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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 _ , l 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 Page 1 of 7 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, Page 2 of 7 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: Page 7 of 7 A LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE fi �1 I`ll $i ` / 41,`Ji rva't�'�`► OL" %\ k JUSTICE 4 Internet Crimes Against Children Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 1 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 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 Page 2 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such,where any term defined below is capitalized in these Standards,the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards,the Standards are referring to that term as it is used generally in the field of law enforcement. "Affiliate"or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel"are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS"is the Child Exploitation and Obscenity Section of the Criminal Division of the DOJ. "Crime"is any offense (or group thereof)that involves(or involve)the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline"is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconflict"is a process whereby Members are able to submit Investigative information to each other and/or to ICAC-related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ"is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 3 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment"is any device or tool—including but not limited to computers, phones, and online accounts and services--purchased or obtained for use in 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 Page 4 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide administration and operation of ICAC and its Members when working on ICAC-related Investigations and matters. ICAC Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and laws vary widely between jurisdictions—their genesis; methods for their evidentiary pursuit; and their application within court—it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors(e.g., emergency situations;timing constraints; accessibility constraints;resource constraints;technology constraints;perceived conflicts between the Standards and statutes, decisional law, and court orders; 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 Page 5 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children Task Force Program (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 Page 6 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Task Force Program and the administration of ICAC grants is the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency,both Lead and Affiliate,falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency receives a copy of the Standards. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental or Task Force employee assistance programs and services available to them. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 7 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior investigative experience, courtroom testimony skills,technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations and exposure to Images. When practicable,they shall attempt to mitigate the potential effects of the work using, for example,the following techniques: • Work environment considerations — Commanders and Supervisors are encouraged to provide a physical location for the work environment that allows the Investigator to conduct discreet Investigations. • Work flexibility — Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Images (e.g., frequent breaks, having an open-door policy, etc.). • Educating colleagues—Commanders and Supervisors are encouraged to teach their colleagues that the viewing of Images is serious and restricted. • Work with Mental Health Providers (MHP) —In compliance with their agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of Images. • Training--Commanders and Supervisors are encouraged to share or seek out best practices for minimization of the impact of Images and to promote attendance at trainings regarding methods used to minimize said impact. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 8 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training 5.1 Carefully-managed Investigations conducted by well-trained Investigators are among the most effective techniques available to law enforcement for addressing Crime. 5.2 All national training curricula supported by ICAC resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.3 Commanders shall ensure that nominees to attend any ICAC-sponsored national in-person training are current Members. 5.4 Task Forces may develop and deliver Task Force training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force or Affiliate providing the Task Force training. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 9 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk,jurisdiction,known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 10 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi-annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP-designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the 10th of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit information on all cases referred for local, state, or federal prosecution. Information is required for all cases referred by the Lead Agency, as well as all Affiliates that received more than$20,000 a year in OJJDP ICAC funding, and any Affiliate the Commander selects to include. The case reporting requirement is ongoing and begins with the prosecutorial agency the case is referred to and continues through the final disposition of the case. 7.3.1 This ongoing quarterly report shall be submitted within 30 days of the end of the quarter. 7.4 Commanders shall compile and submit an annual report which details each of their Affiliates. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.4.1 The name of each Affiliate Agency. 7.4.2 The staffing level of each Affiliate including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. 7.4.3 This ongoing annual report shall be submitted within 30 days of the end of the calendar year. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 11 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and constitutional requirements. 8.2 Only Sworn Personnel shall conduct Investigations. 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$100k. 2 Building Assessment Larson—Justice House Recommendations If the city would like to explore options for adaptive reuse of the house (King County's preferred action): 1. Convene a gathering of all potential users for the trail system, affiliated organizations,and the historical society to explore possible uses for the house. If a viable use seems likely, apply to 4Culture for grant funds that can be used for a more in-depth feasibility study. 2. Remove most of the vegetation around the foundation of the house to increase visibility and reduce the potential for vandals and vermin to cause further damage. 3. Board up first floor windows and secure all doors to limit the potential for further damage from vandals. 4. Monitor condition of leaks around the chimney(and others as needed),especially during the winter. If the city wants to pursue demolition: 1. Confer with WTHP and DAHP about appropriate mitigation options. 2. Engage a historical preservation consultant to prepare necessary mitigation documents. Contact information for WTHP: Contact information for DAHP: Jennifer Mortensen Greg Griffith Preservation Services Coordinator Deputy State Historic Preservation Officer Washington Trust for Historic Preservation Washington State/Department of Archaeology 1204 Minor Avenue & Historic Preservation Seattle,WA 98101 Greg.Griffith @dahp.wa.gov 206-624-9449 360-586-3073 (desk) jmortensen @preservewa.org 360-890-2617 (mobile) 3 Building Assessment Larson—Justice House .yam, ,. nl '' em . ' ' f Z t .,.kA'ad4'$ D view from right of way South elevation €€ t - m r A q° 9 d * ii7"' ' ' 57(8 West elevation Northwest elevation 4