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PRHSPSC PKT 03-14-2017City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee March 14, 2017 City Hall 5:00 p.m. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: February 14, 2017 B. Amendment No. 2 to License Agreement between Balli Road, LLC and the City of Federal Way C. Agreement with Public Health Seattle & King County D. WebEOC Government Entity User Agreement Presenter Page Action or Info 3 Action Hwang 5 Action Gross 9 Action Gross 31 Action E. 2016 Emergency Management Performance Grant Gross 39 Action F. 2016 Program Year Consolidated Annual Performance & Bridgeford 73 Action Evaluation Report (CAPER) G. Increase to Housing Repair Dollar Limit H. Authorization to Allocate Funds for the Parks, Recreation and Open Space Plan 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS • Festivals 7. NEXT MEETING: April 11, 2017 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore 1 K: \PRHSPS Committee \2017 \03 -14 -2017 Agenda.doc Watson 115 Action Hutton 117 _ Action city staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II Council Date N/A Consent 3/21/17 Consent 3/21/17 Consent 3/21/17 Consent 3/21/17 Public Hearing 3/21/17 Consent 3/21/17 Consent 3/21/17 This Page Left Blank Intentionally City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL CONMMTEE Tuesday February 14, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee member Moore Committee Member Excused: Committee member Assefa- Dawson Council Members in Attendance: Deputy Mayor Burbidge Staff Members in Attendance: Ryan Call, Assistant City Attorney, Yarden Weidenfeld, Senior Policy Advisor, John Hutton, Parks Director, Steve Ikerd, Deputy Parks Director, Chief Andy Hwang, Cathy Schrock, Support Services Manager, and Mary Jaenicke, Administrative Asst. H. Guests: Bob Woolley, LJRCC Chair Koppang called the meeting to order at 5:00p.m. Commission Comment: None Approval of Minutes Committee member Moore moved to approve the January minutes as corrected, Chair Koppang seconded the motion. Motion passed. BUSINESS ITEMS Agreement with Public Health Seattle/King County to Provide Distracted Driving Enforcement Funding Chief Hwang provided the background information. This is a grant in the amount of $5,000 for the distracted driving enforcement campaign. This enforcement will take place in the month of April for a two week period. They will also use $1500 from the Nick and Derek DUI and Distracted Driving Program. The $6500 will pay for overtime costs incurred for the officers on the special emphasis patrol. Committee member Moore moved to forward the proposed Public Health Agreement for Distracted Driving Funding to the February 21, 2017, City Council consent agenda for approval. Chair Koppang seconded. Motion passed. The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services Ms. Schrock provided the background information. This is a contract for the year 2017. The only change in the contract is a 1.7% increase. They will receive the same level of services. The department uses the Pierce County Humane Society because they provide the best service. There are very few shelters that are in close proximity. Committee member Moore inquired if Pierce County was a kill shelter. Ms. Schrock answered that yes they are, but they only euthanize when they have to. Mr. Call also stated that the city requires using a shelter that offers euthanizing services;. by law some dogs need to be euthanized. Committee member Moore moved to forward the Human Society for Tacoma and Pierce County Agreement for Shelter and Related Services to the February 21, 2017 Council consent agenda for approval. Chair Koppang seconded. Committee member Moore asked for clarification on what the related services are. Ms. Schrock answered that they include things such as licensing and veterinary services. Motion passed. Henderson Partners, LLC Retainne Release Mr. Ikerd provided the background information. Henderson Partners is the contractor that installed the spray park. The amount of the contract was $234,76$.00, and the amount of the retainage to be released is $10,720.00. The request for release was delayed due to the fact that there were still some items that K:\PRHSPS Committee\2017102 -14 -2017 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, February 14, 2017 Summary Page 2 needed to be completed. Committee member Moore moved to forward the acceptance of the Henderson Partners, LLC contract as complete and forward the authorization of staff to release their $10,720.00 retainage to the full Council February 21, 2017 consent agenda for approval. Chair Koppang seconded. Motion passed. Arts Commission 2017 Work Plan Mr. Hutton provided the background information. The work plan was presented at the January PRHSPS Committee meeting, and staff was asked to make a small revision, and come back to the February meeting. The language that was added is "emphasis on multi - cultural diversity ". Committee member Moore moved to forward the Arts Commission 2017 Work Plan to the February 21, 2017 consent agenda for approval. Chair Koppang seconded. Motion passed. PUBLIC COMMENT Mr. Woolley reported that he has had good meetings with Mr. Weidenfeld, and that Mr. Weidenfeld has immersed himself in the Lake Jeanne situation. Mr. Woolley stated that his litigation before the Hearing Board was denied. He has appealed the denial for reconsideration, and it also was denied. This allows Mr. Woolley to appeal to the Supreme Court in the county of his choice, and he is going to do that. His appeal is being filed on Friday. COUNCIL DISCUSSION ON EMERGING ISSUES Committee member Moore stated that the Caregivers do community suppers for people in poverty and the homeless. The Monday night suppers were being held at the Steel Lake Presbyterian Church, and that Church has been sold. They are looking for a location to hold the Monday night suppers. One of the locations being looked at is the Brooklake Community Center. Committee member Moore stated that they have spoken with 16 churches and none of them are available, and it's looking like Brooklake is the only solution. The Caregivers would be bringing their own supplies to Brooklake. Deputy Mayor Burbidge stated that she understands the importance of the suppers, but she is concerned with the facilities at Brooklake. There are still a lot of unanswered questions. Committee member Moore stated that Brooklake is not a permanent solution for the Caregivers, but it will meet the need right now, and the Caregivers will continue to look for a permanent location. Deputy Mayor Burbidge stated that a long range plan for Brooklake has not been decided and she is concerned about investing a significant amount of money in a facility for a program that may not be permanent. Committee member Moore stated that there is work currently being done on the building for the mothers and children initiative, and he would like the building to be more widely used. Mr. Hutton added that there are many stakeholders that want to have input into long range plan for Brooklake. Committee member Moore would like an update on the Day Center at the next committee meeting. Mr. Watson will contact Chair Koppang regarding this. NEXT MEETING March 14, 2017 ADJOURNMENT Meeting_ adjourned at 5:35p.m. COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT No. 2 TO LICENSE AGREEMENT BETWEEN BALLI ROAD, LLC AND THE CITY OF FEDERAL WAY. POLICY QUESTION: Should the City of Federal Way sign Amendment No. 2 to License Agreement between Balli Road, LLC and the City of Federal Way? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: March 14, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT BRIGS SCHULZ _ _ u DEPT: Police 4 Attachments: 1. PRHS & PS Memo 2. Amendment No. 2 to License Agreement Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1— Sign Amendment No. 2 to License Agreement MAYOR APPROVAL: IRECTOR APPROVAL: ommitte until ��7 Wtial/Date Initial /Date Initia]/Date COMMITTEE RECOMMENDATION: "I move to forward Amendment No. 2 to License Agreement between Balli Road, LLC and the City of Federal Way to the March 21, 2017, Consent Agenda for approval" Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 2 to License Agreement between Balli Road, LLC and the City of Federal Way and authorize Mayor Jim Ferrell to sign said Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCEL BILL # ❑ DENIED Is7 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # 6i CITY OF FEDERAL WAY CITY COUNCIL CONMTTEE STAFF REPORT DATE: March 14, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor, FROM: Andy J. Hwang, Chief of Police SUBJECT: Amendment No. 2 to License Agreement between Balli Road, LLC and the City of Federal Way The City of Federal Way / Federal Way Police Department has had a License Agreement with Balli Road, LLC for the Police Department's Downtown Substation since January 22, 2014. The Downtown Substation is used by both the FWPD Traffic Unit and our Special Operations Unit to cover the downtown core area. The City will pay Balli Road, LLC $3,500 in rent each month. 1 6 AMENDMENT NO. 2 TO LICENSE AGREEMENT BETWEEN BALLI ROAD, LLC and THE CITY OF FEDERAL WAY THIS AMENDMENT (Amendment No. 2) is made this 1st day of February, 2017 by and between BALL[ ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as "Licensor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as "Licensee ". Licensor and Licensee for valuable consideration and by mutual consent agree to amend the original License Agreement ( "Agreement") for police office space dated January 22, 2014, as amended by Amendment No. 1, as follows: WHEREAS, Licensor is the owner of certain real property that includes office space containing fixtures and equipment located at 31620 23`d Ave S, Suite 102, Federal Way, Washington 98003 (the "Property "); and WHEREAS, the City's Police Department needs an indoor facility to use as a downtown substation; and WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use subject to certain conditions; and WHEREAS, the City's Police Department occupied the office space beginning February 1, 2014; and WHEREAS, Licensee desires to. use the Property, subject to the terms and conditions provided for herein. The parties extended the lease term on January 26, 2015 to terminate January 31, 2017. NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged and the terms of which are hereinafter outlined, the parties agree to the following amendments: The License Term shall be amended to remain in effect until December 31, 2018. 2. Licensee shall pay Licensor rent in the amount of $3,500 per month commencing February 1, 2017 for use of the Property during the amended term of this Agreement. 3. Licensor may not terminate this Agreement early for any reason. Upon natural termination of this License on December 31, 2018, Licensee shall quietly and peaceably surrender the Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature, survive termination, including, without limitation, the terms that govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival provision, will survive any termination or expiration of this Agreement. 4. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows: LICENSOR: Balli Road, LLC c/o Power Property Consultants, Inc. 31620 23`d Ave S #200 Federal Way, WA 98003 Attn: John Hunt Tel.: 253 - 214 -2141 7 LICENSEE: Federal Way Police Department Attention: Chief Andy Hwang 33325 8th Avenue S Federal Way, WA 98003 Tel.: (253) 835 -6701 5. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Agreement, 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 Agreement, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Agreement, which is binding on the parties to the License. IN WITNESS WHEREOF, Licensor and Licensee have executed this Amended Agreement as of the date and year first set forth above. LICENSEE: CITY OF FEDERAL WAY By: Jim Ferrell, Mayor ATTEST: Stephanie Courtney, CMC, City Clerk LICENSOR: BALLI ROAD, LLC By: Patrick Rhodes, Manager STATE OF WASHINGTON ) ss. COUNTY OF ) APPROVED AS TO FORM: J. Ryan Call, Acting City Attorney On this day personally appeared before me Patrick Rhodes, to me known to be the Manager of Balli Road, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and official seal this day of 2017. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 28 COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH PUBLIC HEALTH SEATTLE & KING COUNTY POLICY QUESTION: Should the City of Federal Way enter into an agreement with Public Health Seattle & King County for emergency use of the City of Federal Way Community Center. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: March 14, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY Ray Gross, Emergency Manager DEPT: Emergency Management Attachments: Agreement and Regional Coordination Framework Options Considered: Option 1. Approve entering into an agreement with Public Health Seattle & King County Option 2. Do not approve entering into an agreement with Public Health Seattle & King County and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, to enter into an agreement with Public Health Seattle & King County. MAYOR APPROVAL' .0 1 a Co o DIRECTOR APPROVAL: C cif initial/Date Initial/Date Initiamate COMMITTEE RECOMMENDATION: I move to forward the agreement with Public Health Seattle & King County to the March 21". 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of (BELOWTO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 13 DENIED lsr reading 13 TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) RESOLUTION # REVISED - 11/2016 RESOLUTION # This Page Left Blank Intentionally 10 PHSKC # Agreement between Public Health — Seattle & King County and the City of Federal Way This agreement is made and entered into between Public Health- Seattle and King County (PHSKC) and the City of Federal Way (CoFW) as Subscribing Organizations to the Regional Coordination Framework (RCF) and the companion "Agreement' that covers the legal and financial aspects of resource sharing and cost recovery. Both PHSKC and the CoFW have signed the Agreement, incorporated herein as Attachment 1, for organizations participating in the RCF. This agreement is governed by the terms of the Agreement. If PHSKC and the CoFW sign an instrument in the future that replaces the Agreement, this MOU will continue to apply and will be governed by the terms of the replacement instrument unless terminated pursuant to Section VIII. The Agreement defines the responsibilities of PHSKC as a "Requester" and the CoFW as a "Responder" in an incident. I. Introduction In a large to catastrophic disease outbreak, bioterrorist attack, natural or human- caused disaster, PHSKC would serve as a primary organization for the medical response in King County, as designated in Emergency Support Function (ESF) 8 of the of the King County Comprehensive Emergency Management Plan. The response could include vaccinating and/or dispensing medication to large numbers of people, sheltering and providing care for patients with medical needs or operating a family assistance center. PHSKC may need to operate temporary sites where large numbers of people can be served. The CoFW owns /leases facilities that would be appropriate temporary sites. The purpose of this agreement is to designate the facilities, define a method for developing a security plan, define the terms for initiation of use of the facilities, and establish the responsibilities of each organization during an incident. Unless otherwise agreed, PHSKC will request use of the CoFW facilities only during a large or catastrophic incident requiring a medical response. Use of the facilities will occur based on mutual agreement, as outlined in Section IV of this agreement. The CoFW will act in good faith to implement as much of this agreement as possible. Depending on the severity of an event and physical impact to the infrastructure of the CoFW facilities, the CoFW will implement the terms of this agreement to the best of its ability. Nothing in this plan should be construed as independent of or bypassing regular emergency management procedures or the provisions of county or state declarations of emergencies. II. Designated Facilities The CoFW will make reasonable efforts to make available the following facilities for use to support ESF -8 Health and Medical response operations: Federal Way Community Center 876 S 333" Street, Federal Way, WA 98003 Agreement between 11 Page 1 of 4 PHSKC and CoFW PHSKC # These facilities are available for use at any time of the year and could be used 24 hours /day, if necessary. Other CoFW facilities may be available at the time of an event. At such time, the CoFW will be flexible and work with PHSKC to offer facilities that meet mutual needs. III. Security Plan PHSKC and CoFW will cooperate to assess security issues pertinent to each designated facility and complete a Security Plan for each facility. The Security Plan(s) will be reviewed annually by both parties and updated as necessary. IV. Notification of Initiation of Use of Facilities Use of the facilities would be triggered by a large to catastrophic disease outbreak, bioterrorist attack, natural or human - caused disaster that impacts the public's health and necessitates the activation of facilities to support the regional public health and medical response. PHSKC will request use of the designated facilities at least 24 hours prior to start of use. The CoFW will provide confirmation to proceed as soon as possible after receiving the request. PHSKC will specify as soon as possible after making the request to use the facilities: • the anticipated duration of the response • the anticipated hours of operation V. Responsibilities of PHSKC ESF 8 of the King County Comprehensive Emergency Management Plan under outlines the responsibilities of PHSKC during a large scale disaster. The outlined responsibilities include coordination of mass immunization and dispensing programs, sheltering people with medical needs or operating family assistance centers. Should a response operated by PHSKC at the facilities designated by the CoFW occur, PHSKC will be responsible for: • Set up and operate Incident Command • Manage public information activities • Provide computers • Administer data management activities • Coordinate communication with city, county, state, and federal agencies, as needed • Provide instructions for set up of facilities • Provide all vaccines, supplies and equipment needed for operations • Provide staffing for delivery of vaccinations and/or dispensing of medication • Provide clinical staff, if needed • Arrange for food service for staff and patients • Dispose of biomedical waste • Conduct post utilization decontamination Agreement between laage 2 of 4 PHSKC and CoFW Should City facilities be activated by PHSKC, CoFW will: • Cancel events scheduled for facilities • Provide internet connectivity as identified in the Site Security Plans to the best of its ability • Assist in set up of facilities based on instructions from PHSKC to the best of its ability • Ensure availability of parking identified in the Site Plans • Ensure availability of equipment identified in the Site Plans to the best of the CoFW ability • Arrange for maintenance of equipment identified in the Site Plans during response operations , if needed • Ensure continuation of janitorial services to the best of its ability VII. Cost and Payment The CoFW shall provide the facilities without rental cost to PHSKC for a period of 72 hours from the period of initial access. After which time, and for the reaming duration of the event, PHSKC agrees to pay full market rate. PHSKC agrees to pay the CoFW for valid and invoiced "assistance costs" consistent with the procedures and definitions outlined in the Agreement. VIII. Term and Termination This agreement is effective upon signature by both parties. Either PHSKC or the CoFW may terminate this agreement with written notification to the other no less than thirty (30) calendar days. [signature page to follow] Agreement between 13 Page 3 of 4 PHSKC and CoFW IX. Contacts The contacts for PHSKC are: Carina Elsenboss Preparedness Director, Public Health Preparedness Section 401 Fifth Ave. Ste. 1300 Seattle, WA 98104 206 - 263 -8722 carina.elsenbossgkingcounty -go v The contacts for the CoFW are: John Hutton Parks Director City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 24 HR Cell: 206 -943 -1400 24 HR E -mail: john.hutton @cityoffederalway.com Office: 253- 835 -6910 PHSKC # Doug Nelson Recreation Manager City of Federal Way 876 S 333rd Street Federal Way, WA 98003 24 HR Cell: 253- 261 -1686 24 HR E -mail: doug .nelson @cityoffederalway.com