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PRHSPSC PKT 01-09-2018City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee January 9, 2018 City Hall 5:00 .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 Presenter Page Action or Info A. Approval of December 12, 2017 Minutes 3 Action B. 2017 Emergency Management Performance Grant Gross 5 Action C. Catholic Community Services - Update on Day Center Watson N/A Information D. Program Year 2018 Community Development Block Watson Action Grant (CDBG) Annual Action Plan 43 E. Arts Commission 2018 Contract for Services Geddes 73 Action F. Arts Commission 2018 Work Plan Geddes 75 G. SRO Interlocal Agreement Between the City of Federal Hwang Way and the Federal Way School District H. Regency Cleaners Amendment #3 Goods and Services Hwang for Police Uniform and Dry Cleaning I. 2018 Parks and Recreation Commission Work Plan Hutton 5. COUNCIL DISCUSSION ON EMERGING ISSUES • Senior Issues 6. PENDING ITEMS 7. NEXT REGULAR MEETING: February 13, 2018 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore 1 K: \PRHSPS Committee \2018 \01 -09 -2018 Agenda.doc 79 91 97 Action Action Action Action Council Date N/A Consent 1/16/18 N/A Public Hearing 1/16/18 Consent 1/16/18 Consent 1/16/18 Consent 1/16/18 Consent 1/16/18 Consent 1/16/18 City Staff John Hutton, Parks Director Mary >aenicke, Administrative Assistant II This Page Left Blank Intentionally City of Federal Way City Council PARKS, RECREATION. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday December 12, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee members Moore and Assefa- Dawson Council Members in Attendance: Deputy Mayor Burbidge, Council member Johnson and Council member elect Tran Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, John Hutton, Parks Director, Jeff Watson, Community Services Manager and Mary Jaenicke, Administrative Asst. II. Guests: None Chair Koppang called the meeting to order at 5:00pm Commission Comment: Committee member Assefa- Dawson attended the Multicultural Elected Local Officials (MELD) meeting. They discussed the "Kids and Cops" trading card program. This is a youth outreach program that seeks to create positive interaction between law enforcement and children. The ":Kids and Cops" program exposes children to many positive adult role models. They would like all cities to participate in this program. There was also a group that did a presentation on African American health issues. They have recognized that African Americans are more prone to health diseases. There is a walk called the National African American Wellness Walk, and the purpose of this walk is to raise awareness for preventable health diseases. They would like to bring the walk to the Northwest. Committee member Moore reported that he stopped by the Parks & Recreation Commission meeting, and Laura Belvin was elected Chair, and David Musick was elected Vice - Chair. He also stopped by the PROS Plan stakeholder meeting. Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Moore motioned to approve the November 14, 2017 minutes as written. Committee member Assefa- Dawson seconded. Motion passed. Retaining Vehicles and Equipment that were Planned for Surplus Mr. Hutton reported that the Parks Department has a shortage of vehicles for staff, and is asking to retain three trucks and one piece of equipment. The department is doubling up in one truck which hurts efficiency, and another staff member has to use his own personal vehicle. All of the vehicles and equipment are in useable condition. The Parks Department will absorb the cost of routine maintenance for the year. Committee member Moore moved to forward the recommendation to authorize the Parks Department to retain three (3) trucks and one (1) piece of maintenance equipment in operation for one more year and forward to the January 2, 2018 consent agenda for approval. Committee member Assefa - Dawson seconded. Motion passed. K:\PRHSPS Committee\2017 \12 -12 -2017 Mins.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 12, 2017 Summary Page 2 COUNCIL DISCUSSION ON EMERGING ISSUES Senior Issues Committee member Moore stated that his goal is to have Council approve a Senior Commission. He would like to add a proposal of creating a Task Force to the January PRHSPSC meeting agenda. He would like the task force to come back to the committee with a recommendation to create a Senior Commission, and then forward it on to the full Council for approval. Committee member Assefa- Dawson asked if the people for the task force would already be identified at the January meeting, and is there enough time to do that. Chair Koppang stated that he is concerned about involving members of the public at this time, because there is not yet a clear mission statement for a Senior Commission, and there needs to be a mission for the task force. Committee member Moore would like to work with the Mayor's office to identify a path forward on how to make this work. A commission doesn't have to meet every month; it can meet on a quarterly basis. Chair Koppang asked Mr. Watson for his thoughts on the value of a Senior Commission. Mr. Watson answered that he has a lot of questions. It is not clear to him what the issues are that are instigating this at this time. Is a new commission really necessary? If there are many issues that warrant a new commission, who's going to be staffing the commission. Mr. Watson stated that a commission is a lot of work, and he doesn't have sufficient staff to staff a new commission. Chair Koppang added the implementation of the Federal Way Violence Prevention Committee is also going to require additional staff. Mr. Watson stated that if there aren't sufficient issues to warrant a completely new commission, then how would we handle things in a way that would be meaningful and addresses the issues that need to be addressed, is this something that the Human Services Commission could be responsible for? Is it something that would be added to their work plan and do we add additional commissioners. The challenge is hopefully having enough residents that are interested in serving. Chair Koppang stated that what the Council decides is going to impact the staff, and Council needs to understand the impact to