream become a reality with the
Performing Arts and Event Center rising out of the ground. He also thanked her for her dedication and
service given to the community dating back to her service on many early Boards and Commissions.
Ms. Piquette thanked the Mayor for this honor and she also thanked everyone who has recognized
the importance of the Performing Arts and Event Center project and shares this recognition with all
those who have equally supported the project. She noted the idea of a performance hall predates the
city's incorporation back to 1989. She has enjoyed living in the community since 1961 and served on
the Human Services, Arts Commission and Lodging Tax Advisory Committees.
b. Swearing -In of New Police Officers
Chief Andy Hwang was pleased to announce and introduce the newest members of the Police Force
including: Officer Shane A. Winnings, the most recent entry level officer who graduated from the
academy in August and is currently in the field training program; Officer Donovan Heavener, who was
an original member of the Federal Way Police Department has returned after relocating to Wisconsin;
and Officer Gary Kopis, a lateral recruit from the Honolulu Police Department. Mayor Ferrell
administered the Oath of Office and congratulated the officers.
Federal Way City Council Regular Minutes Page 1 of 8
September 6, 2016
c. Recognition: Ms. Black Washington
Councilmember Assefa- Dawson introduced and presented a certificate of recognition to Ms. Black
Washington De'Vaughnn Williams who grew up and currently lives in Federal Way. Ms. Williams
spoke passionately about her platform and her background where she worked to overcome early
circumstances. She thanked the Mayor and Council for the invitation to be recognized this evening,
and was excited to be there.
BRIEF RECEPTION HONORING JOANN PIQUETTE
At 7:31 p.m. Mayor Ferrell announced the Council would recess for a brief reception honoring Key
to the City recipient Joann Piquette.
Mayor Ferrell called the meeting back to order at 7:50 p.m.
d. Proclamation: Mayor's Day of Concern for the Hungry
Mayor Ferrell read and presented the Proclamation to James Kelly, Manager from the
Emergency Feeding Program. Mr. Kelly thanked Mayor Ferrell and Council for the recognition
of the upcoming Food Drive to feed children who feed thousands of families. He encouraged
everyone to visit their local grocery stores on Saturday, September 17th for the food collection.
e. Proclamation: Constitution Week September 16th -22nd
Deputy Mayor Burbidge read and presented the Proclamation to Sally Jarvis, Lakota Chapter
of the National Society of Daughters of the American Revolution, a non - profit women's service
group. Ms. Jarvis spoke on the importance of our Constitution and the importance of honoring
it and those who wrote it. She thanked the Mayor and Council for the Proclamation.
f. Proclamation: National Recovery Month — September 2016
Councilmember Moore read and presented the Proclamation to Geoff Miller from King County
Department of Community and Human Services. Mr. Miller thanked the Mayor and Council for
the Proclamation and noted that as a resident of Federal Way since 1998 it is always
gratifying to see the community support.
g. Mayor's Emerging Issues and Report
• Report on IRG Property Proposal — Orca Bay Seafood /Preferred Freezer
Acting City Attorney Mark Orthmann gave a brief update to Council on the application for the
Orca Bay Seafood /Preferred Freezer project on the IRG Property. The application was
received and deemed complete, and has gone through the standard notice and comment
period. The application is under review parallel and concurrently with the SEPA review. Once
the SEPA determination is issued, there will be an additional public comment period followed
by the city making the Use Process decision. Additionally, he noted the city had a pre -
application meeting with KG Investments for another project on the IRG property.
Councilmember Maloney noted at the Study Session there was a comment made that Council
gave their authority away in 2014 and that is inaccurate, that occurred in 2009.
• Summer Movie Night at Town Square Park Recap
Parks Director John Hutton, reported on the recent Movie Night at Town Square Park. The
movie "Inside Out" was a big hit, along with some old- school cartoons which started off the
evening. Over 750 servings of popcorn were enjoyed and it was a great family friendly event.
Federal Way City Council Regular Minutes Page 2 of 8
September 6, 2016
• Building of Town Square Park - Photo Slideshow
Mr. Hutton also displayed a progression of pictures of the park from the beginning of
construciton to where it is currently. The park is a huge success and is very heavily used and
enjoyed by the community.
• Back to School Safety
Chief Andy Hwang spoke briefly about the first day of school tomorrow, and the Departments
Back -to- School safety plan. He noted officers will be highly visible and school zone photo
enforcement cameras will be active. He urged citizens and drivers to be aware and extra
cautious in and around school zones.
• Lake Jeane Testing Results
Surface Water Manager Theresa Thurlow gave a brief report to Council on the weekly
sampling being done at Lake Jeane. The samples are taken every Wednesday from August
2016 through September 2016. She reviewed the testing results, showing each week for 5
weeks. She noted the lake has not met the criteria for toxic levels. In response to Mayor
Ferrell's question, Ms. Thurlow stated she does not believe the lake is currently toxic.
Councilmembers asked about the smell at the lake and the difference in testing standards.
Ms. Thurlow explained there are different levels for bodies of water that may be used for
drinking water versus recreational and occasional exposure. Lake Jeane is one of the two
privately owned lakes by the Twin Lakes and Golf and Country Club. Council also stated
disappointment that this lake has not been treated.
• Pacific Harbors Council Inquiry re: Camp Kilworth
Acting Community Development Director Scott Sproul reported Pacific Harbors Council has
recently come to the city to inquire about potentially clearing dangerous and diseased trees on
the property. In response to Council questions, Mr. Sproul reiterated there has not been a
permit filed.
4. CITIZEN COMMENT
Cynthia Piennett provided the status of the Capital Campaign on behalf of the Board of the Federal
Way Coalition of the Performing Arts. She presented a check to the city for $4,500, which raises the
total contribution to date to $878,289.
Bill Fuller, Fire Commissioner, on behalf of South King Fire and Rescue invited the Mayor, City
Council and public to attend their annual the 9/11 memorial ceremony at Station 64. It will begin at
12:30 p.m.
Mayor Ferrell recognized State Representative Linda Kochmar as being in attendance.
H. David Kaplan spoke to outstanding issues with the proposed development on IRG Property. Clear
cutting 19 acres is not in the spirit of the 1994 Concomitant Agreement nor in accordance with City of
Federal Way Tree Regulations. Additionally he looks forward to a revision to item 13 in the SEPA
Checklist in regards to historic preservation as it was not addressed properly.
Federal Way City Council Regular Minutes Page 3 of 8
September 6, 2016
Michael Brown stated that the North Lake Community understands the property will be developed but
they are fighting to preserve the character of the campus. This property is Federal Way's crown jewel
and should not be allowed to be destroyed.
Margaret Nelson spoke about Orca Bay Seafood project. She questioned if 320th and Weyerhaeuser
roads are designed and engineered for the proposed use. She also had questions for Council
regarding hiring a licensed forester per the Concomitant Agreement; Hylebos Drainage issues; and
the notification pipeline from the Community Development Department to the Council, Planning
Commission, and citizens.
Chelsea Globe, pastor of Christ Lutheran Church, invited Council and the community to attend an
event for Blessings of First Responders. This will occur Saturday, September 10th at 11:00 a.m. at
the Farmers Market. All religious groups are invited, but especially the first responders.