Office: 253- 835 -6930 Priority notification to implement facility use is through the Parks Director as listed above. X. Signatures Public Health — Seattle & King County City of Federal Way of Washington Michael Gedeon Chief Administrative Officer Public Health — Seattle & King Date: Agreement between PHSKC and CoFW Jim Ferrell Mayor City of Federal Way of WASHINGTON 33325 8th Avenue South Federal Way, WA 98003 Date: 1$age 4 of 4 12 Pq am i ing County AGREEMENT Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington February 2014 15 Regional Coordination Framework AGREEMENT Updating Process of former "Omnibus Legal and Financial Agreement" As the development of the `Regional Disaster Plan' began in 1999, there was also a need to create a `mechanism to share resources.' The Plan focused on establishing a cooperative and voluntary platform linking private businesses, nonprofit organizations, government agencies, and special purpose districts. A legal document was needed to address emergency assistance covering the legal and financial obligations of partners sharing personnel, equipment materials and/or support during a disaster. Office i Back in 1999 to 2001, legal advisors from King County Prosecuting Attorney's Once and several other public and private entities worked together to frame the appropriate legal and liability language forming the `Omnibus Legal and Financial Agreement.' The Agreement withstood the legal review and approval of many public, private and nonprofit organizations that thereafter signed onto the Plan and Omnibus. As the Plan transitioned and evolved into the `Framework,' the time was also appropriate to revisit the Omnibus. Over the twelve year tenure of the Omnibus, mutual aid methodology and practices had evolved at the regional, State and Federal levels; as well as alterations in �>+ t , to. t Tdarannment A and :, (FFlyf L-/ n,ihlir aggictan arena. L::e l i uti : as -liiei Belli y g. g- - �- i = » __ ce a- - --- In 2012 a subcommittee of the Regional Disaster Planning Work Group began the process to revisit the Omnibus language. The subcommittee existed of legal advisors from King County, City of Auburn and City of Seattle and emergency managers from King County, Seattle, Bellevue, Zone 1, Zone 3 and Washington State. Through several meetings leveraging the guidance and expertise of the legal and mutual aid subject matter experts involved, the subcommittee finalized the current draft of the `AGREEMENT for Organizations Participating in the Regional Coordination Framework for Disasters and Planned Event for Public and Private Organizations in King County, Washington.' A large percentage of the original language has stayed the same with a few language and terminology updates. The key areas of adjustment include: New Changes Document re- titled to `Agreement' — simpler title; Replaced `Omnibus Legal and Financial Agreement' Replaced `Plan' wording throughout document with `Framework' Replaced `Omnibus' wording throughout document with 'Agreement' Terminology changes made by replacing `borrower' and `lender' with `requester' and ,responder' Adjusted language in `Article I — Applicability' to say "...located in King County. Replaced "...in and bordering eo a hic King County." Updated verbiage in `Article II — Definitions' on `Basic Plan' and `Package' since it is now a `Framework' Cleaned-up language in `Article II —Definitions' on `Emer ency' 2 AGREEMENT, Regional Coordination Framework 16 Regional Coordination Framework AGREEMENT Cleaned -up language in `Article II — Definitions' on 'Emergency Contact Points' Updated respective sections with correct King County Office of Emergency Management address; Former `7300 Perimeter Road' address Updated verbiage in `Article IV — Role of Emergency Contact Point for Signatory Partners Renaming to and cleaned -up language in `Article VI — Payment and Billing'; Formerly titled `Article VI — Payment for Services and Assistance' Cleaned-up language in `Article VIII — Requests for Emergency Assistance' Removed section `IX — General Nature of Emergency Assistance'; Repetitive of existing language Renaming to `Article IX — Provision of Equipment'; Formerly `Article X — Loans of Equipment' Renaming to `Article X — Provision of Materials and Supplies'; Formerly `Article XI — Exchange of Materials and Supplies' Renaming to `Article XI — Provision of Personnel'; Formerly `Article XII — Loans of Personnel' Renaming to and cleaned -up language `Article XII — Record Keeping'; Formerly `Article XIII — Record keeping' Renaming to and cleaned -up language `Article XIII — Indemnification, Limitation of Liability, and Dispute Resolution'; Formerly `Article XIV — Indemnification and Limitation of Liability' Articles following have been renumbered and renamed appropriately 3 AGREEMENT, Regional Coordination Framework 17 Regional Coordination Framework AGREEMENT AGREEMENT for organizations participating in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington Thic AC'- PF=P1,AFNT V'.4nragmant"1 is gntareti into by the nilhlic: and private organizations who become signatories hereto ( "Signatory Partners ") to facilitate the provision of Emergency Assistance to each other during times of emergency. WHEREAS, the Signatory Partners have expressed a mutual interest in the establishment of an Agreement to facilitate and encourage Emergency Assistance r. n r';i ;n ni • nne4 � � r..,� a- . -� Na, U-ItJaI IL5, "� — a WHEREAS, the Signatory Partners do not intend for this Agreement to replace or infringe on the authority granted by any federal, state, or local governments, statutes, ordinances, or regulations; and WHEREAS, in the event of an emergency, a Signatory Partner may need ErnergenCy Assistance in the form of supplemental personnel, equipment, materials or other support; and WHEREAS, each Signatory Partner may own and maintain equipment, stocks materials, and employs trained personnel for a variety of services and is willing, under certain conditions, to provide its supplies, equipment and services to other Signatory Partners in the event of an emergency; and WHEREAS, the proximity of the Signatory Partners to each other enables them to provide Emergency Assistance to each other in emergency situations. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, each Signatory Partner agrees as follows: Article I - APPLICABILITY. A private or public organization located in King County, Washington, may become a Signatory Partner by signing this Agreement and becoming bound thereby. This Agreement may be executed in multiple counterparts. AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Article II - DEFINITIONS. A. 'Assistance Costs' means any direct material costs, equipment costs, equipment rental fees, fuel, and the labor costs that are incurred by the Responder in providing any asset, service, or assistance requested. B. 'Emergency' means an event or set of circumstances that qualifies as an emergency under any applicable statute, ordinance, or regulation. C. 'Emergency Assistance' means employees, services, equipment, materials, or supplies provided by a Responder in response to a request from a Requester. D. 'Emergency Contact Points' means persons designated by each Signatory Partner who will have (or can quickly get) the authority to commit available equipment, services, and personnel for their organization. E. 'King County Emergency Management Advisory Committee ( "EMAC ")' is the Committee established in King County Code 2.36.055. F. 'Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County' ( "Framework ") means an all hazards architecture for collaboration and coordination among jurisdictional, organizational, and business entities during emergencies in King County. G. `Requester' means a Signatory Partner that has made a request for Emergency Assistance. H. 'Responder' means a Signatory Partner providing or intending to provide Emergency Assistance to a Requester. 'Signatory Partner means any public or private organization in King County, WA, that enters into this Agreement by signature of a person authorized to sign. J. 'Termination Date' is the date upon which this agreement terminates pursuant to Article V. AGREEMENT, Regional Coordination Framework 19 Regional Coordination Framework AGREEMENT Article 111 - PARTICIPATION. Participation in this Agreement, and the provision of personnel or resources, is purely voluntary and at the sole discretion of the requested Responder. Signatory Partners that execute the Agreement are expected to: A. Identify and furnish to all other Signatory Partners a list of the Organization's current Emergency Contact Points together with all contact information; and . B. Participate in scheduled meetings to coordinate operational and implementation issues to the maximum extent possible. Article 1V - ROLE OF EMERGENCY CONTAC 7 POINT FOR SIGNAT ORY PARTNERS. Sigr;aty y Dartners agree that their Emergency Contact Points or their designees can serve as representatives of the Signatory Partner in any meeting to work out the language or implementation issues of this Agreement. The Emergency Contact Points of a Signatory Partner shall: A. Act as a single point of contact for information about the availability of resources when other Signatory Partners seek assistance. B. Maintain a manual containing the Framework, including a master copy of this Agreement (as amended), and a list of Signatory Partners who have executed this Agreement. C. Each Signatory Partner will submit its Emergency Contact Information Form to the King County Office of Emergency Management ( "KCOEM "). KCOEM will maintain a list showing the succession in all the Signatory Partners. This list will include names, addresses, and 24 -hour phone numbers of the Emergency contact points (2 -3 deep) of each Signatory Partner. Note: the phone number of a dispatch office staffed 24 hours a day that is capable of contacting the Emergency contact point(s) is acceptable. Article V - TERM AND TERMINATION. A. This Agreement is effective upon execution by a Signatory Partner. AGREEMENT, Regional Coordination Framework 20 Regional Coordination Framework AGREEMENT B. A Signatory Partner may terminate its participation in this Agreement by providing written termination notification to the EMAC, care of the KCOEM, 3211 NE 2nd Street, Renton WA 98056, or by Fax at 206- 205 -4056. Notice of termination becomes effective upon receipt by EMAC which shall, in turn, notify all Signatory Partners. Any terminating Signatory Partner shall remain liable for all obligations incurred during its period of participation, until the obligation is satisfied. Article VI - PAYMENT AND BILLING. a. Requester shall pay to Responder all valid and invoiced Assistance Costs within 60 days of receipt of Responder's invoice, for the Emergency Assistance services provided by Responder. Invoices shall include, as applicable, specific details regarding labor costs, including but not limited to the base rate, fringe benefits rate, overhead, and the basis for each element; equipment usage detail and, material cost breakdown. b. In the event Responder provides supplies or parts, Responder shall have the option to accept payment of cash or in -kind for the supplies or parts provided. c. Reimbursement for use of equipment requested under the terms of this Agreement, such as construction equipment, road barricades, vehicles, and tools, shall be at the rate mutually agreed between Requester and Responder. The rate may reflect the rate approved and adopted by the Responder, a rate set forth in an industry standard publication, or other rate. Article VII - INDEPENDENT CONTRACTOR. Responder shall be and operate as an independent contractor of Requester in the performance of any Emergency Assistance. Employees of Responder shall at all times while performing Emergency Assistance continue to be employees of Responder and shall not be deemed employees of Requester for any purpose. Wages, hours, and other terms and conditions of employment of Responder shall remain applicable to all of its employees who perform Emergency Assistance. Responder shall be solely responsible for payment of its employees' wages, any required payroll taxes and any benefits or other compensation. Requester shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to the Responder's employees. The costs associated with requested personnel are subject to the reimbursement process outlined in Article XI. In no event shall Responder or its officers, employees, agents, or representatives be authorized (or AGREEMENT, Regional Coordination Framework 21 Regional Coordination Framework AGREEMENT represent that they are authorized) to make any representation, enter into any agreement, waive any right or incur any obligation in the name of, on behalf of or as agent for Requester under or by virtue of this Agreement. Article Vill - REQUESTS FOR EMERGENCY ASSISTANCE. Requests for Emergency Assistance shall be made by a person authorized by the Requester to make such requests and approved by a person authorized by Responder to approve such requests. if this request is verbal, it m, st be con fir hied in writing within thirty days after the date of the request. Article IX - PROVISION OF EQUIPMENT, Provision of equipment and tools loans is subject to the following conditions: 1. At the option of Responder, equipment may be provided with an onerat r. See Article Xi for terms and conditions applicable to use of personnel. 2. Provided equipment shall be returned to Responder upon release by Requester, or immediately upon Requester's receipt of an oral or written notice from Responder for the return of the equipment. When notified to return equipment to Responder, Requester shall make every effort to return the equipment to Responder's possession within 24 hours following notification. Equipment shall be returned in the same condition as when it was provided to Requester. 3. During the time the equipment has been provided, Requester shall, at its own expense, supply all fuel, lubrication and maintenance for Responder's equipment. Requester shall take proper precaution in its operation, storage and maintenance of Responder's equipment. Equipment shall be used only by properly trained and supervised .operators. Responder shall endeavor to provide equipment in good working order. All equipment is provided "as is ", with no representations or warranties as to its condition, fitness for a particular purpose, or merchantability. 4. Responder's cost related to the transportation, handling, and loading /unloading of equipment shall be chargeable to Requester. Responder shall submit copies of invoices from outside sources that perform such services and shall provide accounting of time and hourly costs for Responder's employees who perform such services. AGREEMENT, Regional Coordination Framework 10% Regional Coordination Framework AGREEMENT 5. Without prejudice to Responder's right to indemnification under Article XIII herein, in the event equipment is lost, stolen or damaged from the point the Requestor has the beneficial use of the equipment, or while in the custody and use of Requester, or until the Requestor no longer has the beneficial use of the equipment, Requester shall reimburse Responder for the reasonable cost of repairing or replacing said damaged equipment. If the equipment cannot be repaired within a time period required by Responder, then Requester shall reimburse Responder for the cost of replacing such equipment with equipment which is of equal condition and capability. Any determinations of what constitutes "equal condition and capability" shall be at the discretion of Responder. If Responder must lease or rent a piece of equipment while Responder's equipment is being repaired or replaced, Requester shall reimburse Responder for such costs. Requester shall have the right of subrogation for all claims against persons other than parties to this Agreement that may be responsible in whole or in part for damage to the equipment. Requester shall not be liable for damage caused by the sole negligence of Responder's operator(s). Article X - PROVISION OF MATERIALS AND SUPPLIES. Requester shall reimburse Responder in kind or at Responder's actual replacement cost, plus handling charges, for use of partially consumed, fully consumed, or non- returnable materials and supplies, as mutually agreed between Requester and Responder. Other reusable materials and supplies which are returned to Responder in clean, damage -free condition shall not be charged to the Requester and no rental fee will be charged. Responder shall determine whether returned materials and supplies are "clean and damage- free" and shall treat material and supplies as "partially consumed" or "non- returnable" if found to be damaged. Article XI - PROVISION OF PERSONNEL. Responder may, at its option, make such employees as are willing to participate available to Requester at Requester's expense equal to Responder's full cost, including employee's salary or hourly wages, call back or overtime costs, benefits and overhead, and consistent with Responder's personnel union contracts, if any, or other conditions of employment. Costs to feed and house Responder's personnel, if necessary, shall be chargeable to and paid by Requester. Requester is responsible for assuring such arrangements as may be necessary for the safety, housing, meals, and transportation to and from job sites /housing sites (if necessary) for Responder's personnel. Responder shall bill all costs to Requester, who is responsible for paying 9 1 AGREEMENT, Regional Coordination Framework 23 Regional Coordination Framework AGREEMENT all billed costs. Responder may require that its personnel providing Emergency Assistance shall be under the control of their regular leaders, but the organizational units will come under the operational control of the command structure of Requester. Responder's employees may decline to perform any assigned tasks if said employees judge such task to be unsafe. A request for Responder's personnel to direct the activities of others during a particular response operation does not relieve Requester of any responsibility or create any liability on the part of Responder for decisions and /or consequences of the response operation. Responder's personnel may refuse to direct the activities of others. Responder's personnel holding a license, certificaie, Or V f 1V— -pef 11I1t evidencing qualif t cmui 1 ii 1 a pr ofcQsionai, mechanical, or other skill, issued by the state of Washington or a political subdivision thereof, is deemed to be licensed, certified, or permitted in any Signatory Partner's jurisdiction for the duration of the emergency, subject to any limitations and conditions the chief executive officer and /or elected and appointed officials of the applicable Signatory Partners jurisdiction may prescribe in writing. When notified to return personnel to Responder, ;=sequester shall make every effort to return the personnel to Responder promptly after notification. Article XII - RECORD KEEPING. Time sheets and /or daily logs showing hours worked and equipment and materials used or provided by Responder will be recorded on a shift -by -shift basis by the Responder and will be submitted to Requester as needed. If no personnel are provided, Responder will submit shipping records for materials and equipment, and Requester is responsible for any required documentation of use of material and equipment for state or federal reimbursement. Under all circumstances, Requester remains responsible for ensuring that the amount and quality of all documentation is adequate to enable reimbursement. Article XIII — INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISPUTE RESOLUTION. A. INDEMNIFICATION. Except as provided in section B., to the fullest extent permitted by applicable law, Requester releases and shall indemnify, hold harmless and defend each Responder, its officers, employees and agents from and against any and all costs, including costs of defense, claims, judgments or awards of damages asserted or arising directly or indirectly from, on account of, or in connection with providing, or declining to provide, or not being asked to provide, Emergency Assistance to Requester, whether arising before, during, or after performance of the Emergency Assistance and whether suffered by any of the Signatory Partners or any other person or entity. AGREEMENT, Regional Coordination Framework 24 Regional Coordination Framework AGREEMENT Requester agrees that its obligation under this section extends to any claim, demand and /or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, Requester, by mutual negotiation, hereby waives, as respects any