staff. If there's sufficient reason to do something Council can justify the staff expense through the budgetary process. The questions that need to be answered are: 1) Is there an established need that wi I I be addressed by the Senior Commission, 2) What's the purpose of the commission. Committee member Assefa- Dawson stated that she has raised these questions when they first started discussing a Senior Commission. What is this commission going to do that's not already being done? She suggested finding out what other cities are doing to address senior issues. Committee member Moore stated that a Senior Commission will empower seniors to be engaged and allows them to be a part of something. He stated that his job as a Council member is that when there is a concern, to constantly be looking at innovative ways to connect people with their Government. He wants to give seniors a voice. Council member Moore added that for budgeting purposes this may be a commission that starts in the next budget biennium, and may not start right away, but it's good to at least start the process. Mr. Rhoades advised the committee that if they are contemplating forming a task force, to do that effectively, you must have a task, and be able to explain what that task is. NEXT REGULAR MEETING January 9, 2018 ADJOURNMENT Meeting adjourned at 5:44p.m. 4 SUBJECT: 2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD POLICY QUESTION: Should the City of Federal Way accept the 2017 Emergency Management Performance Grant award to fund the mass notification system CodeRed? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: 1/9/2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Emergency Manager DEPT: Emergency Management ............ - - - -. .....__........ ...._._...._.._.. -- ..__ .................................................... ..._.................. _._._..................._. Attachments: Staff Report 2017 Emergency Management Performance Grant Options Considered: Option 1. Approve acceptance of the 2017 Emergency Management Performance Grant Option 2. Do not approve acceptance of the 2017 Emergency Management Performance Grant and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2017 Emergency Management Performance Grant. ---71 MAYOR APPROVAL: r tj '? / 5( %f DIRECTOR APPROVAL: Co ee Cou initiaVDate initial/Date InitiaV ate COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 16`4, 2017 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2017 Emergency Management Performance Grant Agreement, effective June 1, 2017 through August 31, 2018 with a total compensation of $37,500, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 5 CITY OF FEDERAL WAY MEMORANDUM DATE: December 18th, 2017 TO: Parks, Recreation, Human Services, and Public Safety Committee FROM: Ray Gross, C.E.M., Emergency Manager SUBJECT: 2017 Emergency Management Performance Grant (EMPG) Application BACKGROUND: The City of Federal Way Emergency Management Division has applied for the 2017 Emergency Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the enhancement and sustainment of emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of all- hazards emergency management: response, recovery, mitigation and preparedness. Washington State Emergency Management Division passes - through federal funding to eligible local emergency management agencies. The EMPG program requires a 50% match from the local jurisdiction and the total award amount is based on the local Emergency Management Agency's operating budget. The City of Federal Way is expected to be awarded $37,500 and has $37,500 in matching funds. The performance period of the 2017 EMPG is from June 1, 2017 through August 31, 2018. The City of Federal Way Emergency Management Division would like to use the awarded EMPG funds to continue funding of the mass notification system CodeRed. cc: Project File Day File Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Federal Way $37,500 E18 -088 33325 8th Avenue S 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 ra . ross ci offederalwa .com June 1, 2017 August 31, 2018 7. Department Contact, phone /email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Gary Stumph, 253 - 512 -7483 gary.stumph @mil.wa.gov 612509901 601- 223 -538 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 - 2017 -EP- 00004 -S01 08/2412017 1 97.042 (17EMPG) 14. Total Federal Amount #: 15. Program Index # & OBJ /SUB -OBJ: I 16. TIN: $7,306,624 773PT NZ NIA 17. Service Districts: 18. Service Area by County(ies): 19. Women /Minority- Owned, State (BY LEGISLATIVE DISTRICT): 30 Certified ?: X N/A 11 NO BY CONGRESSIONAL DISTRICT): 9 King ❑ YES, OMWBE # 20. Agreement Classification 21. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public /Local Gov't ❑ Contract X Grant X Agreement ❑ Research /Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/individual ❑ For - Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization /Jurisdiction ❑ Non - Profit ❑ Filed w /OFM? ❑ Advertised? ❑ YES ❑NO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2017 Emergency Management Performance Grant (17EMPG) is to provide U.S. Department of Homeland 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 17EMPG Award EMS - 2017 -EP- 00004 -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 Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement 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. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); 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, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FORTH E DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Dan Swisher, Chief Financial 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 9/12/2017) Brian E. Buchholz, Sr. Assistant Attorney General Applicant's Legal Review Date rorm u51zrzu io DHS - FEMA - EMPG -FY 17 Page 1 of 35 City of Federal Way, El 8-088 7 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. 