Koorus Tahghighi wants the east campus to be viewed in its entirety before development including
traffic studies, environmental impact statements, hydrology studies, and archeological and historical
preservation aspects. He provided copy of aerial photo showing footprints of proposed development
to the City Clerk to provide to City Council.
Mary McClellan Aronen, a 65 year resident of Federal Way, asked for a moratorium on the proposed
IRG Development until all relevant environmental issues /concerns are brought forward and
remediated. She spoke regarding the North Lake Watershed and the impact the proposed
development and filling of wetlands may have.
Dana Halloway questioned what is meant by the term "new generation jobs" as used in the city's
Economic Development Strategy. She also asked about the process for hiring a new Community
Development Director; whether it is a decision made by the Mayor or if Council /staff is involved. What
is the process a citizen should follow to stay apprised of development proposals and their status?
Mayor Ferrell spoke to the hiring process for the Community Development Director. He
shared that a regional search had occurred to recruit candidates and that interviews will be
interviewed by three separate panels. He will receive feedback from these panels, but
ultimately the decision is the Mayor's subject to Council confirmation.
Mayor Ferrell also spoke in regards to City Attorney position indicating that the same process
will be followed; including staff, Council, and community input.
Debra Hansen, 35 year resident of Federal Way with 25 years in the North Lake Community. She is
concerned about noise, traffic, the environment, and the property is being handled one parcel at a
time which circumvents the environmental process. She requested a six month moratorium.
Laurie Sechrist asked the city slow down the destruction of the city's last remaining open green
space. She requested Council adopt a moratorium to take a pause and obtain more information and
correct glitches in policies. She also requested staff use Process IV for any and all further
development on this property.
Larry Flesher expressed appreciation for allowing the public to look into the five Community
Development Director Candidates and shared concerns regarding the decision making process.
Simone Perry shared that citizens living east of Interstate 5 already feel cut off from Federal Way as
they are unable to get into downtown Federal Way after 3:00 p.m. on any given day and instead shop
in Milton or Auburn. These proposals and truck traffic will only make it worse.
Federal Way City Council Regular Minutes Page 4 of 8
September 6, 2016
Jana Van Amburg expressed her concerns regarding the decision making process and requested a
moratorium.
Norm Fiess believes that in an attempt to avoid a lawsuit from the developer, the city has opened
itself up to lawsuits from citizens. He requested the city place a moratorium on all CP -1 and OP -1
zone development.
Richard Pierson, North Lake Community for over 40 years requested a moratorium be invoked for the
east campus and other CP- 1 /OP -1 Zone developments until a holistic view of the cumulative impacts
are considered in their entirety. He also submitted a letter written by King County Councilmember
Pete von Reichbauer and asked the City Clerk to read letter into the record.
City Clerk Stephanie Courtney read letter from King County Councilmember Pete von Reichbauer into
the record.
Julie Cleary spoke about the Environmental Health Section, Item 3, of the State Environmental
Protection Act (SEPA) Checklist for Preferred Freezer. She has a report on the chemicals being used,
many of which are on the EPA list. She feels it is dangerous to the residents, especially those located
only 300 feet away. She requested the city enact a moratorium.
Jerry Graham has been in the community for 40 years in the community and wants the moratorium.
He shared that corporate office space would better complement and blend in with the community. He
also questioned the lack of public notification in this process.
Gary Heil, newcomer to the area has discovered that the desirable areas are on the Eastside of King
County while the less desirable neighborhoods are in the south end. He feels that Federal Way is in
the middle and finds itself at a tipping point can go either way.
Geoffrey Hastings wants the city to pause and make sure that they are on target before they pull the
trigger. He agrees that a moratorium is needed.
Cindy Flanagan represents the Rainier Audubon Society and is concerned about the SEPA process
for Preferred Freezer in that they disagree with the Critical Areas Assessment and Historical and
Cultural Significance.
Dee Anna Escobedo learned many things at the end of the Study Session on September 1st; she will
continue to be involved in the process. She shared the process again and counseled citizens to stay
involved and help keep the vision.
Suzanne Vargo walks the property daily wants to know why the Orca Bay website states they will be
open in 2017 if the project has not even been approved.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: August 9, 2016 Regular Meeting
b. Monthly Financial Report — July 2016
Federal Way City Council Regular Minutes Page 5 of 8
September 6, 2016
c. Vouchers — July 2016
d. Knutzen Family Theatre HVAC Replacement
e. Telephone System Replacement
f. Community Center Surveillance System Replacement
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as
follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
6. ORDINANCES
Second Reading
a. Council Bill #710 /Level 3 Communications, LLC Franchise
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING
LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A
NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF
FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR
THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING,
AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND
THROUGH THE CITY OF FEDERAL WAY.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE ORDINANCE AS PRESENTED;
COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
7. COUNCIL REPORTS
Councilmember Duclos thanked everyone for sharing their thoughts and concerns; it shows
dedication to the community and the things they care about. She appreciates the testimony.
Councilmember Moore was pleased to be able to read and present the National Recovery Month
Proclamation earlier this evening, and thanked the Mayor and Deputy Mayor for that honor. He
echoed the comments of Councilmember Duclos and thanking everyone for the input and comments
tonight and at the study session (regarding the IRG property). He also thanked Surface Water
Manager Theresa Thurlow for her report and continued testing of the lake; he would like to be
updated on steps being taken.
Federal Way City Council Regular Minutes Page 6 of 8
September 6, 2016
Councilmember Koppang acknowledged the frustration felt in the community; he assured citizens that
the Council is listening and being heard. He stated the Council is engaged and reads all the emails
and letters, as well as listens to public comments. He also reported on attending a recent
naturalization ceremony for new citizens to the country. His mother was an immigrant and he
appreciates the freedoms in this county. He attended the DESNA cup — a wonderful community event
which hosted a soccer tournament, volleyball, boxing and a car show. He also attended a budget
training session recently and looks forward to the upcoming budget meetings.
COUNCILMEMBER HONDA MOVED TO SUSPEND COUNCIL RULES TO CONTINUE THE
MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion passed
unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Councilmember Honda thanked those who are speaking to Council by emails, phone calls, or
stopping them in grocery stores and shopping malls — she welcomes their comments and concerns.
She believes this issue is not over and is hoping the right thing is done for the city and those who live
here. She noted she attended the 12th Annual Lions Car Show, which brings in hundreds of people
from the area. She thanked the Parks Department staff for the amazing Summer Sounds Concert
series, and briefly reported on the King County Domestic Violence Task Force and Board of Health
meetings.
Councilmember Maloney added her thanks for the residents who spoke tonight and those she has
spoken with over the phone and via email; she appreciates the information and the comments. She
has heard concerns outside of Federal Way and believes this issue impacts more than just the
residents; she would like to see collaboration and a win -win situation for both sides. She has attended
many events in the last month and would specifically like to thank the Historical Society for their event
on music history. She noted the LUTC Committee would like staff to look at historically significant
buildings in our city.
Councilmember Assefa- Dawson thanked the residents who attended tonight and last Thursday's
Study Session regarding the IRG property. She feels the comments are very informative and
educational. She thanked Mr. Jerry Korum for sponsoring the recent Advancing Leadership event and
investing in the youth.