indemnitee only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW of the State of Washington and similar laws of other states. B. ACTIVITIES IN BAD FAITH OR BEYOND SCOPE. Any Signatory Partner shall not be required under this Agreement to indemnify, hold harmless and defend any other Signatory Partner from any claim, loss, harm, liability, damage, cost or expense caused by or resulting from the activities of any Signatory Partners' officers, employees, or agents acting in bad faith or performing activities beyond the scope of their duties. C. LIABILITY FOR PARTICIPATION. In the event -of any liability, claim, demand, action or proceeding, of whatever kind or nature arising out of rendering of Emergency Assistance through this Agreement, Requester agrees to indemnify, hold harmless, and defend, to the fullest extent of the law, each Signatory Partner, whose only involvement in the transaction or occurrence which is the subject of such claim, action, demand, or other proceeding, is the execution and approval of this Agreement. D. DELAY /FAILURE TO RESPOND. No Signatory Partner shall be liable to another Signatory Partner for, or be considered to be in breach of or default under, this Agreement on account of any delay in or failure to perform any obligation under this Agreement, except to make payment as specified in this Agreement. E. MEDIATION AND ARBITRATION. If a dispute arises under the terms of this Agreement, the Signatory Partners involved in the dispute shall first attempt to resolve the matter by direct negotiation. If the dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation. Thereafter, any unresolved controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. F. SIGNATORY PARTNERS LITIGATION PROCEDURES. Each Signatory Partner seeking to be released, indemnified, held harmless or defended under this Article with respect to any claim shall promptly notify Requester of such claim and shall not settle such claim without the prior consent of Requester. Such Signatory Partners shall have the right to AGREEMENT, Regional Coordination Framework 25 Regional Coordination Framework AGREEMENT participate in the defense of said claim to the extent of its own interest. Signatory Partners' personnel shall cooperate and participate in legal proceedings if so requested by Requester, and /or required by a court of competent jurisdiction. Article XIV - SUBROGATION. A. REQUESTER'S WAIVER. Requester expressly waives any rights of m J -- L'�L it L......, of nr in subrogation against rcesponuer, whiI .II I �i Qy II VIII account %AJ I16 V1, v1 connection with, Responder providing Emergency Assistance to Requester under this Agreement. B. RESPONDER'S RESERVATION AND WAIVER. Responder expressly reserves its right to subrogation against Requester to the extent Responder incurs any self- insured, seif - insured retention s or deductible loss. Responder expressly waives its rights to subrogation for all insured losses only to the extent Responder's insurance policies, then in force, permit such aNicir. Article XV - WORKER'S COMPENSATION AND EMPLOYEE CLAIMS. Responder's employees, officers or agents, made available to Requester, shall remain the general employees of Responder while engaged in carrying out duties, functions or activities pursuant to this Agreement, and each Signatory Partner shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers' compensation, and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each Signatory Partner shall provide worker's compensation in compliance with statutory requirements of the state of residency. Article XVI - MODIFICATIONS. Modifications to this Agreement must be in writing and will become effective upon approval by a two- thirds affirmative vote of the Signatory Partners. Modifications must be signed by an authorized representative of each Signatory Partner. EMAC will be the coordinating body for facilitating modifications of this Agreement. Article XVII- NON - EXCLUSIVENESS AND PRIOR AGREEMENTS. AGREEMENT, Regional Coordination Framework 26 Regional Coordination Framework AGREEMENT This Agreement shall not supersede any existing mutual aid agreement or agreements between two or more governmental agencies, and as to assistance requested by a party to such mutual aid agreement within the scope of the mutual aid agreement, such assistance shall be governed by the terms of the mutual aid agreement and not by this Agreement. This Agreement shall, however, apply to all requests for assistance beyond the scope of any mutual aid agreement or agreements in place prior to the event. Article XVIII - GOVERNMENTAL AUTHORITY. This Agreement is subject to laws, rules, regulations, orders, and other requirements, now or hereafter in effect, of all governmental authorities having jurisdiction over the emergencies covered by this Agreement or the Signatory Partner. Provided that a governmental authority may alter its obligations under this Agreement only as to future obligations, not obligations already incurred. Article XIX - NO DEDICATION OF FACILITIES. No undertaking by one Signatory Partner to the other Signatory Partners under any provision of this Agreement shall constitute a dedication of the facilities or assets of such Signatory Partners, or any portion thereof, to the public or to the other Signatory Partners. Nothing in this Agreement shall be construed to give a Signatory Partner any right of ownership, possession, use or control of the facilities or assets of the other Signatory Partners. Article XX - NO PARTNERSHIP. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership among the Signatory Partners or to impose any partnership obligation or liability upon any Signatory Partner. Further, no Signatory Partner shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind any other Signatory Partner. Article XXI - NO THIRD PARTY BENEFICIARY. Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. This Agreement shall not confer any right, or remedy upon any person other than the Signatory Partners. This Agreement shall not release or discharge any obligation or liability of any third party to any Signatory Partners. 13 1 AGREEMENT, Regional Coordination Framework 27 Regional Coordination Framework AGREEMENT Article XXII ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and supersedes any and all prior agreements of the Parties, with respect to the subject matters hereof. Article XXIII - SUCCESSORS AND ASSIGNS. This Agreement is not transferable or assignable, in whole or in part, and any Signatory Partner may terminate its participation in this Agreement subject to Article V. Article XXIV - GOVERNING LAW. This Agreement shall be interpreted, construed, and enforced in accordance with the I ... of Washington State. Article XXV - VENUE. Any action which may arise out of this Agreement shall be brought in Washington State and King County. Provided, that any action against a participating County may be brought in accordance with RCW 36.01.050. Article XXVI - TORT CLAIMS. It is not the intention of this Agreement to remove from any of the Signatory Partners any protection provided by any applicable Tort Claims Act. However, between . Requester and Responder, Requester retains full liability to Responder for any claims brought against Responder as described in other provisions of this agreement. Article XXVIi - WAIVER OF RIGHTS. Any waiver at any time by any Signatory Partner of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not constitute or be deemed a waiver with respect to any subsequent default or other matter arising in connection with this Agreement. Any delay short of the statutory period of limitations, in asserting or enforcing any right, shall not constitute or be deemed a waiver. '14 1 AGREEMENT, Regional Coordination Framework 28 Regional Coordination Framework AGREEMENT Article XXVIII - INVALID PROVISION. The invalidity or unenforceability of any provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Article XXIX - NOTICES. Any notice, demand, information, report, or item otherwise required, authorized, or provided for in this Agreement shall be conveyed and facilitated by EMAC, care of the KCOEM, 3511 NE 2nd Street, Renton WA 98056, Phone: 206 - 296 -3830, Fax: 206 - 205 -4056. Such notices, given in writing, and shall be deemed properly given if (i) delivered personally, (ii) transmitted and received by telephone facsimile device and confirmed by telephone, (iii) transmitted by electronic mail, or (iv) sent by United States Mail, postage prepaid, to the EMAC. AGREEMENT, Regional Coordination Framework 29 Regional Coordination Framework AGREEMENT Signatory Documentation Sheet The Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King C� ounty, Washington is intended to be adopted as the framework for participating organizations, within King County, to assist each other in disaster situations when their response capabilities have been overloaded. Components, as of January 2014, are the following: + Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County + Agreement (legal and financial) IN WITNESS WHEREOF, the Signatory Partner hereto has caused this Regional Coordination Framework for Disasters and Planned Events to be executed by duly authorized representatives as of the date of their signature: ORGANIZATION: ADDRESS: AUTHORIZED SIGNATURE: DATE: Please submit this form to the King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 AGREEMENT, Regional Coordination Framework 30 COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WEBEOC GOVERNMENT ENTITY USER AGREEMENT POLICY QUESTION: Should the City of Federal Way enter into an agreement with Washington State Military Department for WebEOC Government Entity use. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: March 14, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Emergency Manager R0- DEPT: Emergency Management Attachments: Agreement Options Considered: Option 1. Approve entering into an agreement with Washington State Military Department for WebEOC use Option 2. Do not approve entering into an agreement with Washington State Military Department and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, to enter into an agreement with Washington State Military Department for WebEOC use. MAYOR APPROVAL: (-A 02/14/ 7 DIRECTOR APPROVAL: imtaMate COMMITTEE RECOMMENDATION: I move to forward fthe agreement with Washington State Military Department for WebEOC use to the March 210 .2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1s7 reading ❑ TABLED/DEFERREDNNO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDh iATNCE # REVISED - 11/2016 RESOLUTION # 31 This Page Left Blank Intentionally 32 MIL# EOC17 -021 WebEOC Government Entity User Agreement Between WASHINGTON STATE MILITARY DEPARTMENT (MIL) and CITY OF FEDERAL WAY (GOV User) This Government Entity User Agreement is entered into by and between the Washington State Military Department (MIL) and City of Federal Way (GOV User) to establish the use, content, and disclosure of documents /data to be shared on the WebEOC server that is maintained by MIL. A. KEY PERSONNEL The individuals listed below shall be considered Key Personnel. The Key Personnel for each of the parties shall be the contact person for all communications regarding the performance of this Agreement. Any substitution of GOV User's Key Personnel must be made by written notification to MIL. U,.,:+., T T Militnry Densrtment Name v _� ©SS Name Debbie Bostwick Title rv�fr �n� -� a ��. Title WebEOC Administrator E -Mail l,,a � �rJ � f�� t� E -Mail debbie.bostwick @mil.wa.gov Phone a 3- 835- R ld Phone 253- 512 -7020 Address 33315' ; 'rh lima K e fcgth Feder` l WAY WA Y�Gti3 Address Bldg 20, MS: TA -20 Camp Murray, WA 98430 -5122 B. DEFINITIONS 1. Emergency Management Division (EMD) Director: The Director of MIL'S EMD, and sponsoring authority for WebEOC. The EMD Director or designee approves requests to become a WebEOC User and revokes such approval, if needed. 2. Governmental Entity User (GOV User): A Washington state agency, local government or federal government entity, that has been authorized use of WebEOC by the EMD Director or designee. 3. User: A Washington state agency, local government, tribe, federal entity, or other entity that has been authorized use of WebEOC by the EMD Director or designee. This definition includes any person (e.g. employee, volunteer, other agencies' employees) the GOV User allows to use its WebEOC user accounts. WebEOC Agreement — GOV User Page 1 of 5 MIL# EOC17 -021 33 4. User's Records: Records that contain data or data that was entered by a User into the WebEOC server. 5. WebEOC Administrator: The position within the MIL responsible for the administration, training, and technical support of WebEOC. The WebEOC Administrator creates User accounts and grants data access permissions based on User credentials. 6. WebEOC Coordinator: Each User will designate a WebEOC Coordinator to provide local administrative and technical support. WebEOC Coordinators will serve as liaisons with the WebEOC Administrator. 7. WebEOC Public Records Coordinator: Each GOV User will designate a WebEOC Public Records Coordinator to accept and comply with the legal requirements of RCW 42.56, the Public Records Act (PRA) for any request received by MIL and sent to the WebEOC Public Records Coordinator for the GOV User's records contained in the WebEOC server. 8. Tier I Service: Access to all WebEOC Boards used in the State EOC. 9. Tier H Service: Access to all WebEOC Boards used in the State EOC, as well as the ability. to use these Boards for local emergency management purposes only. 10. Defense and Hold Harmless: GOV User agrees that it will pay for the legal defense of MIL and assumes responsibility for any and all fees, costs, or penalties imposed against MIL in any disagreement, mediation, or litigation related to the User's search, redaction, withholding, or provision of records retained in the WebEOC server and includes any expenses related to responding to a third party request for an injunction relating to that GOV User's records. All costs, fees, penalties, and expenses will be shared pro rata with any other User whose records are involved in the same allegation or finding. C. CONDITIONS As a condition of being approved as a WebEOC GOV User, the undersigned, as the GOV User's authorized representative, agrees to observe and strictly adhere to the following requirements: 1. Official Business Only MIL maintains a crisis information management system, commonly referred to as WebEOC, available for use by Washington state agencies, local governments, tribes, private entities, and federal entities (Users), as a collaborative tool for managing and sharing emergency management information. The purpose of WebEOC is to provide a network platform for Users to post, receive, share, organize, process, and manage emergency and public safety information from and with the State Emergency Operations Center (EOC) for emergency management purposes authorized under RCW 38.52. No other use shall be permitted, and personal use is prohibited. Users shall have no expectation of privacy in the use of WebEOC. WebEOC User Agreement — GOV User Page 2 of 5 MIL# EOC17 -021 34 2. Tiered Service MIL offers tiered access to WebEOC. Please check the desired level of access below. ❑ Tier I Service: This level gives Users access to all WebEOC Boards used in the State EOC. ❑ Tier II Service: In addition to Tier I functionality, this level gives Users the ability to use all WebEOC Boards at the local level as well, for emergency management activities only. 3. Disclosure of Public Records — Defense and Hold Harmless All information retained on the MIL'S WebEOC server, including information about use of WebEOC or posted by a User onto the WebEOC server, is a public record subject to public disclosure under RCW 42.56, the Public Records Act (PRA). For Tier I records, MIL will process all requests received for WebEOC records in accordance with MIL's Public Records Policy. For Tier II Service, the GOV User agrees to designate a WebEOC Public Records Coordinator to accept and comply with the legal requirements of the PRA and this Agreement for any request received by MIL for the GOV User's records contained in the WebEOC server. When MIL receives a public records request, subpoena, or other demand for records or data on the WebEOC server that was entered or created by the GOV User, MIL's Public Records Officer (PRO) will be responsible for responding to the requestor within five days of receipt of a request, and will coordinate the GOV User's response to the records request administratively only. The GOV User agrees that its WebEOC Public Records Coordinator will accept a request for the GOV User's records from MIL's PRO and will appropriately search, retrieve, redact (if necessary), and supply all responsive records, along with preparation and provision of a complete exemption log, from the WebEOC server to MIL'S PRO for provision to the requestor. The WebEOC Public Records Coordinator will inform MfUs PRO of the reasonable timeframe necessary to provide the records, supply records to MIL's PRO on a coordinated rolling basis, and will meet all deadlines set for response to the requestor. All liability for fees, penalties, and costs, including MIL's and the requestor's attorney's fees due to any finding of a violation of the PRA or any other legal requirement by the GOV User, shall be the responsibility of the GOV User, and the GOV User shall fully reimburse and hold MIL harmless for all such liability. 4. Responsibility for and Audit of User Activities on WebEOC The GOV User is solely responsible for its use and all information it enters, posts or maintains on WebEOC, and ensuring such information and use does not violate state or federal law. MIL does not monitor and is not responsible for such use or information WebEOC User Agreement — GOV User Page 3 of 5 MIL# EOC17 -021 35 entered, posted or maintained on WebEOC; however, all GOV User activity is subject to recording, copying review, and audit by MIL or an authorized designee for unauthorized or illegal activity, and compliance with applicable laws and regulations. 5. Termination of Use MIL reserves the right to terminate use of the WebEOC system and the User account for any reason and at any time within its sole discretion, including, but not limited to, violations of law, this Agreement, operational security, or negligent or unauthorized use. 6. Account Restrictions If the User or MIL determines that use of the WebEOC account violated a law, this Agreement, or operational security, or was for an unauthorized purpose, MIL and the User may agree the User can continue using WebEOC if the User restricts the individual(s) involved from accessing any of the User's account, investigates the violation or unauthorized use, and implements appropriate disciplinary actions, if applicable. 7. Sanctions A violation of law, this Agreement, or operational security involving the use of WebEOC may result in termination of WebEOC access privileges and User Account, referral for appropriate disciplinary action (if applicable), and civil and criminal sanctions as allowed by law. 8. User Accounts and Passwords Each User is assigned an appropriate number of accounts, usernames, and passwords to be used for authentication. Passwords must be kept secret. It is the User's responsibility to protect User passwords. The User will be held accountable for all activity under the User's accounts. If a User account is compromised, the User must report it to the WebEOC Administrator immediately. 9. Report Security Violations If the User becomes aware of any violation of these requirements or suspects that the User's password(s) may have been compromised or acquired by a non -User, it is the User's responsibility to report that information immediately to the WebEOC Administrator. 10. Displaying Information Users are not permitted to display information on, or provide demonstrations of, WebEOC to contractors, vendors, or unauthorized persons at any time. WebEOC is not to be displayed where it could be viewed by unauthorized persons, the general public, or the news media. Refer any such requests to view WebEOC to the WebEOC Administrator. WebEOC User Agreement — GOV User Page 4 of 5 MIL# EOC17 -021 36 11. Demonstrating the Software Users are not permitted to demonstrate the software to unauthorized persons, vendors, contractors, and /or private companies involved in software development. Failure to comply with this requirement is a direct violation of the WebEOC license and may carry civil penalties in addition to resulting in termination of WebEOC access privileges and appropriate disciplinary action. 