Deputy Mayor Burbidge expressed her appreciation for the comments, questions, testimony and the
amount of passion in the presentations this evening and last Thursday. She noted the next meeting of
the Lodging Tax Advisory Committee would be next Wednesday at 8:00 a.m. She attended the South
County Area Transportation Board meeting where Sound Transit update and travel trends report was
presented. She would like to see a presentation by Sound Transit and King County Metro in the near
future. She congratulated Ms. Joann Piquette for receiving the Key to the City; her work and
dedication are widely known in the community.
8. EXECUTIVE SESSION
• Potential Litigation pursuant to RCW /12.30.110(1)(c) canceled
9. ADJOURNMENT
Federal Way City Council Regular Minutes Page 7 of 8
September 6, 2016
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:06
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 8 of 8
September 6, 2016
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5b
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?
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
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 RECOMMEN P . ION: Option 1
MAYOR APPROVALS, I .� DIRECTOR APPROVA PI 60
v. C0/111M1 ee � 6 ncil f G. Initial late
Initial/Date Initial/Date
CHIEF OF STAFF: A..,1 4 d!; ./jJ ,4it y,%.f Vi At
Come tee Council
tint./Date Initial/Dat
COMMITTEE RECOMMENDATION: I move to forward the 2016-2017 Diversity Commission Work Plan to the
September 20, 2016 consent agenda for approval.
..----- FP 1
I 41440.0% y_i!
Co ttee Chair } Committee Member Committee v b- �`
PROPOSED COUNCIL MOTION: "I move approval of the 2016-2017 Diversity Commission Work P an"
(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#
, §
1 TO.
°I•
Federal Way, "A City for All of US
City of Federal Way
Diversity Commission
2016-2017 Work Plan
Diversity Commission 1 2016-2017 Work Plan I Page 1 of 5
A ;va
Federal Way, I.A City for All of US,
fad Di
nal way ver ity 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
Diversity Commission 1 2016-2017 Work Plan I Page 2 of 5
TAAX Ct4i
F ederal Way, °,q Ci
Ly for All of Us
tiaar•1 Way Direrzity Comma...
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.
Diversity Commission 1 2016-2017 Work Plan I Page 3 of 5
TA A A WI
•
Federal Way ",q City for All of US"
_
...weal Way Com,i.ion_
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 groups/organizations shall review the drafted
Report of Findings and provide comment.
• Forward the final report to the Mayor and the City Council for consideration.
Diversity Commission 1 2016-2017 Work Plan I Page 4 of 5
4
6 t • 8
A A 410-7: X rAj,
Federal Way, "q City for All of - '
—ittierld Way Dw (*mamma
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.
Diversity Commission 1 2016-2017 Work Plan I Page 5 of 5
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5c. ..................... .
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: . 11,,,,/ 6 ( DIRECTOR APPROVAL: / S<�1
Co ittee Counc Initial/Date
Initial/D Initi I/Date
CHIEF OF STAFF: t hdlt.
Co i 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.
,►�1►11 A
• ■ _A. ..`.:: alatit. -4,
Co ittee Chair/2 Committee ember Committee MI ber
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#
CITY OF CITY HALL South
441446, ■ d e ra l Way Feder 8th Avenue 8003
Federal Way,WA 98003-6325
(253) 835-7000
www crtyoffederatway coin
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 janitorial 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]
AMENDMENT - 1 - 1/2015
CITY OF CITY HALL
.
Fed e ra I Way Feder 8th Avenue South
Federal Way,WA 98003-6325
(253)835-7000
wwwcityoffederaiway corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk
DATE: APPROVED AS TO FORM:
City Attorney,
CEDAR BUILDING SERVICES, INC.
By:
Printed Name:
Title:
DATE:
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
AMENDMENT - 2 - 1/2015
CITY OF CITY HALL
33325
Federal Way Feder 8th Avenue South
Federal Way,WA 98003-6325
(253)835-7000
www cityoffederalway.corn
EXHIBIT B-1
ADDITIONAL COMPENSATION
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 - 3 - 1/2015
4%64 CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way,WA 98003-6325
(253) 835-7000
wwvwcityoffederalway com
EXHIBIT D-1
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
AMENDMENT - 4 - 1/2015
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5d
_............................................................................................................................................................................................................................................................................................................................................................................_.......... ____._.............------
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 El 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 RECOMMENDATION ccept the ICAC Interagency Agreement
of
MAYOR APPROVAL: ' , a DIRECTOR APPROVAL: ,44-0^"•7
/ om ee ounci 1e Initial
CHIEF OF STAFF: lJ•/ a L i L
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, 20 6 Council cons,nt agenda for approval."
re--- - ' Pi l i • _ , i _
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Co ittee Chair Committee ember Committees ember
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."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: 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
SEATTLE
E ' }Fy ICAC
` A r
POLICE
`\
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
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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 must 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,
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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
Page 3 of 7
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 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
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
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 XIII AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement,by mutual agreement.
Page 6 of 7
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
AND
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 SEATTLE POLICE DEPARTMENT
Andy Hwang, Chief of Police Kathleen O'Toole, Chief of Police
Date: Date:
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A
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fi �1
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41,`Ji rva't�'�`► OL"
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Internet Crimes Against
Children Program
OPERATIONAL
AND
INVESTIGATIVE
STANDARDS
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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Table of Contents
Definitions of 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
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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
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"Equipment"is any device or tool—including but not limited to computers, phones, and
online accounts and services--purchased or obtained for use in ICAC-related matters.
"ICAC"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
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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; et cetera).
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
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2. ICAC National Program
2.1 Mission of the ICAC Program
The Internet Crimes Against Children Task Force Program (ICAC)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 (ICAC) 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
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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
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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
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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
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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
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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
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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.
i
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
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
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
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
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
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
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5e
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 ,74. Initial
CHIEF OF STAFF: / �.W / V 4, t
Co e1 e Council
COMMITTEE RECOMMENDATIO : "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."
00 •
C• ittee Chair) Committee Member Comm itte,Me .er
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."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: 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.
1
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.
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:
Date:
Keith Weis
Special Agent in Charge
For the Federal Way Police Department:
Date:
Andy Hwang
Chief of Police
2
Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this first(1st) 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.
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
FWPD shall clearly state: (1)percentage of the total cost of the program or project which will be
financed with federal money and (2)the dollar amount of federal funds for the program or
project.
13. The FWPD understands and agrees that HIDTA will provide the 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:
Date:
Name: Keith R. Weis
Title: Special Agent in Charge (SAC)
For the Federal Way Police Department
Date:
Name: Andy Hwang
Title: Chief of Police
, 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
public(Federal,State,or local)transaction or contract under a
As required by Section 1352,Title 31 of the U.S.Code,and public transaction;violation of Federal or State antitrust statutes
4 y or commission of embezzlement,theft,forgery,
implemented at 28 CFR Part 69,for persons entering into a bribery,falsification or destruction of records,making false
grant or cooperative agreement over$100,000,as defined at statements,or receiving stolen property;
28 CFR Part 69,the applicant certifies that:
(a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid,by Federal
on l appropriated
of the fundha to any paid for civilly charged by a governmental entity(Federal,State,or
paid,by or or attempting to influence undersigned, officer person local)with commission of any of the offenses enumerated in
in- g p g paragraph(1)(b)of this certification;and
employee of any agency,a Member of Congress,an
officer or employee of (d)Have not within a three-year period preceding this applica-
Congress,or an employee of a Member of Congress in con- tion had one or more public transactions(Federal,State,or
nection with the making of any Federal grant,the entering into local)terminated for cause or default;and
of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modification of any Federal grant or B.Where the applicant is unable to certify to any of the
cooperative agreement; statements in this certification,he or she shall attach an
(b)If any funds other than Federal appropriated funds have explanation to this application.
been paid or will be paid to any person for influencing or at- 3. DRUG-FREE WORKPLACE
tempting to influence an officer or employee of any agency,a (GRANTEES OTHER THAN INDIVIDUALS)
Member of Congress,an officer or employee of Congress,or
an employee of a Member of Congress in connection with this As required by the Drug-Free Workplace Act of 1988,and
Federal grant or cooperative agreement,the undersigned shall implemented at 28 CFR Part 67,Subpart F,for grantees,as
complete and submit Standard Form-LLL,"Disclosure of defined at 28 CFR Part 67 Sections 67.615 and 67.620—
Lobbying Activities,"in accordance with its instructions;
(c)The undersigned shall require that the language of this car- A.The applicant certifies that it will or will continue to provide
a drug-free workplace by:
tification be included in the award documents for all subawards
at all tiers(including subgrants,contracts under grants and (a)Publishing a statement notifying employees that the
cooperative agreements,and subcontracts)and that all sub- unlawful manufacture,distribution,dispensing,possession,or
recipients shall certify and disclose accordingly. use of a controlled substance is prohibited in the grantee's
2. DEBARMENT,SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to
inform employees about—
As required by Executive Order 12549,Debarment and
Suspension,and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace;
Tive participants in primary covered transactions,as defined at
28 CFR Part 67,Section 67.510— (2)The grantee's policy of maintaining a drug-free workplace;
A.The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation,and employee
assistance programs;and
(a)Are not presently debarred,suspended,proposed for debar-
ment,declared ineligible,sentenced to a denial of Federal (4)The penalties that may be imposed upon employees for
benefits by a State or Federal court,or voluntarily excluded drug abuse violations occurring in the workplace;
from covered transactions by any Federal department
or agency; (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
(b)Have not within a three-year period preceding this applica- required by paragraph(a);
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec- (d)Notifying the employee in the statement required by para-graph
tion with obtaining,attempting to obtain,or performing a (a)that,as a condition of employment under the grant,
the employee will-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement;and
(2)Notify the employer in writing of his or her conviction for a SeaTac HIDTA Task Force (Group D-22)
violation of a criminal drug statute occurring in the workplace 300 5th Ave, Suite 1300
no later than five calendar days after such conviction;
Seattle,WA 98104
(e)Notifying the agency,in writing,within 10 calendar days I C
after receiving notice under subparagraph(d)(2)from an h
employee or otherwise receiving actual notice of such convic-tion. eck o oif there are workplaces on file that are not indentified
Employers of convicted employees must provide notice, including here.
position title,to:Department of Justice,Office of
Justice Programs,ATTN:Control Desk,633 Indiana Avenue, Section 67,630 of the regulations provides that a grantee that
N.W.,Washington,D.C.20531. Notice shall include the iden- is a State may elect to make one certification in each Federal
Ification number(s)of each affected grant; fiscal year.A copy of which should be included with each ap-plication
for Department of Justice funding.States and State
(f)Taking one of the following actions,within 30 calendar agencies may elect to use OJP Form 4061/7.
days of receiving notice under subparagraph(d)(2),with Check if the Slate has elected to wrnplele OJP Form
respect to any employee who is so convicted— 4061/7.
(1)Taking appropriate personnel action against such an DRUG-FREE WORKPLACE
employee,up to and including termination,consistent with the (GRANTEES WHO ARE INDIVIDUALS)
requirements of the Rehabilitation Act of 1973,as amended;or
As required by the Drug-Free Workplace Act of 1988,and
(2)Requiring such employee to participate satisfactorily in a implemented at 28 CFR Part 67,Subpart F,for grantees,as
drug abuse assistance or rehabilitation program approved for defined at 28 CFR Part 67;Sections 67.615 and 67.620—
such purposes by a Federal,State,or local health,law enforce-
ment,or other appropriate agency; A.As a condition of the grant,I certify that I will not engage
in the unlawful manufacture,distribution,dispensing,posses-sion,
(g)Making a good faith effort to continue to maintain a drug- or use of a controlled substance in conducting any
free workplace through implementation of paragraphs(a),(b), activity with the grant;and
(c),(d),(e),and(f).
B.If convicted of a criminal drug offense resulting from a
B.The grantee may insert in the space provided below the violation occurring during the conduct of any grant activity,
site(s)for the performance of work done in connection with will report the conviction,in writing,within 10 calendar days
the specific grant: of the conviction,to:Department of Justice,Office of Justice
Programs,ATTN:Control Desk,810 Seventh Street NW.,
Place of Performance(Street address,city,county,state,zip Washington,DC 20531.
code)
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
33325 8th Ave South
Federal Way,WA 98003
2.Application Number and/or Project Name 3.Grantee IRSNendor Number
DEA SeaTac HIDTA Task Force(Group D-22)
4.Typed Name and Title of Authorized Representative
Andy Hwang,Chief of Police–Federal Way Police Department
5.Signature 6.Date
*U.S.Government Printing Office:1996-405-037/40014
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5f
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: RECTOR APPROVAL: «+-7
C itt unci � C Initial
CHIEF OF STAFF: Q.
if ittee Counci
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."
Co ttee Chair Committee Member dc lommittee er
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#
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.
1
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: . Cs°1/p/J[(,,, C+1i//l` DIRECTOR APPROVAL 7`�(/r
Commi a ouncil /// Imtial/Da[e
Initia ate Initial/Date ouncil
CHIEF OF STAFF: . it 114 111,1 " ) 4e
Corn itt e Council
Initial 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.
/ 49 • • _ J
Co ittee Chair Committee Member Committee 1 e i er
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."
(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#
ik CITY OF
'�•r.r 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.
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5h
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
g p
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:
141 -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: I, V,,,7„Cyj s DIRECTOR APPROVAL: e G S//6
i Council
CHIEF OF STAFF: / G, t/. it'
Committee Council
COMMITTEE RECOMMENDATION: I 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.
�i4111.11� �sli)) 4
V Imo,. . -• A &L. i .
Co ittee Chai r Committee ember / Committee e ber
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#
COUNCIL MEETING DATE: September 20,2016 ITEM#: 51
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 El Ordinance El Public Hearing
❑ City Council Business El Resolution El 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 rovide direction to staff.
MAYOR'S RECOMMEND O.N: Option 1
MAYOR APPROVAL: _/� ` a1 DIRECTOR APPROVAL: 7,414.,eb ommi ee Council mittee
CHIEF OF STAFF: Pkial*A
ti kiblifq44/11)14
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.
•
• - �' �w�1
SA _4 A
PROPOSED COUNCIL MOTION: "I move to accept the stallation 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#
COUNCIL MEETING DATE: September 20, 2016 ITEM#: 5j
. . .