12. Period of Agreement This agreement shall remain in full force and effect so long as the User has access to or maintains records in the WebEOC server. Users shall direct any questions regarding the proper operation or security of the WebEOC system to the WebEOC Administrator. GOV User's Authorized Representative: I have read and agree to the GOV User Agreement. Organization/Entity: City Of Fe oer- f 1N s+ y Print Name: Rea `/ ro f� Title: twee -G -en Signature: Date: Emergency Management Division Director or Designee: I have authorized the GOV User organization/entity named above to have one or more Washington State WebEOC Accounts. Print Name: Robert Ezelle Title: ENID Director Signature: BOILERPLATE APPROVED AS TO FORM: Dawn C. Cortez (signature on file 11/16/2016) Assistant Attorney General WebEOC User Agreement — GOV User 37 Date: Page 5 of 5 MIL# EOC17 -021 COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT POLICY QUESTION: Should the City of Federal Way accept the 2016 Emergency Management Performance grant award to fund CodeRed the mass notification system. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: March 14, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross Emergency . M . ........ g ..._.._...._. ..._....-- ........_....— _._.... _..__ ---- - . ...... _..— — ------- _— ._.-- - -._.. Attachments: Washington State Military Department Homeland Security Grant Agreement Options Considered: Option 1. Approve the 2016 Emergency Management Performance Grant Option 2. Do not approve the 2016 Emergency Management Performance Grant and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2016 Emergency Management Performance Grant. 00, _ MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the 2016 Emergency Management Performance Grant to the March 21", 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: • APPROVED COUNCIL BILL # • DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2016 RESOLUTION # 39 This Page Left Blank Intentionally 40 Washington State Y o e eKIA ..ni 1r M t - -c CT P= cNFFT 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number. City of Federal Way $37,500 E17 -163 33325 8t' Avenue South Federal Way, WA 98003 -6325 4. Subrecipient Contact, phone /email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ray Gross, 253 -835 -2712 June 1, 2016 August 31, 2017 ray.gross(cD—citvoffederatway.com 7. Department Contact, phone /email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Tirzah Kincheloe, 253 -012 -7456 601- 223 -038 612509901 tirzah.kincheloe0_mil.wa.gov 10. Funding Authority: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: EMS - 2016 -EP -00002501 08/10/2016 97.042 16EMPG 14. Total Federal Amount #: 15. Program Index # & OBJ /SUB -OBJ: 16. TIN: 91- 1462550 $7,254,374 763PT NZ 17. Service Districts: 18. Service Area by County(ies): 19. Women /Minority- Owned, State X 11 NO (BY LEGISLATIVE DISTRICT): 30 Certified ?: N/A King County 1 ❑ YES, OMWBE # BY CONGRESSIONAL DISTRICT): 9 20. Agreement Classification ❑ Personal Services ❑ Client Services X Public/Local Gov't 21. Contract Type (check all that apply): ❑ Contract X Grant X Agreement ❑ Research /Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: X "To all who apply & qualify" ❑ Competitive Bidding 23. Subrecipient Type (check all that apply) ❑ Private Organization /Individual ❑ For - Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization /Jurisdiction ❑ Non - Profit ❑ ❑ Filed w /OFM? ❑ Advertised? ❑ YES ONO ❑ CONTRACTOR X SUBRECIPIENT OTHER 24. PURPOSE & DESCRIPTION: the FY 2016 Emergency Management Performance Grant (16EMPG) is to provide U.S. Department of Homeland The purpose of Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass- through Entity of the 16EMPG Award EMS - 2016 -EP -00002 -S01, which is incorporated in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this for of Federal award funds provided under this Agreement Agreement. The Subrecipient is accountable to the Department use and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); This Agreement Face Sheet; Special Terms & Conditions (Exhibit Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS /FEMA Award and program documents 5. General Terms and Conditions, and, 6. Other of the Agreement incorporated by reference 3. Work Plan provisions WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Richard A. Woodruff, Contracts Officer Jim Ferrell, Mayor Washington State Military Department City of Federal Way BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Signature on File (9/6/2016) Brian E. Buchholz, Assistant Attorney General Applicant's Legal Review Date Form 0511212015 DHS - FEMA - EMPG -FFY 16 Page 1 C32 City of Federal Way, E17 -163 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE 1. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. ci 1QOC:rr1o1Gn1r MILITARY DEPARTMENT Name Ray Gross Name Tirzah Kincheloe Title Emergency Manager Title, Program Coordinator E -Mail ray ctrossCfcityoffederalway -corn E -Mail Phone tirzah.kincheloefcDmil.wa.aov 253-512-7456 Phone 253- 835 -2712 Name` Jim Ferrell Name Sierra Wardell Title'' Mayor Title Section Supervisor E -Mail iim ferrelKc>acityoffederalway.com E -Mail sierra.wardell :miLX& ov Phone 253 - 835 -2402 Phone 253 -512 -7121 Name Name I Dalton Gamboa Title Title Pro ram Assistant E -Mail E -Mail dalton. amboa mil.wa. ov Phone Phone 253- 512 -7044 ARTICLE II. ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS /FEMA applicable to the 16EMPG Program, including, but not limited to, all criteria, restrictions and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMS - 2016 -EP- 00002 -S01, and the federal regulations commonly applicable to DHS /FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment #1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS /FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS /FEMA Preparedness Grants administered by the Department. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 16EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass- through entity by making a subaward to a non - federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 16EMPG funds, including but not limited to those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS - FEMA - EMPG -FFY 16 Page 2 4f232 City of Federal Way, E17 -163 DHS /FEMA applicable to the 16EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMS - 2016 -EP- 00002 -S01 in Attachment #1, and the federal regulations commonly applicable to DHS /FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 16EMPG federal award funds provided to its subrecipient are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment #1 of this Agreement. 2. REIMBURSEMENT & BUDGET REQUIREMENTS a. Within the total Grant Agreement Amount, travel, sub - contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate, but must not exceed the indirect cost rate percentage identified in the Budget (Exhibit E). If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at httpJ /www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A -19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursementssra?mil.wa.gov no later than the due dates listed within the Timeline (Exhibit D), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and /or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. DHS - FEMA - EMPG -FFY 16 Page 34832 City of Federal Way, E17 -163 g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non - federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING REQUIREMENTS a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan activities in the format provided by the Department. b. In conjunction with the next annual grant cycle application process, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. If a Subrecipient will not be applying for grant funding during the next annual grant cycle application process, the Subrecipient will submit a final report with its final reimbursement request to the Department detailing progress on all activities listed in the Work Plan. C. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Exercise and Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act ( FFATA) and related OMB Guidance consistent with Public Law 109 -282 as amended by section 6202(a) of Public Law 110 -252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at httc://mil.wa.gov/emer-Qency- management- division /grants /requiredgrantforms, which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the State Preparedness Report. DHS- FEMA- EMPG -FFY 16 Page 4 0132 City of Federal Way, E17 -163 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non - federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non - federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: a description of the property; the manufacturer's serial number, model number, or other identification number; the funding source for the equipment, including the Federal Award Identification Number (FAIN); Catalog of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. ix. If upon termination or at the Grant Agreement End Date, there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value which will not be needed for any other Federal award, or when original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency or award, the Subrecipient must comply with the following procedures: A. Supplies: The Subrecipient may retain the supplies for use on other non - Federal related activities or sell them, but must compensate the Federal sponsoring agency for its share. B. Equipment: The Subrecipient must dispose of equipment as follows: DHS- FEMA- EMPG -FFY 16 Page 5 qf�32 City of Federal Way, E17 -163 i. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of by the Subrecipient with no further obligation to the awarding agency. ii. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Subrecipient shall compensate the Federal- sponsoring agency for its share. X. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.ciov/authorized-- equipment -list. It is important the Subrecipient and any non - federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program, and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and /or DHS /FEMA adopted standards to be eligible for purchase using Federal award- funds. e. Equipment purchased with DHS federal award funds is to be marked with "Purchased with funds provided by the U.S. Department of Homeland Security" when practicable. f. As a subrecipient of federal funds, the Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non - federal entity to which the Subrecipient becomes a pass through entity by making a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION The Subrecipient shall ensure full compliance with the DHS /FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https: / /www fema gov /office - environmental - planning -and- historic - preservation; FP 108 -023 -1 Environmental Planning and Historic Preservation Policy Guidance at http://www.fema.-gov/media-library/assets/documents/85376; and FP 108.24.4 Environmental Planning and Historical Preservation Policy at https: / /www.fema.gov /media- librarylassets /documents /101537, all of which are incorporated in and made a part of this Agreement. a. Projects that have historical impacts or the potential to impact the environment, including, but not limited to construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS /FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to walls, and training or exercises occurring outside in areas not DHS - FEMA - EMPG -FFY 16 Page 6 gf632 City of Federal Way, E17 -163 considered previously disturbed, also require a DHS /FEMA EHP review before project initiation. b. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and /or historic properties. C. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre - procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non- federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non - federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass - through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the 2 CFR Part 200 Subpart F Audit Certification Form located at htti)://mil.wa.gov/emergency-manag ment- division/grants/requiredglgntforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: L review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, a -mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. on -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non - federal entity to which the Subrecipient makes a subaward as a pass - through entity under this Agreement. DHS - FEMA - EMPG -FFY 16 Page 7 of 32 City of Federal Way, E17 -163 e. Compliancy will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755 - 21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https: / /www dhs gov /guidance- published -help- degartment supported - organizations- provide - meaningful- access - people - limited and additional resources on http: / /www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD) -8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. The Subrecipient agrees that in order to receive Federal Fiscal Year 2016 federal preparedness funding, to include EMPG, NIMS compliance requirements for 2016 must be met. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from the DHS /FEMA, which is provided to assist state, local, and tribal governments enhance and sustain all- hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). 2. A portion of the 16EMPG grant was identified by the state to be passed through to local jurisdictions and tribes with emergency management programs to supplement their local /tribal operating budgets to help sustain and enhance emergency management capabilities under WAC 118 -09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by DHS - FEMA - EMPG -FFY 16 Page 8 41332 City of Federal Way, E17 -163 the Department and incorporated into this Agreement. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 4. The Subrecipient shall provide a fifty percent match of $37,500 of non - federal origin. To meet matching requirements, the Subrecipient cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 5. Exercises that are implemented with EMPG Program funds under this Agreement must meet the requirements of the 16EMPG Program. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. participate in no less than three exercises in a 12 -month period. The Subrecipient will report exercise participation along with the final report. b. complete the following training requirements and record proof of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a subrecipient of 16EMPG Program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 16EMPG Award Letter and its incorporated documents for DHS Grant No. EMS - 2016 -EP- 00002 -S01, which are incorporated and made a part of this Agreement as Attachment #1. DHS -FEMA- EMPG -FFY 16 Page 9 qV2 City of Federal Way, E17 -163 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass- through entity making a subaward to a subrecipient under this Agreement. C. " Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non - federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of " subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. f. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or -oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT ADA OF 1990 PUBLIC LAW 101-336,42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at hiti): / /mil wa gov /emergency- manaaement- DHS- FEMA - EMPG -FFY 16 Page 1 OM 32 City of Federal Way, E17 -163 division /grants /requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non - procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http: / /www.sam.gov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" ( http:// www. ini. wa. gov/ TradesLicensing/ PrevWage/ AwardingAgencies /DebarredContractorsl. The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http / /www des wa gov/ services /Contractin-qPurchasing/ Business /Pages/Vendor- Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub - contracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and /or policies. This obligation includes, but is not limited to: nondiscrimination laws and /or policies, Energy Policy and Conservation Act (PL 94 -163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance. Act, DHS- FEMA- EMPG -FFY 16 Page 1 1c 32 City of Federal Way, E17 -163 (PL 93 -288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203 -5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation; executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub - contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: . 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non - Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. DHS- FEMA- EMPG -FFY 16 Page 12 9%32 City of Federal Way, E17 -163 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the non - Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689 )—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., P. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non - Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and DHS- FEMA- EMPG -FFY 16 Page 13 9832 City of Federal Way, E17 -163 establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient procurement plans and documents, and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this -Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its sub - contractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. DHS- FEMA- EMPG -FFY 16 Page 14 V2 City of Federal Way, E17 -163 This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non - liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non - discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. DHS - FEMA - EMPG -FFY 16 Page 15A32 City of Federal Way, E17 -163 A.20 OWNERSHIP OF PROJECT /CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and /or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records "). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under DHS - FEMA - EMPG -FFY 16 Page 165132 City of Federal Way, E17 -163 this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORKNVORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and /or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and /or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non - federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non - federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non- federal entity" means a State, local government, Indian tribe, institution of higher education, or non - profit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub - contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its sub- contractors. Responses to any .unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): DHS- FEMA- EMPG -FFY 16 Page 173132 City of Federal Way, E17 -163 Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430 -5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to the address listed above. The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program- specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and /or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, DHS- FEMA- EMPG -FFY 16 Page 18 _"32 City of Federal Way, E17 -163 agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience ". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and /or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and /or equipment or supplies provided which are accepted by the Department, (iii) other work, services and /or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and /or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; DHS- FEMA- EMPG -FFY 16 Page 19 y§32 City of Federal Way, E17 -163 c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority -owned and /or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326 -30 -041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS- FEMA- EMPG -FFY 16 Page 20eb32 City of Federal Way, E17 -163 Exhibit C 16EMPG WORK PLAN E ergerwy tAginagemn t Org twn City of Federal Way The purpose of EMPG is to assist with the enhancement, sustainment and imp€€ovement of skate, local, and tribal emergency management programs. Activities conducted using EMPG fundingshould relate directly to the five -elements of emergency management.