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
p
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:Stephen 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: /f G DIRECTOR APPROVAL: F/Q
uicil Committee
Zit* ./ 'Al
CHIEF OF STAFF: 4i4 �/G�J�j /���WI'1.r l
Corn e- Council /
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.
r, dilJ�_ a— aJ�� 6 rt ' i •
►� a ...�::�;;;a.�
PROPOSED COUNCIL MOTION: "I move to accept the stallation 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 RESOLUTION#
COUNCIL MEETING DATE: September 20, 2016 ITEM#: 5k
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 RECOMMEND:TION: Option 1
MAYOR APPROVAL: ,tom; f DIRECTOR APPROVAL: (j�'l4
/. Corn itte. Council Committee
CHIEF OF STAFF: Mint f i kf 1 h 14 4I0Ix
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.
rio/
/J... i • 'A.♦ J e
•
PROPOSED COUNCIL MOTION: "I move to accept the stallation 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 1"reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
COUNCIL MEETING DATE: September 20,2016 ITEM#: 51.... ... . . .. ... .... . .
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: Stephen Ikerd, Parks Deputy Director DEPT: Parks
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: . 5/,4 b 4)44)11 RIRECTOR APPROVAL: i41_1(z31/4
' fC�/�,f itt o � 6> Initial
CHIEF OF STAFF: 4 'I i 4r >/:y
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.
�/ Ii 45'et A _ _
Co • ttee Chair Committee ember 4 Committe1Member
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"$4,278.10".
(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#
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5m
...
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 Depu ....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
$15,036.75 retainage.
2. Do not accept the contract as complete, and provide direction to staff.
................... .... ..
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL: Q�t$
me iitt ouncil 7( 40/4 Initial
CHIEF OF STAFF: !' ( 0 /ta i li /
• Ai
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.
r '
Li.-- -r4/ A4
..+1 i A_' a`
C
C. ittee Cha' Committee Member ' Committee 0-mber
PROPOSED COUNCIL MOTION: "I move to accept the American Guaranteed Roofing& Constru ion 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 RESOLUTION#
COUNCIL MEETING DATE: September 20,2016 ITEM#: 51 `
......... .... ... . ........
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 ❑ 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:;28 /)q/6. APPROVAL:ee pg*,,e6DIRECTOR
o Initial
CHIEF OF STAFF: a y 41 L
Committee Council
COMMITTEE RECOMMENDATION:I move to forward the acceptance of the Global Contractors, LLC contract as
complete and forward the authorization of staff to release their$3,561.25 retainage to the full Council September
20, 2016 consent agenda for approval.
�....r. ft01/04,- �.
Co mittee Chair Committee Memb-r Committ- Me •er
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".
(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#
COUNCIL MEETING DATE: September 20, 2016 ITEM#: 5o
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Steel Lake Park to Downtown Trail Project—30%Design Status Report
POLICY QUESTION: Should the City Council authorize staff to proceed with the design of the Steel Lake Park to
Downtown Trail Project and return to the LUTC and Council at the 85% design completion for further reports and
authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 12,2016
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:Christine Mullen,P.E., Street Systems Project Engineer ' '`(1 DEPT. Public Works
Attachments: Land Use and Transportation Committee memorandum dated September12,2016.
Options Considered:
1. Authorize staff to proceed with design of Steel Lake Park to Downtown Trail Project and return to the
LUTC and Council at the 85%design completion stage for further reports and authorization.
2. Do not authorize staff to proceed with this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the S istember 20, 2016 City
Council Consent Agenda f approval.
MAYOR APPROVAL: /` �� /C DIRECTOR APPROVAL: ,v' V\24.-I I(p
Co • e o cil /// I ial/Date
Initi 1/Date Initial/Date
CHIEF OF STAFF: t ;41/.411141 8�P fr4Od.
Co ttee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 20, 2016 City Council consent
agenda for approval.
II I I / ..
Kell 11 alone ,Chair j' L,dia Assefa-0. +son,Member Mark Kt'an_,Memb-
PROPOSED COUNCIL MOTION: "I move to autho r e staff to proceed with design of Steel Lake Park to
Downtown Trail Project and return to the LUTC and Council at the 85%design completion stage for further
reports and authorization."
(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#
k:\council\agdbills\2016\12-20-16 Steel Lake Park to Downtown Trail Project—30%Design Status Report
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12,2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor
FROM: Marwan Salloum,P.E.,Public Works Director
Christine Mullen,P.E., Street Systems Project Engineer(
SUBJECT: Steel Lake Park to Downtown Trail Project—30%Design Status Report
BACKGROUND:
This project provides an 8 ft. sidewalk on the south side of S312th Street from the entrance to Steel Lake Park
to 24th Ave S. (Approximately 700 feet); providing a planter strip separating the sidewalk and roadway,
illumination,and ADA ramps.
The following provides a brief synopsis of the progress on this project to date. Currently,the project design is
approximately 30%complete,which includes the following completed tasks:
• Topographical Surveys
• Project Design to 30%
• Utility Coordination
Ongoing Tasks Include:
• Preliminary Contract Specifications
• Project Design to 85%
• SEPA Application&Approval
PROJECT ESTIMATED EXPENDITURES:
Design $93,000
2016 Construction Cost 731,000
10%Construction Contingency 73,000
Construction Management(in House) 0.00
TOTAL PROJECT COSTS $897,000
AVAILABLE FUNDING:
Connecting Washington Grant $300,000
Budgeted City Funds $400,000
TOTAL AVAILABLE BUDGET $700,000
PROJECT BUDGET SHORTFALL: $-197,000
As we proceed with the project design,the total project costs will be refined and presented to the Committee and
Council at the 85% design completion status report for further action. Staff anticipates bidding this project in
April 2017. Construction is anticipated to commence in June 2017 with an estimated substantial completion
date in November 2017.
COUNCIL MEETING DATE: September 20,2016 ITEM#: 5p
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 356th Street(Pacific Highway South to Enchanted Parkway)Improvement Project—100% Design
Status Report and Authorization to Bid
POLICY QUESTION: Should the Council authorize staff to proceed with the bidding of the S 356nd Street
Improvement Project from Enchanted Parkway South to Pacific Highway South and return to the LUTC and Council
for bid award, further reports and authorization.
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 12,2016
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:Naveen Chandra, P.E. Street Systems Project En ineei/DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated September 12,2016
Options Considered:
1. Authorize staff to bid the S 356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project
as soon as project construction funding becomes secured and return to the LUTC and Council for bid award,
further reports and authorization.
2. Do not authorize staff to proceed with bidding the project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the Septem i er 20,2016
Council Consent Agend. 't r approval. '
MAYOR APPROVAL: _ l,, _GA!" 6 DIRECTOR APPROVAL: r _ s f zc/rf
A„, (.mm' a uncil I a Dee
Initial I to Initial/Da+
CHIEF OF STAFF: , i 1(I A / 4 NIL.
Corn ee Cu1 c i 1
Initia ate In''I/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 20, 2016 consent agenda for
approval.
�j(
Kell aloney, Chair Lyd a Assefa- on, Member Mark Ko ang, Memb
PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 356th Street (Pacific Highway South to
Enchanted Parkway) Improvement Project as soon as project construction funding becomes secured and return to
the LUTC and Council for bid award,further reports and authorization."
(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#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12,2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor Afj
FROM: Marwan Salloum, P.E., Public Works Director JIP.,
Naveen Chandra, P.E., Street Systems Project Engineer
SUBJECT: S356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project—100%Design
Status Report and Authorization to Bid
BACKGROUND:
This project would result in the construction of a continuous 5-lane urban arterial with bike lanes between
Pacific Highway South and Enchanted Parkway. The project will also include utility undergrounding, storm
drainage improvements, paving, curb and gutter, sidewalk, street lighting, traffic signal modification, signing,
channelization,and landscaping.
Currently, the project design is 100% complete the only outstanding item is securing grant funding from the
Transportation Improvement Board(TIB)which is anticipated to take place in November 2016.
PROJECT ESTIMATED EXPENDITURES:
Design $620,000
Right-of-Way Acquisition $354,000
Utility undergrounding $200,000
Intergovernmental Service(WSDOT& $40,000
King County)
2016 Construction Cost $4,500,000
10%Construction Contingency $450,000
Construction Management $562,500
City Staff project administration $100,000
TOTAL PROJECT COSTS $6,826,500
AVAILABLE FUNDING:
Mitigation Fee $95,800
TIB Funding anticipated $3,850,000
Budgeted City Funds in 2014 $1,000,000
Budgeted City Funds in 2017 1 500 000
g tY $ ,
Lakehaven Utility District $456,944
TOTAL AVAILABLE BUDGET $6,902,744
cc: Project File
Day File
COUNCIL MEETING DATE: September 20, 2016 ITEM#: 5q
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Pete von Reichbauer Way S (20th Ave ) and S 316th Street Sidewalk Replacement Project — Project
Acceptance
POLICY QUESTION: Should the Council accept the Pete von Reichbauer Way S (20th Ave) and S 316th Street
Sidewalk Replacement Project constructed by Garco Construction,Inc. as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 20,2016
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business A „] Resolution ❑ Other
.,
STAFF REPORT BY:Edward Walsh,P.E D./te/uty Public Work Director DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated September 12, 2016.
Options Considered:
1. Authorize final acceptance of the Pete von Reichbauer Way S(20th Ave)and S 316th Street Sidewalk
Replacement Project constructed by Garco Construction Inc., in the amount of$398,650 as complete.
2. Do not authorize final acceptance of the completed Pete von Reichbauer Way S(20th Ave. S.)and S 316th
Street Sidewalk Replacement Project constructed by Garco Construction Inc. as complete and provide direction
to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 20, 2016 City
Council Consent Agenda approval.
MAYOR APPROVAL:
G .A DIRECTOR APPROVAL: ,
ohm ee ounc nitial/Date
Initial/Date Initial/Date
CHIEF OF STAFF: 6I. � 6, ; : 36I Dec.
Comm," Coun4
Initial, .te Initial;:te
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the Septemeber20, 2016 consent agenda for
approval.
I
'
t �
aloney, Chair Lyia Assefa
-P.y�soer Mark 'oppang, M= ber
PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Pete von Reichbauer Way S (20th
Ave) and S 316th Street Sidewalk Replacement Project constructed by Garco Construction Inc., in the amount of
$398,650 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12,2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor
FROM: Marwan Salloum,P.E.,Public Works Director ��
Edward Walsh,P.E.,Deputy Public Work Director/PAEC Director 1i
SUBJECT: Pete von Reichbauer Way S(20th Ave S.)and S 316th Street Sidewalk Replacement Project —
Project Acceptance
BACKGROUND:
This Project constructed a new sidewalk on the east side of Pete von Reichbauer Way and along the south side
of S316th Street adjacent to Town Square Park. This improvement included construction of new 12-foot
sidewalks with street trees and decorative lighting.This project was physically completed in August of 2016.
The City Council must accept the work on a Public Works construction project as complete to meet State
Department of Revenue and State Department of Labor and Industries requirements. The Pete von Reichbauer
Way S (20th Ave S.) and S 316th Street Sidewalk Replacement Project contract, that was signed as a change
order to the PAEC project,with Garco Construction, Inc. is complete. The final construction contract amount is
$398,650.00. This is $39,865 below the $438,515.00 (including contingency) budget that was approved by the
City Council on February 16,2016.
COUNCIL MEETING DATE: September 20,2016 ITEM#: 6a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:MAYOR SUBMITS 2017-18 BIENNIAL BUDGET TO COUNCIL
POLICY QUESTION:N/A
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: DEPT:
Attachments: 2017-18 Budget Calendar
Summary/Background: Mayor Ferrell submits proposed 2017-18 Biennial Budget to City Council in
accordance with the attached Budget Calendar.
Options Considered: N/A
MAYOR'S RECOMMENDATION:N/A
1
MAYOR APPROVAL: N/A 1;/5 (, DIRECTOR APPROVAL:
Committee ' Coumcil Initial/Date
Initial/Date I Initial/Date
CHIEF OF STAFF: N/A �"f _1 '
Committee Council /
Initial/Date Initial/Date �11�j7) 11 b
COMMITTEE RECOMMENDATION:N/A
PROPOSED COUNCIL MOTION:N/A
(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#
CITY OF
�,...-, Federal Way
2017-2018 BIENNIAL CITY BUDGET MEETINGS
The following meetings have been scheduled to consider the City of Federal Way's 2017-2018 Biennial
Budget. All meetings will be held at City Hall, 33325 —8th Avenue South,Federal Way, Washington.
CITIZEN COMMENT WILL BE ACCEPTED AT ALL MEETINGS.
TUESDAY, SEPTEMBER 20,2016—REGULAR COUNCIL MEETING—7:00 p.m.
• Mayor Submits Proposed Biennial Budget to Council
WEDNESDAY, SEPTEMBER 28,2016 —COUNCIL SPECIAL MEETING—5:30 p.m.
• Budget Overview—Revenue &Expenditure Projections
• Department Presentations: Finance; Police; Economic Development; Human Resources; City
Clerk; and Mayor
THURSDAY, SEPTEMBER 29,2016 —COUNCIL SPECIAL MEETING—5:30 p.m.
• Department Presentations: Public Works; Community Development; Parks and Recreation;
City Attorney; and Municipal Court
TUESDAY, OCTOBER 4,2016—COUNCIL SPECIAL MEETING —5:30 p.m.
• Department Presentations: PAEC; City Council; Finance; IT; and Community Programs
(Lodging Tax, Human Services, Other Community Agencies)
• Council Deliberations
TUESDAY, OCTOBER 18,2016—COUNCIL REGULAR MEETING—7:00 p.m.
• PUBLIC HEARING (required by RCW 35A.34)
2017-2018 Biennial Budget/Property Tax Levy
TUESDAY,NOVEMBER 1,2016—SPECIAL MEETING—6:00 p.m. (only if needed)
• Continue Council Deliberations
TUESDAY,NOVEMBER 1, 2016—COUNCIL REGULAR MEETING—7:00 p.m.