- prevention, protection, response. recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and yarn, educate the public, train and exercise, plan, and be NIMS compxliant. The Work Plan delineates the Emergency Management organization's emergency management program planning and priority focus forthis grant cycle (to include 16EMPG grant and local funds)_ %xr�rettr�tatarns WORK PLANNED WHY THE WORK pS BEING & NVE RESULT OF THE WORK 1 CEMNET radio system to be operated on To ensure radio equipment is opYeratsonal and loiended outcome is that a successful operation Tuesdays at gain to take part in the weekly staff demonstrate the knowledge and skills to ofthe radio equipment results in a loud and ilea r Washington State CEMNET radio test. operate the radii;, equipment- contact with Washington State EMD. 2 radio system to be operated on To ensure radio equipment is operational and intended oome is that a successful operation outcome Wednesdays at gam to take part in the weekly staff demonstrate the knowledge and. skills to of the radio equipment results in a laud and clear King County 800Mhz radio test. operate the radio equipment contact witli ling County OEM - 3 150MHz radio system to be operated during CERT To ensure radio equipment is operational and Intended outcome is that radio procedures are and EOC drills. staff demonstrate the knowledge and skills to feallowed to ensure information flow into and out The focus is to increase awareness of the CERT operate the radio equipment and relay of the EOG. Radio equipment is operational and program and preparedness along with the information to the EOC in a timeIy accurate way- skill level of operators is acceptable- 4 CrsdeRed conduct training on the use of the To ensure that the data base of the system is Intended outcome is that the system 85 used system for assigned staff. current and obtains at least an I conned rate during drills and planned events,_irr a timely and To keep assigned :staff knowledgeable on the effective waif - Assigned staff are knowledgeable systems use. an the operation of the system and the system is updated when needed. Public outreach WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Conduct 2 aisasters%ademies in September 2016 The focus is to inform the public about have to Intended outcome is that residents learn about and April 7027 and ways to prepare. local hazards and how better to prepare for them and gain life-saving skill sets - 2 nduct CERT trainings on a monthly basis to The focus will be developing a core CERT team Intended outcome is that a reliable team of those who have completed the FEMA online CERT that demonstrates skill and organizational residents become skilled in life -swung skills [basic coarse. This will involve a focus on a abilities to provide assistance during/after a, outlined in the CERT course - ecific skillset along with a Skill test and drill. major emergency. 3 Take part in the Federal Way Farmers Market The focus is to increase awareness of the CERT Intended outcome is to gain interest and recruit Safety Pay- Emergency Management With CERT program and preparedness along with the people into the CERT program increaskig the volunteers will staff a booth and discuss Emergency Management Division of the City of number of trained CERT volunteers that the ECG, preparedness with the community, hand out Federal Way. could call upon. preparedness information, and recruit for the CERT program_ DHS- FEMA- EMPG -FFY 16 Page 21 bq32 City of Federal Way, El 7-163 V40RK PLANNED WHY THE WORK Is BEING DONE RESULT OF THE WORK eview and update the City of Federal Wa)(s The focus will be in updating the CEMPs ESFs, The intended outcome is to have a cument, ornprehansive Emergency Management Plan. include any NIMS updates and other FEMA or workable, and approved CEMP so that personnel his MI be done via monthly work groups, State guidance recommendations_ are better able to prepare, respond, and recover pplying NIMS requirements and assistance from events and disasters. covided by County and State staff as needed. Update Emergency Support Functions- Update parts or alert andwarnmr. to address WORK PtANNEO on-English speaking populations. RESULT OF THE WORK Ensure ADA Is included. Condudmonthty planning meetings to carry out 2 Greater Federal Way Oversight Meetings: The focus is to build and maintain relationships intended outcome is that meetings we held on a conduct monthly meetings to discuss emergency with local partners ensuring that we have general regular basis to address planning issues, conduct plans and tramings with local partner-, (Federal agreement and understanding about how we may identified training needs, work on needed Way School District; Lakehaven Utility District; operate during / after an emergency. agreements on resource use, and response Federal Way Police, Saint Francis Hospital, South �King Fire). Develop IEMC staff list training work plan, logistics Of exercise travel, and approval training material. Compile feedback and document all acted an suggestions included into 2 SOPS or CEMP. Focus will be on ensuring staff are trained in 3 . iGng County 11 Zone 3 Quarterly M eethV: attend to To represent Federal Way in Zone 3 topics, intended outcome is regular attendance at the disctess topics and concerns that impact face Zone meetings to represent Federal Way on topics of members of King County- concern impacting the Zone or Ung Coufty at large 4 )Gng�&nty Clu�rterly Emergency Managers To represent Federal Way at the County level. intended outcomels, regular attendance at the Meetings: attend to discuss topics and concerns meetings to represent Federal Way on topics of that impact YCirtg County as a region. concern impacting Icing County at large- - Provide feedback forms to be reviewed by Program Ama" DHS-FEMA-EMPG-FFY 16 Page 22832 City of Federal Way, E17 -163 WORK PtANNEO WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Condudmonthty planning meetings to carry out Focus will be ensuring that the logistics oftralrel, Intended Outcome is that 75 selected staff are logistics, training and exercise development in forms, training plan and exercises are signed up and participate in the CS -IEMC in preparation of the Community Specific integrated accomplished. August of 2017. Emergency Management Course (CS -IEMC) in August of 2017 2 - Conduct monthly trainings for assigned staff to Focus will be on ensuring staff are trained in intended outcome is that staff attending the CS- the CS4EMC, NIMS, ICS, EOC operations, plans and what to IEMC are trained in NIMS, KS, EDC operations, - Conduct quarterly workshop to identify areas of expect during the CS-�IEMC- and plans so that a successful outcome is strengths and weaknesses- obtained through a thorough testing Of Plans - Provide feedback forms to be reviewed by without significant findings. oversight Comrnittee. 3 Conduct drills, table tops, and furictioml. Focus will be on staff demonstrating basic intended outcome is that staff perform as trained exercises to ensure staff are ready for CS -IEMC- knowledge of needed skillsets to perform their during disasters/emergency events in accordance Conduct section drills and at least twotable top assigned roles for the EOC, Policy Group, field with plans and developed SOPS. exercises for demonstration of skill retention. personnel, and department operations centers. Develop areas of corrective actions and improvement plan. DHS-FEMA-EMPG-FFY 16 Page 22832 City of Federal Way, E17 -163 Exhibit D TIMELINE IFFY 2016 Emergency Management Performance Grant Program DATE TASK June 1, 2016 Grant Agreement Start Date April 30, 2017 Submit reimbursement request August 31, 2017 Grant Agreement End Date October 15, 2017 Submit final reimbursement request, additional reports, and /or deliverables. DHS- FEMA -EMPG -FFY 16 Page 2332 I City of Federal Way, E17 -163 BUDGET FFY 2016 Emergency Management Performance Grant Program 16EMPG AWARD $ 37,500.00 SOLUTION ARFA rATFAnRY Exhibit E EMPG AMOUNT MATCH AMOUNT Z Z Z CL Salaries & Benefits Overtime /Ba ckfi I l Consultants /Contractors Goods -& Services Travel /Per Diem Subtotal $ $ $ $ $ $ _ - - - - $ _ $ _ $ $ - $ ' $ - Z Z ID 0 O Salaries & Benefits Overtime /Ba ckfi l I Consultants /Contractors Goods & Services Travel /Per Diem Subtotal $ $ $ $ $ - - - 37,500 37,500 $ 138,936 $ ' $ - $ - $ 138,936 w `n w W Salaries & Benefits Overtime /Backfill Consultants /Contractors Goods & Services Travel /Per Diem Subtotal $ $ $ $ $ - - - - $ - $ - $ - $ - - tD Z Z Salaries & Benefits Overtime /Ba ckfi I I Consultants /Contractors Goods & Services Travel /Per Diem Subtotal $ $ $ $ $ $ - - - - $ - $ $ ' $ - $ $ - wU Equipment Subtotal $ $ $ $ Q 66 Salaries & Benefits Overtime /Ba c kfi I I Consultants /Contractors Goods & Services Travel /Per Diem Subtotal. $ $ $ $ $ $ - - - - - $ ' $ - $ $ - $ $ - ndi rect 0% $ $ - TOTAL Grant Agreement AMOUNT: $ 37,500 $ 138,936 • The Subrecipient will provide a match of $37,500, 50% of the total project cost (local /tribal budget plus EMPG award), of non - federal origin. • Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 763PT — EMPG DHS -FEMA- EMPG -FFY 16 Page 24gh32 City of Federal Way, E17 -163 Attachment #1 16EMPG Award Document EMS - 2016 -EP- 00002 -S01 :4warct ie;lt�r .. U.S. Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA 98430 - 5122 Re Grant No.EMS- 2016 -EP -00002 Dear Bret Daugherty Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Emergency Management Performance Grants has been approved in the amount of 87,254,374.00. As a condition of this award, you are required to contribute a cost match in the amount of 87,254,374.00 of non - Federal funds, or 50 percent of the total approved project costs of 814,508,748.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Emergency Management Performance Grants Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this, award. in order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https:Hportal.feMa.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub - menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 3: Chick the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at hV. / www.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help use to make the necessary updates and avoid any interruptions in the payment process. CHRISTINE JONIENTZ TRISLER DHS- FEMA- EMPG -FFY 16 Page 259632 City of Federal Way, E17 -163 GRANTEE: PROGRAM: AGREEMENT NUMBER: Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XI Article XI II Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Emergency Management Performance Grants Washington Military Department Emergency Management Performance Grants E M S- 2016 -E P- 00002 -S01 TABLE OF CONTENTS Use of DHS Seal, Logo and Flags USA Patriot Act of 2001 Universal Identifier and System of Award Management (SAM) Reporting of Matters Related to Recipient Integrity and Performance Rehabilitation Act of 1973 Trafficking Victims Protection Act of 2000 Terrorist Financing SAFECOM Reporting Subawards and Executive Compensation Procurement of Recovered Materials Patents and Intellectual Property Rights Notice of Funding Opportunity Requirements Non - supplanting Requirement Lobbying Prohibitions Limited English Proficiency (Civil Rights Act of 1964, Title VI)' Hotel and Motel Fire Safety Act of 1990 Fly America Act of 1974 Best Practices for Collection and Use of Personally Identifiable Information (PII) Americans with Disabilities Act of 1990 Age Discrimination Act of 1975 DHS - FEMA - EMPG -FFY 16 Page 26832 City of Federal Way, E17 -163 Article XXI Article XXI I Article XXI II Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXIII Article XXXIV Article XXXV Article XXXVI Article XXXVII Article XXXVIII Article I - Use of DHS Seal, Logo and Flags Activities Conducted Abroad Acknowledgment of Federal Funding from DHS Federal Leadership on Reducing Text Messaging while Driving Federal Debt Status False Claims Act and Program Fraud Civil Remedies Energy Policy and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Duplication of Benefits Drug -Free Workplace Regulations Debarment and Suspension Copyright Civil Rights Act of 1968 Civil Rights Act of 1964 - Title VI DHS Specific Acknowledgements and Assurances Assurances, Administrative Requirements, Cost Principles, and Audit Requirements Whistieblower Protection Act National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -based Organizations All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or ;reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests ;or reproductions of flags or likenesses of Coast Guard officials. Article 11- USA Patriot Act of 2001 All recipients must comply with requirements of the Unities and Strenathenina America by Providing Appropriate Toots f?equired to fntercept and 'Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. sections1 r5175c Article 111 - Universal Identifier and System of Award Management (SAKI) All recipients are required to comply with the requirements set forth in the government -wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C F R Part 25 Appendix A: the full text of which is incorporated here by reference in the terms and conditions of your award. Article IV - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200 Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article V - Rehabilitation Act of 1973 DHS - FEMA - EMPG -FFY 16 Page 276132 City of Federal Way, E17 -163 .All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, as "amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the :handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article VI - Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended f22 U.S.C. section 7104). The award term is located at 2 CFR section 175.15, the full text of which is incorporated here by reference in the terms and conditions of your award. Article VII - Terrorist Financing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Article Vlll - SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article IX Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170 Appendix A the full text of which is incorporated here by reference in the terms and conditions of your award. Article X - Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and agLovea Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining asatisfactory level of competition. Article XI - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the ayh -Dole Act Pub. L. No. 96 -517 as amended, and codified in 35 U.S.C. section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XII - Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. Article XIII - Non - supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - Federal sources. Article XIV - Lobbying Prohibitions All recipients must comply with 31 U.S.C. section 1352 which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article XV - Limited English Proficiency (Civil Rights Act of 1964, Title VI) DHS- FEMA- EMPG -FFY 16 Page 2809b32 City of Federal Way, E17 -163 All recipients must comply with the Title Vl of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https: //www.dhs. -O guidance - published help department supported - organizations- provide - meaningful- access - people- limited and additional resources on httoJ/www.lep.aov. Article XVI - Hotel and Motel Fire Safety Act of 1990 Yn accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. section 2225a. all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. section 2225. Article WI Flit America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. Article XVIII - Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically- available privacy policy that describes standards on the usage and maintenance of PIi they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Article XIX - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation !systems, places of public accommodation, and certain testing entities. (42 U.S.C. sections 12101 122131. Article XX - Age Discrimination Act of 1976 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code. section 6101 et ,which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance Article XXI - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXII - Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, 'bid invitations, and other documents describing projects or programs funded in whole or in with Federal funds Article XXIII Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Article XXIV - Federal Debt Status All recipients are required to be non - delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article XXV - False Claims Act and Program Fraud Civil Remedies DHS - FEMA - EMPG -FFY 16 Page 2%(9 32 City of Federal Way, E17 -163 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. if, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crclp_ha.dhs.gov or by mail at U.S .Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Article XXXV - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form 4248 Assurances - Non - Construction Programs or OMB Standard Form 424D Assurances - Construction Programs as applicable. Certain assurances in these ,documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 G. F. R. Part 3002. Article XXXVI Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section. 2409, 41 U.S.C. 4712. and 10 U.S.C. section 2324 41 U.S.C. sections 4304 and 4310. Article XXXVII - National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEO) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII - Nondiscrimination in Matters Pertaining to Faith -based Organizations Faith- based organizations are, under 6 C.F_R. Part 19 afforded certain protections as it relates to eligibility to receive financial assistance from DHS for social service programs, or to participate in social service programs administered or financed by DHS. Organizations that receive financial assistance from DHS for a social service program or participate in DHS social service programs have an obligation to comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19, which, among other provisions, prohibit recipient organizations from discriminating against beneficiaries on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; and generally require recipients subject to the rule to provide certain protections, and notice of those protections, to their beneficiaries. Recipients must also comply with any other policies and procedures regarding the participation of faith -based .organizations contained in applicable statutes, regulations, and guidance governing individual DHS programs. DHS - FEMA - EMPG -FFY 16 Page 31 -9632 City of Federal Way, E17 -163 I a. AGREEMENT NO. E MS- 2016 -EP- 00002 -SQ1 6. RECIPIENT NAME ANI ADDRESS Washington Military Department 2. 3. RECIPIENT NO. AMENDM EN191600I G95G NO. 7. ISSUING FEMA OFFICE AND ADDRESS Grant Operations 245 Murray Lane- Building 410, SW 4. TYPE OF 5. CONTROL NO. ACTION FY2016R10EMPG AWARD 8. PAYMENT OFFICE AND ADDRESS Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 Building 20 Washington DC, 20528 -7000 Camp Murray, WA, 98430 - POC: 866 -927 -5646 5122 9. NAME OF RECIPIET, T PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 253 -512 -7121 Central Scheduling and Information Desk Sierra Wardell Phone: 800- 368 -6498 Email: Askcsid@dhs.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 10/01/2015 OF 10/01/2015 09130/2017 PAYMENT Budget Period PARS 10/01/2015 09/30/2017 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON - NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM -XXX 1KXXXXX- AWARD THIS AWARD XXX}£X- XXXX -)U= x ACTION + OR ( -) Emergency 97.042 2016 -EM -Dl ll -R107- $0.00 $7,254,374.00 $7,254,374.00 See Totals Management ! - 4101 -D Performance Grants T©TAIS $0.00 $7,254,374.00 $7,254,374.00 $7,154,374.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NSA 16 a. FOR NON -DI SASTERPROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Sierra Wardell, Preparedness Grants Section Program Manager Wed Aug 24 15:24:50 GMT 2016 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE KIMBERLY PENFOLD , Wed Aug 10 17:43:17 GMT 2016 DHS- FEMA- EMPG -FFY 16 Page 32-pf 32 City of Federal Way, E17 -163 COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) POLICY QUESTION: Should the City Council approve the 2016 Program Year Consolidated Annual Performance and Evaluation Report (CAPER)? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 14, 2017 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Human Services Coordinator DEPT: CD Attachments: 2016 Consolidated Annual Performance & Evaluation Report In 2011, the City of Federal Way became a Community Development Block Grant (CDBG) entitlement community and adopted its first Consolidated Plan for the 2012 -2016 program year period. In August 2014, the City was informed by the U.S. Department of Housing & Urban Development (HUD) that the City should begin to plan for use of the CDBG funding with King County because the City is part of the HOME Consortium, which led to the adoption of a new Consolidated Plan for the 2015 -2019 program year period. The Consolidated Annual Performance & Evaluation Report (CAPER) informs HUD on how the City utilized CDBG funds to meet various goals. The CAPER is required for each year of the Consolidated Plan program period. The 2016 CAPER is for the second program year of the Consolidated Plan program period. The Human Services Commission considered the 2016 CAPER at its regular meeting on Monday, February 27, 2017, and voted 4 -0 to recommend approval of the CAPER. Options Considered: 1. Approve the 2016 Consolidated Annual Performance & Evaluation Report. 