• PUBLIC HEARING Continue from October 18,2016 (required by RCW 35A.34)
• Introduction Ordinance/2017-2018 Biennial Budget
• Introduction Ordinance/2017 Property Tax Levy
TUESDAY,NOVEMBER 15,2016—CITY COUNCIL REGULAR MEETING—7:00 p.m.
• Enactment Ordinance/2017-2018 Biennial Budget
• Enactment Ordinance/2017 Property Tax Rate
• Resolution/2017 Fee Schedule
Published in the Federal Way
Mirror September
h October 7th and October 14h
Stephanie D. Courtney, City Clerk
COUNCIL MEETING DATE: September 20,2016 ITEM#: 6b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENTS TO THE YOUTH COMMISSION
POLICY QUESTION: Should the City Council appoint members to the Youth Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney,City Clerk DEPT: Mayor's Office
Background: The Youth Commission is comprised of twelve voting members and three alternate members that
are appointed by the City Council to serve two-year terms(per FWRC 2.60.040). There are currently nine vacant
voting positions and one vacant alternate position with terms through August 31,2018.
The City has received seven applications (Brittany Rogers, Gillian Soo, Hannah Kim, Henry Ojeaburu, Milad
Heydari, Reece Binder, and Von Born) seeking appointment to the Youth Commission. Interviews were held
during the City Council Special Meeting on September 20,2016.
Options Considered:
1. Fill the vacancies as follows:
Name Nr
Voting August 31,2018
Voting August 31, 2018
Voting August 31, 2018
Voting August 31,2018
Voting August 31,2018
Voting August 31,2018
Voting August 31, 2018
2. Direct the City Clerk to advertise for additional applicants for the Youth Commission.
. ....................................................................................................................................................... . . .
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: /
Committee Council Initi. 'late
Initial/Date Initial/Date
CHIEF OF STAFF: N/A N/A
Committee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION:N/A
PROPOSED COUNCIL MOTION: "I move the following appointments to the Youth Commission... "
(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#
COUNCIL MEETING DATE: September 20,2016 ITEM#: 6C
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:DEMOLITION OF STRUCTURES AT 36818 8TH AVE S—AUTHORIZATION TO BID
POLICY QUESTION: Should City Council authorize staff to bid the Demolition of Structures at 36818 8th Ave S and
return to LUTC and Council for bid award, further reports and authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 12,2016
CATEGORY:
E] Consent ❑ Ordinance ❑ Public Hearing
1 0 City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Theresa Thurlow, P.E. SWM Manager DEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated September 12,2016
Options Considered:
1. Authorize staff to bid the Demolition of Structures at 36818 8th Ave S, proceed with the mitigation process for the
loss of the house(documentation to include site plans, floor plans and construction methods used)and return to LUTC
and Council to award the project to the lowest responsive,responsible bidder.
2. Do no authorize staff to bid the Demolition of Structures at 36818 8th Ave S, proceed with the mitigation options
for the loss of the house,and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the Septembe, 20,2016 City
Council consent agenda for approval.
MAYOR APPROVAL: /�(�I L G DIRECTOR APPROVAL: .fir ` .�. 2.y I tie
C m e Counc' nitial/Date
Initi.- •.e Initial/Dateif
CHIEF OF STAFF: , LIA.,k i r is 1,,,,6
Co '{a itte Counc r /
Initi!/Date Initial I to
1„ri*Pk 1-he, -% ' . '. t9.-It-44v..., ou5e,
COMMITTEE RECOMMENDATION: I move to forward Option 1 : -- .-: • : - -: -
. d°mo l i q-r oY,--lo -t-he, Sma rr liar' 20,201b Cs'4 Co3un di,l •U,S i rllSS
ntxelly Maloney, • air Ly
A..el.,- i.AIL,a-11. . \°`—.■is Assefa-Iv, s s , Member Mark K pang, mber
PROPOSED COUNCIL MOTION: "I move to Authorize staff to bid the Demolition of Structures at 36818 8th Ave
S,proceed with the mitigation process for the loss of the house (documentation to include site plans,floor plans
and construction methods used) and return to LUTC and Council to award the project to the lowest responsive,
responsible bidder. "
(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#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor
Marwan Salloum,P.E., Public Works Director
FROM: Theresa Thurlow, P.E., SWM Manager.. ' -1
SUBJECT: Demolition of Structures at 36818 811`Ave S-Authorization to bid
BACKGROUND:
The City acquired the Larson-Justice property in December, 2015 using Surface Water Management
Capital funds for the purpose of open space conservation. The property is located in the Spring Valley
along the North Fork of West Hylebos Creek with approximately 130 feet of the Creek crossing the
property. The 2.0 acre site is immediately south of the former Bridges Property and former Enticknap
Property,both now owned by the City.
The City's plan for the property is to demolish and remove all structures onsite, including the removal of
a septic tank,two underground fuel storage tanks(one cooking oil tank and one diesel fuel tank),the
existing well and pump house. There are six buildings on the property in various stages of decay,
including the single family farm house,two sheds, a cistern house, barn and pump house. At least two of
the structures have already partially collapsed. The City completed a Hazardous Building Materials
Survey in March of this year to identify asbestos containing materials, lead paint and PCBs in lighting
fixtures. The survey also inspected for signs of mold and water damage and collected samples from areas
of obvious mold growth. The estimated demolition expenditures below include abatement of hazardous
materials.
Following demolition and separate from this project, SWM will work with volunteers and non-profit
groups to establish native plantings and restore the site. The ultimate goal is to turn the property into a
trailhead as part of a trail system in the Spring Valley similar to the West Hylebos Wetlands Park.
Per direction from the June 6, 2016 Council, City Staff reached out to the King County Historic
Preservation Program for an assessment of the Larson-Justice house and outbuildings. While the building
assessment by Tod Scott, King County Preservation Architect(attached)outlines various options for the
house, it clearly indicates the outbuildings are in dilapidated condition and unlikely to be salvageable.
The report identified potential future use options for the house. These options and an assessment of
viability by the SWM Staff are as follows:
1. "Restore the house as a museum or interpretive facility for the Historical Society of Federal
Way."
a. While the Historical Society of Federal Way has expressed their interest in restoration
and preservation of the house and outbuildings,they do not currently have the capacity
nor funding to proceed with this option. To leave the house and outbuildings sitting
during an indeterminate amount of time will result in increased risk of vandalism,
occupation by trespassers, and further degradation of the structures.
b. The house is in a remote location but easily accessed from the road by a trasient
population. If restored as a museum or intrepretive facility, a dependable volunteer
September 12,2016
Land Use and Transportation Committee
Demolition of Structures at 36818 8th Ave S-Authorization to bid
Page 2
workforce or part time FTE would be needed onsite during operational hours to deter
vandalism and/or occupation.
2. "Adaptively reuse/rehabilitate the house as a facility associated with the West Hylebos
Watershed Trail project. The house could be used for educational and interpretive purposes,trail
visitor center,or even as temporary housing for visiting scholars, biologists,or environmental
volunteers."
a. As with option 1,there is currently no avenue identified to take on the responsibility and
funding for this use, leaving the house and outbuildings unattended in a remote but
accessible location. The West Hylebos Watershed Trail project is a$1.4M project
dependent on grant funding and could take many years to develop and construct.
3. "Demolition of the house is currently the most likely scenario.Because of the rarity of this
historic resource, it would be wise for the city to explore options on how to mitigate for the loss."
a. SWM staff concurs with this assessment and recommend demolition of the house and
outbuildings, documentation of the house through a consultant with the assistance of the
Washington Trust for Historic Preservation/Department of Archaeology and Historic
Preservation(DAHP)and inclusion of historical signage in the West Hylebos Watershed
Trail Project.
Based on the available alternatives, the recommendation is option 3, demolition with proper
documentation.
The estimated demolition expenditures are outlined as follows:
PROJECT ESTIMATED EXPENDITURES:
National Register nomination and consultant for historic $15,000
architectural documentation per King County Historic
Preservation Program recommendation
Demolition and Abatement $39,500
Decommission Underground Tanks and Well $14,500
20%Contingency* $10,800
Sale Tax 6,200
TOTAL PROJECT COSTS $86,000
AVAILABLE FUNDING:
Budgeted City Funds CIP Project 4 $100,000
2016 TOTAL AVAILABLE BUDGET $100,000
*Contingency is higher on this project than others because of the unknown associated with the
underground tank decommissioning. A reasonable estimate was included with the underground tank line
item, however the environmental cleanup could be extensive if the tank leaked. The extra contingency
would cover soil testing, remediation,and reporting requirements.
cc: Project File
Day File
AUI Historic Preservation Program,Department of Natural Resources and Parks
201 S.Jackson,Suite 700,Seattle,WA 98104 (206)477-4545 www.kingcounty.gov/landmarks
King County
BUILDING Building Name: Larson —Justice House
Location: 36818 8th Ave S, Federal Way
ASSESSMENT Date: July 8, 2016
Assessment Requested By: Tony Doucette, City of Federal Way
Assessment Prepared By: Todd Scott, King County Preservation Architect
Assumptions
• This property is intended to be used for conservation purposes, and the potential trailhead for a
future trail system.
• All buildings are currently proposed for demolition. Some wetland restoration will occur along
the edges of the property and a parking area will be developed where the house is located.
• Funding is available for demolition, but no funding yet available for trails or trail improvements.
Significance
• The Larson—Justice House, aka Meers Homestead/M.A. Blouvelt House is listed in the King
County Historic Resource inventory(HRI 1894),and has been determined eligible for listing on
the National Register of Historic Places (Houser letter, 7/11/16).
• The house also appears to be one of the few remaining in King County which used vertical plank
construction.
• The two-story springhouse/water tower just east of the house is also a rare historic resource for
King County, but it is near collapse and cannot be repaired. It is not possible to get close to this
building to do any additional documentation.
Building Site
• Much of the property still conveys a sense of its historic rural character, including a large
deciduous tree in the front yard, rolling pasture,and wetlands to the east.
• The historic house is placed at the top of a hill at the northwest corner of the parcel,with a
commanding view of the rest of the property.
• Remnants of the historic barn southeast of the house are near collapse and cannot be salvaged.
p g
Much of the barn has already collapsed and the debris is covered with blackberry vines.
• A root house is located southeast of the house and is in dilapidated condition. It likely cannot be
salvaged.
Condition of House
• Overall fair condition, with a need for some repair work and maintenance, especially for the
original section of the house. Various additions are in worse condition.
• Gabled roof is nearing the end of its life, but should have a few more years left before
replacement is required. Some evidence of water damage around central chimney.
• Windows are in need of repair, including some missing glass.
• House could be rehabilitated for occupation or another use. Any rehab would likely be more
successful if a couple of the smaller additions are removed.
Building Assessment
Larson—Justice House
• Significant repair/rehabilitation will need to occur inside the house due to damage to finish
materials, and probable need to replace plumbing and electrical systems.
Potential Future Actions
• Restore the house as a museum or interpretive facility for the Historical Society of Federal Way.
However, due to the presence of other historic houses that are managed by the organization,
this seems unlikely.
• Adaptively reuse/rehabilitate the house as a facility associated with the West Hylebos Watershed
Trail project. The house could be used for educational and interpretive purposes,trail visitor
center,or even as temporary housing for visiting scholars, biologists,or environmental
volunteers. Funding for rehabilitation of the house could come from a variety of sources, but
historic preservation funding will be available only if the property is listed on the National
Register of Historic Places, or designated a local landmark via an interlocal agreement with King
County. The most likely options are:
o 4Culture can provide annual funding for planning activities,construction drawings, and
capital improvements through their preservation program, although funding is capped at
$30,000 per application - http://www.4culture.org/preservation/index.htm
o Heritage Capital Projects Funding is available every biennium,and offers a larger amount
per application. However,the application period does not open again until 2018.
http://www.washingtonhistory.org/support/heritage/capitalproiectsfund/
o If the house is adaptively reused as a heritage facility there would also be the opportunity
to access heritage funding from 4Culture - http:/Jwww.4culture.org/heritage/index.htm
• Demolition of the house is currently the most likely scenario. Because of the rarity of this historic
resource, it would be wise for the city to explore options on how to mitigate for the loss. The
Washington Trust for Historic Preservation (WTHP)and the Washington Department of
Archaeology and Historic Preservation DAHP r available to offer suggestions on the best
gy (DAHP) are gg
avenues for mitigation. The most likely options include some combination of the following:
o Preparation of a National Register nomination,or other documentation that includes the
history of the property, its occupants,and the construction method for the house,
including high resolution photographs,site plans,floor plans, and scanned historic
documents.Cost is likely$10-$20k.
o Interpretive signage on-site that would be visible from adjacent trails, and would include
information from the documentation listed above. Cost is likely$3-$10k.
o Offer the house to anyone who is willing to move it to another location and restore it.
While this is an unlikely possibility since the house would not be desirable by most for a
residence, it could make a reasonable guest house or accessory dwelling unit on a
residential parcel. Cost of a move is highly variable depending on lifting of power lines
and width of roadways. A minimum of$50k, but that could easily go over$100k.
2
Building Assessment
Larson—Justice House
Recommendations
If the city would like to explore options for adaptive reuse of the house (King County's preferred action):
1. Convene a gathering of all potential users for the trail system, affiliated organizations,and the
historical society to explore possible uses for the house. If a viable use seems likely, apply to
4Culture for grant funds that can be used for a more in-depth feasibility study.
2. Remove most of the vegetation around the foundation of the house to increase visibility and
reduce the potential for vandals and vermin to cause further damage.
3. Board up first floor windows and secure all doors to limit the potential for further damage from
vandals.
4. Monitor condition of leaks around the chimney(and others as needed),especially during the
winter.
If the city wants to pursue demolition:
1. Confer with WTHP and DAHP about appropriate mitigation options.
2. Engage a historical preservation consultant to prepare necessary mitigation documents.
Contact information for WTHP: Contact information for DAHP:
Jennifer Mortensen Greg Griffith
Preservation Services Coordinator Deputy State Historic Preservation Officer
Washington Trust for Historic Preservation Washington State/Department of Archaeology
1204 Minor Avenue & Historic Preservation
Seattle,WA 98101 Greg.Griffith @dahp.wa.gov
206-624-9449 360-586-3073 (desk)
jmortensen @preservewa.org 360-890-2617 (mobile)
3
Building Assessment
Larson—Justice House
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4