2. Do not approve the 2016 Consolidated Annual Performance & Evaluation Report and give staff direction. MAYOR'S RECOMMENDATION: Option 1 en MAYOR APPROVAL: 3 3,/ 7 3 3 DIRECTOR APPROVAL: STAFF: Initial/Date Initial/Date 73 COMMITTEE RECOMMENDATION: I move to forward the 2016 Consolidated Annual Performance & Evaluation Report to the March 21, 2017 City Council agenda for public hearing. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2016 Consolidated Annual Performance & Evaluation Report and authorize the Mayor to execute all documents associated with the Report for submission to the U.S. Department of Housing and Urban Development. " (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 # 74 4 CITY OF Federal Way DRAFT Consolidated Annual Performance . and Evaluation Report (CAPER) for Public Comment PROGRAM YEAR 2016 SECOND PROGRAM YEAR OF THE KING COUNTY CONSORTIUM CONSOLIDATED PLAN 2015-19 Prepared by City of Federal Way C-iommuftl-ty Services WV'Usilaan Oommunfty Deve l"Op-m-w on't Department 75 For more information on the CAPER contact: Si necesita esta informacion en espanol, flame a Jeffrey D. Watson Community Services Manager (253) 835 -2650 ieff.watson@citvoffederalway.com or Sarah Bridgeford CDBG /Human Services Coordinator (253) 835 -2651 Sarah.Bridgeford@citvoffederahvn.com City of Federal Way Community Development Department 33325 8th Avenue South Federal Way, Washington 98003 www.citvoffederalway.com City of Federal Wad Jim Ferrell Mayor City Council Jeanne Burbidge Deputy Mayor Lydia Assefa- Dawson Bob Celski Susan Honda Mark Koppang Martin Moore Dini Duclos 76 Executive Summary The City of Federal Way was able to utilize roughly $3.105 million in CDBG funds to accomplish the following and more: • Progress on the construction of the Performing Arts and Event Center (PAEC) that will help create jobs, expand businesses, and improve the downtown corridor; • Develop the North Federal Way Neighborhood Revitalization Strategy Area Plan that will enable the City to work with residents to improve housing, spur economic growth, and improve infrastructure; • Fulfill the dream of homeownership for a moderate income View of Mr. Rainier on a clear day family; from the Federal Way Community Center. • Assist entrepreneurs with business development assistance resulting in the creation of jobs; • Provide shelter, food, and counseling for homeless women fleeing domestic violence; • Help families remain in their homes and avoid homelessness through emergency rental and utility assistance; and • Provide scholarship assistance for persons with disabilities to take classes that will help them live independently. The Federal Way Day Center provides a place for homeless adults to receive mail, do laundry, prepare simple meals, access computers, and make connections to other resources. The Center was made possible with City general funds, state funds and private donations. Single family home acquired with CDBG funds, rehabilitated with private dollars, and then resold to a moderate - income family of seven in the City of Federal Way. The City, through partnerships and with the use of City general fund dollars, was able to provide affordable housing to over 1600 residents, open a Day Center providing laundry and a host of other services for homeless adults, and develop 216 multi - family units affordable to low income residents. These are just some of the extraordinary accomplishments achieved in 2016. 77 Table of Contents CR -05 - Goals and Outcomes ........................................................................ ............................... 1 CR -15 - Resources and Investments 91.520(a) ............................................ ............................... 5 CR -20 - Affordable Housing- 91.520(b) ......................................................... ............................... 8 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) .................. 14 CR -30 - Public Housing 91.220(h); 91.320(j) .............................................. ............................... 19 CR -35 - Other Actions 91.220(J)-(k); 91. 320( i)-( J) ....................................... ............................... 22 CR -40 - Monitoring 91.220 and 91. 230 ...................................................... ............................... 26 CR -45 - CDBG 91. 520( c) .............................................................................. ............................... 27 Attachments A — PR 26 CDBG Financial Summary Report for Program Year 2016 B — City Council Approval of 2016 CAPER C— Affidavit of Publication for 2016 CAPER Public Comment Period D —Summary of Public Comments 78 CR -05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) During the second program year of the 2015 -2019 Consolidated Plan, the City of Federal Way and community partners successfully utilized federal and local resources to: • Provide 255 persons with disabilities with scholarships and classes to help them live independently; • Further design and construction of the Section 108 funded Performing Arts and Event Center (see picture); • Expand the supply of affordable housing through acquisition, repair, and resale benefiting a moderate - income family of 7; • Preserve and improve the existing housing stock through repair of 8 single - family homes and code compliance corrections of 73 households; • Provide employment services and 67 hours of tutoring to 19 youth, 10 of which were placed in jobs; • Support the City and County efforts to end homelessness by assisting 5 persons fleeing domestic violence with 244 bed nights of shelter, 47 hours of case management, and 489 meals; • Improve the quality of life of 4 drug addicted infants with 135 days of pediatric intensive medical care. All four infants have been weaned from narcotic medicines and are thriving; • Prevented homelessness by assisting 81 individuals with rental assistance; • Expand economic opportunities by the provision of one micro business loan and assisting 84 persons with technical assistance resulting in the creation of 6 new business and jobs; and • Provided 9 persons with disabilities job training and placement assistance. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g). Table 1 Summarizes the outcomes for both program year 2016 and for the Consolidated Plan to date. 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O p ++ on Q O 0 0) +O+ ) > ` V G7 O t Q _ Y U Y t6 c 'V) CL Q- U y CIO ' 4' O L i O •7 E E 1'I) '00 O W COL i 7 Q tom— = = 81 N > CJ m c N CL N L O O V Y cu 3 -0 c 0- v v = Ln V � 3 C N c0 3 � N C Q E � U o c > O O) O c o a) `v > O 0) H of Q 1n Y cu O 4 c �L 0 CZ C1 N - aj L > C: i N 41 H CU L t CL ♦— A N t Y ++E a O 1 E t0 c U fY6 •H1 QJ U 0 E a rn m CL W CL V ID N i N d LL 0 A CR -10 - Racial and Ethnic composition of Persons assisted Describe the Persons assisted (including the racial and ethnic status of persons assisted). 91.520(a) Race /Ethnicity Black or African American American Indian or American Native Multi - Racial # of People % of Assisted CDBG % of City with CDBG Assisted Population 112 24% 9.7% 3 1% .9% 243 52% 6.6% Table 2 —Table of assistance to racial and ethnic populations by source of funds During the program year, CDBG funds assisted 468 persons. 52% of the persons served were multi- racial, 209,o white, 24% African - American, 7% Hispanic, and 2% where Asian. According to the Census, the population in the City of Federal Way is 51.6% white, 16.2% Hispanic, 14.2% Asian, 9.7% African American, and 6.6% are Multi- racial. African Americans and Multi- racial families are disproportionately represented amongst those in need in the City. The City will continue to work with our community partners to ensure culturally appropriate services are provided to meet the needs of our diverse citizens. In addition, we will continue to address barriers that marginalize those most in need from achieving a suitable living environment, accessing economic opportunities, and accessing decent, affordable housing. OMB Control No 2506-0117 (exp. 07/31/2015) City of FecPefbl Way 2016 CAPER Page 4 CR -15 - Resources and Investments 91.520(a) Identifv the resources made available Source of Source Resources Made Amount Expended During Funds $ 3,851.11 Available Program Year Section 108 Loan, Entitlement CDBG Grant & Program Income 3,407,763.11 3,402,240.49 Table 3 — Resources Made Available The City expended about 92% of its available CDBG resources during the second program year of the consolidated plan (2016). This is an improvement over the 22.2% expenditure rate of the first program year. The City expanded its outreach efforts so that during this program year, more CDBG funds were obligated to projects that were completed during the program year. Program Income In addition to the resources made available (see Table in the table above, the City received the following program income during the program year: Program Income Resource Program Description Program Income CDBG Microenterprise Business Loan (IDIS Activity # 63, PY2013, Project ID #10) $ 3,851.11 TOTAL $ 3,851.11 In 2013, the City utilized CDBG funds for a Microenterprise Business Loan program to expand economic opportunities. A loan of $18,500 was awarded to Universal Cartridge LLC for equipment purchase. During the program year, the City received monthly loan payments totaling $3,851.11. These funds were used to support the grant for Highline Community College's Start Zone Project to improve the self - sufficiency of Federal Way residents /business owners by providing educational interventions that are aimed at enhancing small business, self - employment, and micro- enterprise in the City. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 5 dentify the geographic distribution and location of investments Target Area Planned Percentage of Actual Percentage of Narrative Description Allocation Allocation Table 4 — Identify the geographic distribution and location of investments Most of the City's CDBG funding during the Program Year was Citywide except for the following: CDBG City Code Enforcement (Compliance) The CDBG City Code Enforcement (Compliance) program was implemented only in those areas of the City where 51% or more of the residents were low income. (See map, Perecentage of Low to Moderate Income by Block Group for the City of Federal Way). in addition, CDBG Code Enforcement must be in areas of deteriation defined as one or more of the following conditions: • A significant number of documented graffiti tags within the prior year; • A significant number of existing code violations and /or complaints; • The presence of vacant or abandoned buildings as determined by periodic field observations; • The presence of unsafe structures or buildings in severe disrepair affecting the overall appearance of the neighborhood as determined by periodic field observations; • Unkempt outdoor landscaping, trash enclosures or cans, discarded furniture or indoor furniture or appliances being used in the outdoor areas as determined by periodic field observations or complaints; • Deleterious land uses as determined by higher crime area statistics. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe Real Way 2016 CAPER Page 6 The City has other public or private improvements, rehabilitation, or other programs /services that, together with CDBG Code Enforcement, may be expected to arrest the decline in the area: • Housing Repair Program (City's "HRP ") • Graffiti Removal Program • Community Education on Code Enforcement • Other City and community partner investment in redevelopment or rehabilitation projects (e.g., Habitat for Humanity Exterior Housing Repair Program). North Federal Way Neighborhood Revitalization Strategy Area (NRSA) I ne uty also estaousnea a Neighborhood Revitalization Strategy Area (NRSA) Plan for North Federal Way that was approved by HUD late in the 2016 Program Year. Seventy -two percent (72 %) of those living in the NRSA are low- to moderate - income, over half are from a minority group, and a little over a third of the residents are youth under the age of 18. The City will endeavor to bring the North Federal Way community together to collectively design and implement the programs and projects that will address identified needs: pedestrian pathway improvements; housing repair (both multi - family and single - family); economic development (business retention, expansion and job opportunities for residents); youth programs; and improved recreational facilities. In future program years, CDBG funds will be utilized to help North Federal Way become a thriving neighborhood. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 7 Leveraging Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction were used to address the needs identified in the plan. The City was able to leverage $34,736,727.01 in private, state, and local resources. For every $1 in CDBG funds expended during this Program Year, the City leveraged over $15.88 in other funds. Roughly $32.3 million in private funds was utilized to fund projects, the majority of which was for the Section 108 Performing Arts and Events Center. There is no publicly owned land or property located within the jurisdiction that was used to address the needs identified in the plan. CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low- income, low- income, moderate - income, and middle- income persons served. Table 5- Number of Households One -Year Goal Actual Number of homeless households to be provided affordable housing units 0 6 Number of non - homeless households to be provided affordable housing units 0 0 Number of special - needs households to be provided affordable housing units 0 0 Total Table 5- Number of Households Table 6 - Number of Households Supported OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe eral Way 2016 CAPER Page 8 One -Year Goal Actual Number of households supported 0 2,161 through rental assistance Number of households supported 0 216 through the production of new units Number of households supported 0 8 through the rehab of existing units Number of households supported 0 1 through the acquisition of existing units Total Table 6 - Number of Households Supported OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe eral Way 2016 CAPER Page 8 Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City met its goal for the Program Year. With the City's Housing Repair Program, seven households received vital home repairs. Using CDBG funds to acquire a vacant property in Federal way, Habitat for Humanity was then able to rehab the home and resell it at an affordable price to a moderate - income household. Hospitality House provided shelter to six homeless women fleeing domestic violence. Through various partnerships, we successfully provided rental assistance to 2,161 households: • King County Housing Authority (KCHA) provided 1,613 Section 8 Housing Choice Vouchers; • The Multi- Service Center assisted 81 individuals with their emergency program (CDBG funded); • Occupancy of 216 households in a new, affordable, multi- family housing complex funded with Tax Credits; • Habitat for Humanity's acquisition, rehab, and resale program assisted a family of seven with homeownership; • Rehab of 8 homes to maintain the affordability to low income residents; and • 529 households were assisted by Catholic Community Services, St. Vincent de Paul, and Federal Way Community Caregiving Network (all funded with City Human Services General Fund grants). KCHA holds the Moving to Work (MTW) designation and, therefore, has more flexibility in the use of their resources than non -MTW housing authorities. We are fortunate to have a housing authority with such high designation to partner with to provide affordable housing choice to residents. KCHA's goal to expand access to high opportunity neighborhoods has been effective at helping residents with Housing Choice Vouchers relocate to neighborhoods with higher performing public schools and easier,access to employment, and job training opportunities. Through' the Community Choice Program, KCHA provides counseling and services that help families with young children make informed and appropriate choices about new neighborhoods. With the implementation of the new multi- tiered payment standards implemented during the program year, KCHA has enabled Housing Choice Voucher subsidies to reflect the true market rents in our diverse region. Federal Way residents with Housing Choice Vouchers have more affordable housing options since their subsidy is in line with the city's ,current market rental and utility rates. Other Subsidized Multi- family Housing Developments OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 9 Within the past two years, the City has approved the permits for development of three large multi- family housing developments funded with Tax Credits. These developments are or will be affordable to- households at or below 60% of the area median: Project Name Year Completed Units for Employees Rented at 60% of Median Income Rented at 50% of Median Income Total units Park 16 2015 4 271 15 290 Kitts Corner 2016 3 202 11 216 Uptown Square 2017 3 279 15 297 Total °` '` 10 1 752 1 41 1 803 In addition, the City approved the substantial rehabilitation of two large affordable senior housing complexes to preserve the units and permitted the development of a new affordable senior apartment building, all owned and operated by the Senior Housing Assistance Group (SHAG). These actions, while not CDBG funded, have contributed to achieving the City's goal to provide affordable housing for its residents. Below is additional information regarding SHAG communities and recent affordable multi- family housing developments in the City. Senior Housing Assistance Group (SHAG) Properties in Federal Way - Serving the Puget Sound region for over 25 years, SHAG has three senior apartment communities that provide affordable housing options in Federal Way: Celebration Senior Living Meridian Court Willamette Court Park 16 Apartments — Park 16, located just ten minutes from the City's downtown corridor, boasts: • 3 playgrounds; • basketball court; • BBQ/picnic area; • bike storage; • a business center for residents; • clubhouse; • courtyard; • dog park; • fitness center; • hiking trail; OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fed'eia Page 10 Most of the townhouses and flats have balconies with views to adjacent green space or the open space for the senior housing facility next to Kitts Corner. MSC coordinates with property management for workshops and services for residents. The 216 units are a mix of 1 BR /1 BA, 2 BR /2 BA, 3 BR /2 BA, 4 BR /2 BA, and 5 BR /3 BA. Uptown Square —The largest affordable apartment complex developed in the City in over a decade, Uptown Square will provide 297 units comprised of 1 BR /1 BA, 2 BR /2 BA, 3 BR /2 BA, 4 BR /2 BA apartment flats, and 5 BR /3 BA townhomes. The non - smoking, pet - friendly, and energy efficient /water efficient sustainable community is in the heart of the City within walking distance of the Commons Mall, groceries, dining, and movies. Interstate 5 and the City's transit center is less than a mile away. Commercial space is available on the main floor of the buildings along 320th, one of the City's major roadways. Amenities include: • 3 playgrounds; OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 11 • basketball court; • barbecue /picnic area; • bike racks; • clubhouse, • computer lab; • dog park; • garage; • high speed intern • media room; • recreation room; • spa /hot tub; and • a sparkling pool. Property management is should be completed by Spring of 2017 OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe eral Way 2016 CAPER Page 12 Igs Discuss how these outcomes will impact future annual action plans. The City is committed to affordable housing opportunities for residents. The City will continue to invest in the preservation of existing housing, especially for owner - occupied low- and moderate - income residents. During the Program Year, a tax credit apartment complex was completed and the construction of another within the City commenced as Previously mentioned. The City is working with a variety of agencies to ensure any needed services are available to residents of these properties- With the completion and HUD approval of the North Federal Way NRSA Plan, future CAPERS will include programs and projects to address preservation of affordable housing and services to`help residents remain in their housing. Include the number of extremely low - income, low- income, and moderate- income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low - income 141 0 Low - income 300 0 Moderate - income 23 0 Total 464 0 Table 7 — Number of Persons Served The City expended the majority of its CDBG funds during the Program Year to provide assistance to low and very-low income residents. Of the activities required to serve clients that are low- and moderate - income, a total of 441 persons were assisted. (Note that planning and administrative activities are exempt from the low- and moderate income activity calculation). Five percent of those served were moderate - income, 65% were low- income, and 30% were extremely low- income. The City will continue to work with community partners to serve low and extremely low- income residents. In addition, the City will continue partnerships to provide services that help special needs population, (persons with disabilities, homeless, etc.) to live independently. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 13 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs All Home King County Strategic Plan The City is not a direct service provider. However, working with our community partners, the City provides funding to agencies that participate in the All Home King County, the countywide effort to end homelessness. Part of the All Home Strategic Plan is a coordinated entry system where there are regional access points for homeless persons to get immediate assistance including assessment. The regional entry points enable homeless persons to have easier access to assistance. Under the previous system, intakes for assessments were at a few locations. With the regional Homeless Management Information System (HMIS) and the regional coordinated entry system, homeless persons have easier access to intake, assessments, and case management. With the completion of the coordinated entry regional access system, we are hopeful that more homeless in Federal Way will have access to shelters countywide, in addition to immediate case management. One of the City's invaluable community partners, Multi- Service Center (MSC), was appointed one of the regional intake centers. With an on -site food bank, ability for intake, and immediate referral, we are excited about MSC services to assist the homeless in the city and our region. City Homeless Services /Encampment initiative In the Spring of the program year, the City launched the Homeless Services /Encampment Initiative that involved coordination of the City Police Department, Code Enforcement, Community Services, Public Works, Parks and Recreation, and many human services providers. The objectives of the Initiative are three fold: 1. Coordination of service providers from the City and the region; 2. Provide care, compassion, and referral of available services to those in need; and 3. Initiate the cleanup of encampments to address health, safety, environmental concerns, and damage to public and private property. The initiative was launched due the dramatic increase in homeless persons through in the One- Night- Count in January of 2016, where there was a 150% increase in the number of homeless in the City. In addition, there was a homeless encampment fire in the wooded area in March of the program year as OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe eraI Way 2016 CAPER Page 14 well as an increase in encampments throughout the City. Due to health, safety, environmental impact, and property damage in and around homeless encampments, the City began discussions with the community early in the program year resulting in the City's initiative. There were 18 identified homeless encampments within the City during the program year.. When the camp is on public land, people living at the camp are notified that the camp will be closed and given information about various human services including housing, the Day Center, chemical dependency, mental health, shelters, etc. Providers are notified as well so they can provide outreach and intake at the camp before it is closed and cleaned up by the City. If the camp is on private land, city officials notify landowners and inform them that they are not incompliance with city code. Private land owners are provided information about human resources to notify those residing at the camp. South King County Housing and Homelessness Partnership The City is an active participant in the South King County Housing and Homelessness Partnership (SKHHP). This network of municipal land use and human service providers and non- profit housing and homelessness organizations was formed to identify and advocate for the equitable housing and homelessness programs in South King County. SKHHP developed the following priorities to address emergency homeless services in South King County, which includes Federal Way: • Hygiene centers • Safe parking • Severe weather shelters • Mapping available emergency services throughout the region The City of Federal Way did address the prioritized emergency homeless services during the program year. With the City general fund, a State grant, and many contributions from the public, the Federal Way Day Center opened in December of 2016. The shelter is open to homeless women and men during the day with free access to on -site laundry, showers, mail service, computers, a small kitchen to prepare meals, and access to services and referrals. The MSC food bank is just OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 15 across the parking lot. Public Health and community dental health services are within one block of the Day Center. Case Managers and volunteers staff the Center to provide information, connections, and intake. Mobile dental and health vans will provide services to the Center to offer free services to clients. Since opening, 119 homeless clients visited the Day Center. Seventeen homeless clients have been referred to service, 26 have been connected to community partners, and 18 have been placed in shelters. Volunteers have contributed 180 hours to assist visitors at the Day Center. The Center its a pilot program with a two year funding commitment of $100,000 from both the City of Federal Way and the State. Catholic Community Services, the owner and operator of the Center, With the use of volunteers and a countywide fundraising campaign has pledged to continue operations of the Center beyond two years. The concept of Safe Parking, while controversial, is recognized by many homeless providers as emergency housing for homeless individuals and families who utilize their vehicles as shelter. A Walmart in the City allows homeless persons to park their vehicles overnight in the store parking lot and utilize the store restrooms. The 24 -hour store is located in the heart of downtown and in proximity to Pacific Highway (Highway 99), Interstate 5, and public transportation. During the One- Night Count in January of the program year, over 100 vehicles in the Walmart parking lot were occupied by persons believed to be living in their vehicles. Various homeless providers often visit the Walmart parking lot in Federal Way for outreach, intake, and linkages to services. During the program year, both public libraries in the City and the main lobby of the Federal Way Community Center were open to anyone escaping the inclement weather. The libraries with a closing of 9 PM on most weekdays saw an increase in use in October through December, compared to January to February. The Community Center was made available as a warming center on the coldest days or during severe weather. The Center includes a small cafe, fire place, and cafe seating and is open until 9 PM on most weeknights, providing a safe place for persons with access to shelter from the weather during day time hours. City officials are working with service providers for an overnight severe weather shelter. Progress on this endeavor will be reported in future CAPERS. With community partners, mapping of the regional emergency services is underway. The City provides regular updates to the City's website and the countywide information and referral resource line 211 maintains real -time services and programs to aid those in need. The City utilized $12,460 in CDBG funds during the Program Year to provide shelter and case management to homeless women. 47 case management hours included outreach, assessment, and referral were provided to five homeless women in the City. The women also received 489 meals and 244 bed nights of shelter. a1 OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 16 Addressing the emergency shelter and transitional housing needs of homeless persons As previously mentioned, the City spent $12,460 in CDBG funds to assist 5 persons fleeing domestic violence with 244 bed nights of shelter, 47 hours of case management, and 489 meals. The City annually provides general funds to support a variety of human services programs. During the Program Year, the City expended $124,186 in general funds to programs that provided 364 hours of case management, 2,529 shelter bed nights, 7,654 bed nights of transitional housing to 398 households (over 900 individuals). Of the households assisted, 6 families were placed in permanent housing. Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs In addition to CDBG funds, the City provided general funds for homeless prevention including: • $51,872 for programs that provided rent and utility assistance to 444 households to prevent homelessness; • $5,000 for childcare, after school programs, mentoring, education, employment programs, case management, and other services for over 100 youth; • $35,000 for 584 hours of mental health counseling to 126 youth and their families; • $40,178 to provide 27,052 medical service visits to 9,499 individuals and 8,522 dental care visits to 3,117 persons; • $10,000 for 1,275 shelter bed nights for 20 individuals fleeing domestic violence; • $3,000 to assist 575 households with 691 hours of legal assistance to address eviction; • $36,100 to provide 12,823 individuals with 3,624 visits to the food bank; • $5,000 for 35,202 meals for 1,485 Federal Way residents who, without assistance, would not have enough food; • $25,000 to assist 206 persons with sexual assault services; • $9,000 to provide 583 households with 1,694 volunteer hours of housing repair and chore assistance to help older adults and persons with disabilities remain in their homes; • $165,000 during the program year to maintain the public health services at King County Public Health facility located in Federal Way; and • $5,000 to assist 12 households facing domestic violence with 305 hours of counseling (mental health, domestic violence, housing, employment, etc.). OMB Control No: 2506-0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 17 Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Many of the City's funded programs in the previous question provide services to prevent individuals and families who were recently homeless from becoming homeless again. To combat family homelessness, King County Housing Authority expanded its Student and Family Stability Initiative (SFSI) with Highline School District (located in South King County). SFSI is part of our countywide Rapid Re- Housing program that provides homeless students and their families with short-term rental assistance, security deposits, and individualized case management and employment services. SFSI has been effective in stabilizing children in the classroom and reducing school district McKinney -Vento mandated transportation costs. KCHA reserved funding for 90 families during the program year to participate in the SFSI. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe I Way 2016 CAPER Page 18 CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public housing developments, one subsidized housing property, and a moderate income apartment complex within the City limits. The waiting list for public housing is several years long. Waiting list preferences are for those who are homeless or at -risk of losing housing, living in substandard - condition housing, at or below 30% of the area median income (unless you already receive a rental subsidy), and paying more than 50% of household income on rent and utilities. Priority is for families with children, age 55 +, and /or disabled. • Evergreen Court — for families, persons with disabilities, and seniors age 55 +. Unit mix: 22 - 2 BR /IBA, and 8 — 3 BR /1 BA. The garden variety complex is comprised of garden style adjoining bungalows and two -story structures. Evergreen Court is on a quiet cul -de -sac in proximity to the Commons Mall and public transportation (along Pacific Highway South). Amenities include unit laundry hookups and patios. Federal Way Homes — for families, persons with disabilities, and seniors age 55 +. Units: 3 — 3 BR /1BA. The three single - family homes are located on quiet, residential neighborhoods scattered in EF& the Northern parts of the City. Each home features carpeting, washer and dryer hookups, and large yards. Proximity to shopping, transportation, schools, etc., varies. These units are restricted to current Housing Authortity residents in good standing. King Court — for families, persons with disabilities, and seniors age 55 +. Units: 21— 2 BR /1 BA, 9 — 3 BR /1.5BA. Located just minutes from the Commons Mall and other major shopping, the quiet woody streets of Kings Court are three blocks from a major transportation corridor, Pacific Highway South (Highway 99). Amenities include backyard patios, community building with onsite laundry, and a neighborhood park cross across the street. Laurelwood Gardens is a subsidized development complex for families, persons with disabilities, and seniors age 55 +. Laurelwood Gardens is managed by a private company. There are 60 — 2 BR /1BA, 23 — 3 BR /1 BA, and 8 — 4 BR /1.5 BA units. Located within the North Federal Way NRSA, the property is beautifully landscaped and full of amenities. Pedestrian improvements are needed for access to Metro Transit bus routes on Pacific Highway (about five blocks to the West) and S. 288th St. (about eight blocks North) There are limited pedestrian walkways and very low visibility with the winding roadway. Section 8 Housing Choice Vouchers are o� OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 19 accepted at Laurelwood Gardens and there is no waiting list. • Cove East is a moderate- income complex serving families, individuals, persons with disabilities, and seniors age 55 +. Cove East is also managed by a private company. The apartment complex is for those who can almost afford market rate housing. Tenants pay a flat rent; not a percentage of their income. Unit mix: 48 — studio /1 BA, 72 —1 BR /1 BA, 24 — 2 BR /1 BA, and 46 — 2 BR /2BA. According to property management, there are roughly 500 households on the waiting list; about twenty -four months wait for an available unit. During the Program Year, KCHA provided 1,613 Section 8 Housing Choice Vouchers to Federal Way residents. The Voucher program provides a subsidy to low- income households. Participants locate their housing either in the private market or some subsidized properties such as Laurel Gardens and Cove East. The City Community Development Staff are active participants in the South King County Joint Planners and Development Work Group. The Work Group includes KCHA, local jurisdictions, developers, and others who want to affect housing policy, development, and similar issues within the region. City staff continues to support and provide input on KCHA administration, policies, and programs through the Work Group. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City continues to work with KCHA to include residents of public housing and Section 8 Housing Choice Vouchers in KCHA administration and property management. The City supports KCHA Resident Services and their efforts to enroll residents in the Family Self- Sufficiency (FSS) program which includes homeownership opportunities. At the end of the program year, 42 Federal Way residents were active in the FSS program. In addition, 11 Federal Way residents graduated from the FSS program to achieve a myriad of goals including: • One increased earned annual income from zero to over $72,000; • One completed her Bachelor of Science and started work on her Master of Social Work; • One started a Section 3 business (fulfilling their entrepreneurial dream); • _ Three increased their savings; • Two purchased a home (achieving their homeownership goal); • Others enrolled in college and /or technical training program; and • More moved out of KCHA assistance. Residents of KCHA services are encouraged to participate on the KCHA Resident Advisory Committee (RAC). The Committee is representative of residents in a variety of KCHA programs It meets regularly to provide feedback to KCHA officials. The Committee's input helps KCHA develop better policies and OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 20 procedures that impact residents. A voice for resident communities, the RAC meetings are open to the public and are geographically formed to ensure large participation. The North and Eastside RAC meet as one group in the North or East part of the county. The South RAC meets at various sites in the south part of the County. Joint RAC meetings are held at least twice a year at the KCHA administrative building. KCHA management solicits input from the RAC in the development of the Annual Moving to Work report including establishing priorities, ideas on proposed programs and initiatives, and reviewing accomplishments. KCHA is one of only 39 public housing authorities (PHAs) that are part of HUD's Moving to Work (MTW) demonstration program. MTW provides PHAs the opportunity to design and test innovative, locally - designed strategies that use Federal dollars more efficiently, help residents find employment and become self- sufficient, and increase housing choices for low- income families. MTW gives PHAs exemptions from many existing public housing and voucher rules and more flexibility with how they use their Federal funds. KCHA has participated as an MTW agency since 2003. Actions taken to provide assistance to troubled PHAs KCHA is a high performing public housing authority. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 21 CR -35 - Other Actions 91.2200) -(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 0); 91.320 (i) Federal Way Community Development staff meets regularly to monitor regulations, ordinances, policies, zoning, building codes, and development fees to ensure the requirements do not create an unnecessary or extraneous barrier to affordable housing. In addition, the City participates in the South King County Joint Planners and Development Work Group, and the Puget Sound Regional Council (PSRC) to identify and eradicate regional policies that constrain affordable housing. In June of 2016, the City Council adopted a six -month moratorium on the expansion or creation of multi- family housing and senior housing except for duplexes, triplexes, accessory dwelling units, townhouses, and cottage housing. The reason for the moratorium is to give the City Council sufficient time to review the multi - family zoning and development regulations and determine whether they are appropriate for the type of multi - family development the Council envisions for the City, and whether it will meet the needs of population trends. City of Federal Way Affordable Housing Availability 51 -80% (Moderate) 16% 37.2% 24% 26.2% 411%. -4.2% . 30% & Below (Very / 12% J 3.5% 1% 2% Extremely Low) Source: U.S. Census Bureau, 2010 -2014 American Community Survey 5 -year Estimates The Growth Management Act (GMA) requires that the city identify sufficient land for housing, including, but not limited to, government- assisted housing, housing for low- income families /persons, manufactured housing, multi - family housing, group homes, and foster care facilities. It also requires the plan to provide for existing and projected housing needs for all economic segments of the community as illustrated in the table above. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 22 Many of the City's multi- family housing units are more than twenty years old and some are in need of major rehab. This is certainly the case for the majority of the 1273 mobile homes within the City limits. With 82% of the city's multi - family housing affordable to moderate and lower income households, housing preservation is a priority for the City. While the City exceeds the requirements for affordable housing for low- and moderate - income residents, there is still a need to provide housing for very low income groups in accordance with the GMA. With limited land for new development, the need to provide housing for extremely low- income groups and the City's priority to preserve the existing affordable housing, it became imperative for the City to re- evaluate multi - family housing development policies. The City Council extended the multi - family housing moratorium another for another six months towards the end of the program year to enable city officials sufficient time to assess the potential actions presented by Staff to improve the quality of multi- family development. The Federal Way School District, which provides education for Federal Way and some adjacent jurisdictions, increased the school impact fee for multi - family units in Federal Way from $1,834 to $9,273 per unit during the program year. At the same time, the District decreased the fee for King County, including the cities of Auburn and Kent, from $1,834 to $506 per unit. The School District has adopted a school impact fee of $8,836 for multi - family units in all jurisdictions within the school district boundary for 2017. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) During the Program Year, the City utilized CDBG to fund three public services programs that meet the needs of underserved communities: • Inclusion Program received $36,312 to provide 255 persons with disabilities scholarships to take multiple life skills classes that prepare them to live independently; • Homeless Shelter received $12,460 to provide 5 homeless women with 244 bed nights of shelter, 47 hours of case management and 489 meals; and Employment Services Program received $10,383 to assist 9 disabled persons with job readiness and placement assistance. (Photo: Orion Industries is the City's partner in providing employment training and placement assistance to disabled persons). Actions taken to reduce lead -based paint hazards. 91.220(k); 91:3200) All housing rehabilitation projects complied with the lead -based paint requirements. As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 23 Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City provided $175,000 in CDBG funding for housing repair. During the Program Year, 8 residents were assisted roughly $24,095 in CDBG funds provided Emergency rent and utility assistance to 81 low - income persons in the City to help them remain in their housing. Highline Community College received $87,000 in CDBG funds to assist 84 clients with technical assistance that resulted in 6 new businesses and jobs. Actions taken to develop institutional structure. 91.220(k); 91.3200) City staff continued to share information and resources through their attendance at meetings of the South King County Regional Human Services Planner's meetings. The City's Community Services staff continued to meet with Highline Community College SBDC and Start Zone staff to provide technical assistance to entrepreneurs interested in starting new and expanding existing business. CDBG Program staff posted CDBG Program materials and announcements, such as the availability of the Environmental Review Record, Annual Plan, CAPER, and NOFA documents in the local newspaper and on the City's website, www.cityoffederalway.com, and distributed copies of all materials when available to the general public, non - profit organizations, and elected officials. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is comprised of local planners, social service agencies, human services organizations, and public housing authority staff. The purpose of the group is to coordinate efforts to ensure relevant and culturally appropriate human services are made available to those most in need with the region. The City staff will continue involvement with the SKCHS to improve the coordination between public and private housing and social service agencies. During the program year, 3 SKCHS members including the City of Federal Way undertook a pilot funding process to support small organizations that specialize in serving under - served, under - represented, and /or under resourced populations. As part of the pilot process, the participating cities dedicated a small portion of their 2017 -2018 general fund human services budgets for small organizations (budget up to $200,000), that serve racially, ethnically, and disadvantaged residents. Additionally, the pilot process is to help funder in South King County gain a better understanding of the needs of the organizations it is targeting, both from an organizational capacity perspective, and cultural engagement and competency perspective. The cultural competency aspect is about both the funders and the agencies; in order to serve them better, it is important to more fully understand how cities can respectfully engage agencies and how they engage the communities they serve. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 24 The pilot process also incorporates a simplified application process. This pilot process fosters inclusiveness by widening the funding distribution list to provide opportunities to organizations that have historically been left out. The Seattle Foundation joined the partnership to provide matching funds for the organizations that are awarded funding through this pilot. Progress of the pilot funding process will be discussed in future reports. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) During the program year, the City provided $3,000 in general funds to the King County Bar Foundation to support the Pro Bono Services Housing Justice Project and Neighborhood Legal Clinics. The Pro Bono Services (PBS) utilizes volunteer services of roughly 1,300 attorneys to provide free legal services to low- income tenants. Program services include: • Assessments of client's individual legal needs, • Advice and education regarding rights and responsibilities, and • Representation to resolve legal matters. The PBS program thrives to eliminate the barrier of inadequate access to legal assistance for economically disadvantaged and immigrant populations, a barrier identified in the Analysis of Impediments to Fair Housing Choice. As a result of the free legal assistance, the PBS program is able to prevent homelessness, provide family safety and stabilization, and assist marginalized individuals in navigating the legal system as they seek to preserve basic human needs. In addition, the King Bar Association is dedicated to increasing the diversity in the legal profession to ensure clients receive culturally relevant services. Over 540 households (1,434 individuals) were assisted with 691 hours of legal services. More than half of the households assisted obtained counsel and advice, which can be the most effective service because it can prevent an eviction filing. About 30% of households left the program with negotiated settlements, providing clients with extra time to relocate, a payment plan to maintain current housing, or a reduction in the judgement. In cases requiring court action, the Housing Justice Project represented 86 households. In 63 of those cases, the in -court outcome was in the tenants' favor. s-� OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Federal Way 2016 CAPER Page 25 CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements During the program year, all CDBG Public Services programs received an on -site monitoring visit. While most of the programs were meeting goals and maintaining required documentation, some recommendations about processes were recommended as a result of the monitoring. There were no findings or reduction /elimination of sub- recipient funding as a result of the monitoring. Desk monitoring of all CDBG projects and activities was conducted on a frequent basis throughout the program year. The Public Services activities were monitored on a quarterly basis in terms of outcomes, goals, and supporting documentation. Reports were reviewed to ensure that contract targets were being met, demographic information was being collected, and expenditures were reviewed. The remote monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non- compliance. The Housing Repair Program monitored each and every project during the, program year.. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record, on the City's web site, and at the Federal Way branches of the King County Public Library. Citizen comments and suggestions were encouraged regarding development of the Program Year CAPER during the 20 -day public comment period that began Friday February 17, 2017 and ended Friday, March 10, 2017. Citizen comments were encouraged for submission via telephone, letters, email, in person, and mail. The draft CAPER was emailed to many agencies and community partners. Public hearings regarding the CAPER were held at the February 27`h, 2017 Human Services Commission and the City Council meeting on March 21, 2017. The CAPER was posted on the City's website at www.cityoffederalway.com during the public comment period. A hard copy of the CAPER was made available at City Hall and both public libraries in Federal Way. Any ,public comments received will be inserted here. OMB Control No: 2506 -0117 (exp. 07/31/2015) City of Fe era Way 2016 CAPER Page 26 CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. Staff will engage in a marketing effort to promote the two commercial business assistance programs, as well as the City's Housing Repair program. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? T•7 [BEDI grantees] Describe accomplishments and program outcomes during the last year. N/A OMB Control No: 2506 -0117 (exp. 07/31/2015) city of Federal Way 2016 CAPER Page 27 Attachment A PR • CDBG Financial • Report for Program Year 2016 106 PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE -OF- CREDIT 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE * *(Note - PY 2016 Program Income Not Receipted in IDIS) 08 TOTAL AVAILABLE (SUM, LINES 01 -07) PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING /ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW /MOD BENEFIT 11 AMOUNT SUBJECT TO LOW /MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING /ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 'ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES (* *Note - Fees and Interest Payments for Sect. 108 Not Yet Posted in IDIS) 15 TOTAL EXPENDITURES (SUM, LINES 11 -14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW /MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW /MOD MULTI -UNIT HOUSING 19 DISBURSED FOR OTHER LOW /MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW /MOD CREDIT 21 TOTAL LOW /MOD CREDIT (SUM, LINES 17 -20) 22 PERCENT LOW /MOD CREDIT (LINE 21 /LINE 11) LOW /MOD BENEFIT FOR MULTI -YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW /MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW /MOD PERSONS 26 PERCENT BENEFIT TO LOW /MOD PERSONS (LINE 25 /LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 107 0.00 673,912.00 0.00 3,030,000.00 0.00 0.00 0.00 0.00 3,851.11 3,707,763.11 3,339,663.93 0.00 3,339,663.93 57,231.07 0.00 5,345.49 3,402,240.49 305,522.62 0.00 0.00 3,339,663.93 0.00 3,339,663.93 100.00% PY: PY: PY: 0.00 0.00 0.00% 101,086.00 0.00 0.00 0.00 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 101,086.00 32 ENTITLEMENT GRANT 673,912.00 33 PRIOR YEAR PROGRAM INCOME 0.00 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32 -34) 673,912.00 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31 /LINE 35) 15.00% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING /ADMINISTRATION 38 PA UNLIQUIDATEO OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME ** (Note: Program Income received during PY but not receipted in IDIS) 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA AC 1VMES (LINE 41 /LINE 45) LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report Returned no data. LINE 19 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 19 Plan IDIS IDIS Voucher Activity Name Matrix National Year Project Activity Number 5 Code Objective 2014 12 130 5978389 Parkview Homes XII 1 LMC 2014 12 130 5994251 Parkview Homes XII 1 LMC 2014 12 130 6006312 Parkview Homes XII 1 LMC 05B 2016 5 134 5993422 Services /Activities for Disabled Adults Matrix Code 1 01 2013 13 125 5942609 Performing Arts and Events Center (PAEC) 3 LMJFI 2013 13 125 Not yet Performing Arts and Events Center (PAEC) 3 LMJFI posted in IDIS 2013 13 125 Not yet Performing Arts and Events Center (PAEC) 3 LMJFI posted in IDIS 3 2016 6 135 6006312 Homeless Women's Shelter 5 2016 11 137 6006312 Rental Assistance 5 2016 6 135 5993422 Homeless Women's Shelter 5 2016 11 137 5993422 Rental Assistance 5 5 2016 5 134 6006312 Services /Activities for Disabled Adults 05B 2016 5 134 5993422 Services /Activities for Disabled Adults 05B 108 Matrix Code 03 LMC LMC LMC LMC Matrix Code 05 LMC LMC 57,231.07 0.00 0.00 0.00 57,231.07 673,912.00 3,851.11 0.00 677,763.11 8.44% Drawn Amount $50,000.00 $254.64 $10,000.00 $60,254.64 $1,636,000.00 $994,000.00 $295,000.00 $2,925,000.00 $9,606.00 $9,454.84 $2,854.00 $14,640.16 $36,555.00 $9,078.00 $27,234.00 2016 8 138 6006312 Education & Employment Services 2016 9 136 6006312 Employment Services 2016 8 138 5993422 Education & Employment Services 2016 9 136 5993422 Employment Services 2016 10 139 6006312 Pediatric Interim Care 2016 10 139 5993422 Pediatric Interim Care 2012 11 30 5985889 Claxton- 12 -004A 2015 22 128 5985891 Robinson - 2104 SW 306th PI 2016 151 6006399 Kuykendall - 1645 S 272nd St. 2016 150 6005989 Phanivong - 30118 11th PL S 2016 3 127 5985463 Hwang - 30233 3rd Ct S 2016 3 145 5988321 Rettig - 29015 18th Ave S 2016 3 146 5988322 Dickson - 35339 13th PI SW 2016 126 5988316 Housing Repair Admin Cost 2016 126 5988316 Housing Repair Admin Cost 2016 126 6005999 Housing Repair Admin Cost 2016 126 5988318 Housing Repair Admin Cost 2016 126 5988319 Housing Repair Admin Cost 2016 126 5934492 Housing Repair Admin Cost 2016 126 5988317 Housing Repair Admin Cost 2016 7 144 5994251 Code Enforcement 2016 7 144 6006312 Code Enforcement 2016 7 144 5978389 Code Enforcement 2013 10 63 5978389 Microenterprise Business Loans 2016 142 6006312 Small Business Development Center ** Used 2016 142 Program Small Business Development Center Income 2016 140 6006312 StartZone Total 05B Matrix Code 0513 05H LMC 05H LMC 05H LMC 05H LMC 05H Matrix Code 05H 05M LMC 05M LMC 05M Matrix Code 05M 14A LMH 14A LMH 14A LMH 14A LMH 14A LMH 14A LMH 14A LMH 14A Matrix Code 14A 14H LMH 14H LMH 14H LMH 14H LMH 14H LMH 14H LMH 14H LMH 14H Matrix Code 14H 15 LMA 15 LMA 15 LMA 15 Matrix Code 15 18A LMJ 18A Matrix Code 18A 18C LMC 18C LMC 18C LMC 18C Matrix Code 18C LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 109 $36,312.00 $3,161.00 $2,626.50 $9,483.00 $7,756.50 $23,027.00 $1,298.00 $3,894.00 $5,192.00 $5,333.75 $10,000.00 $1,260.48 $13,320.95 $10,000.00 $1,708.20 $6,866.87 $48,490.25 $7,465.69 $16,271.77 $9,465.12 $591.84 $415.00 $5,029.91 $170.73 $39,410.06 $17,199.39 $7,974.04 $48,449.55 $73,622.98 $4,800.00 $4,800.00 $21,148.89 $3,851.11 $62,000.00 $87,000.00 $3,339,663.93 Plan IDIS IDIS Voucher Activity Name Matrix National Year Project Activity Number Code Objective Drawn Amount 2016 6 135 5900394 Homeless Women's Shelter 5 LMC $9,606.00 2016 it 137 5900394 Rental Assistance 5 LMC $9,454.84 2016 6 135 5993422 Homeless Women's Shelter 5 LMC $2,854.00 2016 it 137 5993422 Rental Assistance 5 LMC $14,640.16 5 trix Code $36,555.00 OM5 2016 5 134 6006312 Services /Activities for Disabled Adults 05B LMC $9,078.00 2016 5 134 5993422 Services /Activities for Disabled Adults 05B LMC $27,234.00 05B Code $36,312.00 0Matrix 2016 8 138 6006312 Education & Employment Services 05H LMC $3,161.00 2016 9 136 6006312 Employment Services 05H LMC $2,626.50 2016 8 138 5993422 Education & Employment Services 05H LMC $9,483.00 2016 9 136 5993422 Employment Services 05H LMC $7,756.50 051-1 Matrix Code $23,027.00 2016 10 139 6006312 Pediatric Interim Care 05M LMC $1,298.00 2016 10 139 5993422 Pediatric Interim Care 05M LMC $3,894.00 05M Matrix Code $5,192.00 0 Total $101,086.00 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan IDIS IDIS Voucher Activity Name Matrix National Year Project Activity Number Code Objective Drawn Amount 2016 4 143 5994251 Planning & Administration 21A $37,778.19 2016 4 143 6006312 Planning & Administration 21A $9,014.74 2016 4 143 5978389 Planning & Administration 21A $10,438.14 21A Matrix Code $57,231.07 Total 110 $57,231.07 i IVA, • • i • AL s ill Attachment C Affidavit of Publication City of Federal Way 2016 CAPER 112 Attachment D Pgrl IT, 71-Ma i �-Zlj[:�de1»;7 113 COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INCREASE TO HOUSING REPAIR DOLLAR LIMIT POLICY QUESTION: Should City Council approve an increase in the Housing Repair Program project limit from $10,000.00 per project to $15,000.00 per project? COMMITTEE: PRHSPSC MEETING DATE: March 14, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeffrev Watson DEPT: CD Background: The Housing Repair Program (HRP), which is funded from the Community Development Block Grant (CDBG) program, is intended to help low - and moderate - income homeowners in Federal Way. The HRP started in 2012 with a $5,000 per home repair limit, which was increased in 2013 to a $10,000 per home repair limit. Due to increases in construction costs, the program is finding it difficult to conduct repairs for under $10,000. The HRP policies stipulate that project costs in excess of $10,000 must be paid by the homeowner. For instance, the cost of roof replacements has ranged from $9,500422,000. Such project costs place a burden on low- and moderate - income homeowners, which is counter to the intent of the program, and has in some cases required homeowners to make up the difference of the costs over $10,000. Many homeowners are not able to afford the cost difference and it results in the project not moving forward. Staff is requesting an increase in the per home repair limit, raising the repair limit from the current $10,000 to $15,000 per home. The program is still a zero percent interest, deferred loan that is due upon the sale of the home or no longer in possession of the homeowner. Options Considered: 1. Approve the requested increase to the Housing Repair dollar limit. 2. Do not approve the requested increase to the Housing Repair dollar limit and give staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: � 3 DIRECTOR APPROVAL: II L ? Co tt Council Initial/Date + Initial/Date Initial/Date CHIEF OF STAFF: Conunittee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Increase to the Housing Repair Program Dollar Limit to the March 21, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member 115 PROPOSED COUNCIL MOTION: `I move approval of the increase for the Home Repair Program per home repair limit to$15, 000. 00. " (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 # 116 COUNCIL MEETING DATE: March 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ALLOCATE FUNDS FOR THE PARKS, RECREATION AND OPEN SPACE PLAN POLICY QUESTION: Should the City Council authorize funding from unallocated Parks Department CIP funds to allow the Parks Department to enter into a contract with AHBL Inc. in the amount of $40,000? COMMITTEE: PRHSPS MEETING DATE: March 14, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton Parks Director DEPT: Parks Attachments: None Background: The funds will be used for the purpose of developing a Parks, Recreation and Open Space Plan (PROS). This plan is required by the state grant funding agency to be eligible to apply for grants that the department depends upon for funding for park development and improvements. Options Considered: 1. Authorize the allocation of $40,000 in CIP funds to hire a consultant to prepare the Parks, Recreation and Open Space Plan 2. Do not Authorize the allocation of $40,000 in CIP funds and provide direction to staff MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: -7 DIRECTOR APPROVAL: Z Z Co ittee Council Ini ate initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Authorization to allocate $40, 000 in CIP funds to hire a consultant for the Parks, Recreation and Open Space Plan to the March 21, 2017 Council consent agenda for approval. Committee Chair Committee Member Committee Member MEMO PROPOSED COUNCIL MOTION: "I move approval of Authorizing the allocation of $40, 000 in CIP funds to hire a consultant for the Parks, Recreation and Open Space Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2016 117 RESOLUTION #