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. SUBRECIPIENT MILITARY DEPARTMENT Name I Ray Gross Name Gary Stumph Title Emergency Manager Title Program Coordinator E -Mail ray.gross @cityoffederalway.com E -Mail gary.stumph @mil.wa.gov I Phone 253 - 835 -2712 Phone 253 - 512 -7483 Name Jim Ferrell Name Tirzah Kincheloe Title Mayor Title Program Manager E -Mail jim.ferrell.cityoffederalway.com E -Mail tirzah.kincheloe @mil.wa.gov Phone 253 - 835 -2402 Phone 253 - 512 -7456 Name Name I Dalton Gamboa Title Title Program Assistant I F-nnait E- !hail � dalton.gamboa @mil.wa.gov hone- ____— _ __ __ hone__ 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 17EMPG 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 (FY) 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMS- 2017 -EP-- -00004 -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. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 17EMPG 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: The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 17EMPG funds, including, but not limited to, those contained in 2 CFR 200. 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 applicable to the 17EMPG Program, including, but not DHS - FEMA - EMPG -FY 17 Page 2 of 35 City of Federal Way, E18 -088 limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMS - 2017 -EP- 00004 -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 17EMPG 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. BUDGET & REIMBURSEMENT 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 approved negotiated indirect cost rate percentage for the time period of the expenditures. 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 http: / /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 Reimbursements(@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. 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 DHS - FEMA - EMPG -FY 17 Page 3 of 35 City of Federal Way, E18 -088 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 a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training and Exercise 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 http://mil.wa.gov/emergency- management- division /grants /reguiredgrantforms, 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. 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: 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. DHS- FEMA- EMPG -FY 17 Tzge 4 of 35 City of Federal Way, E18 -088 ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award Identification Number (FAIN) D. Catalog of Federal Domestic Assistance (CFDA) number E. who holds the title F. acquisition date G. cost of the equipment and the percentage of federal participation in the cost H. location, use and condition of the equipment at the date the information was reported I. 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. A. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: B. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. DHS- FEMA- EMPG -FY 17 Pa T 5 of 35 City of Federal Way, E18 -088 For Equipment: 1) Items with a current per -unit fair - market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per -unit fair - market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2) ix. 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.gov/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. 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 makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. 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, all of which are incorporated in and made a part of this Agreement. b. 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 interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS /FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and /or historic properties. DHS - FEMA - EMPG -FY 17 TaSe 6 of 35 City of Federal Way, E18 -088 d. 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.9. 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. 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 http: / /mil.wa.gov /emergency- management- division /grants /requiredgrantforms 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: i. 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. e. Compliance 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. DHS- FEMA- EMP&FY 17 PTI 7 of 35 City of Federal Way, E18 -088 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- department- 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 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. In order to receive Federal Fiscal Year 2017 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and /or are in progress toward completion. NIMS Implementation Objectives are located at hftps://www.fema.gov/media-library/assets/documents/1 30743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS /FEMA, which is provided to assist state, local, and tribal governments to 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 17EMPG is 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 pursuant to Washington Administrative Code (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 the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs 5. 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 UH5- F= EMA- EMPG -t Y 11 f Ve 8 of 35 City of Federal Way, El 8-088 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. 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 and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at hftps://,Aww.fema.gov/pdf/emergency/`nims/nims training program.pdf (to include ICS 100, ICS 200, IS 700, and IS 800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and C. complete either (1) the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a subrecipient of 17EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 17EMPG Award Letter and its incorporated documents for DHS Grant No. EMS - 2017 -EP- 00004 -S01, which are incorporated and made a part of this Agreement as Attachment 1. DHS -FEMA- EMPG -FY 17 Pipe 9 of 35 City of Federal Way, E18 -088 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. e. "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.2ADVANCE 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 http:// mil .wa.gov /emergency- management- division /grants /requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS- FEMA - EMPG -FY 17 Ne 10 of 35 City of Federal Way, E18 -088 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" (https:Hsecure.Ini.wa. qov / debarandstrike /ContractorDebarList.aspx). 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 (hftp://www.des.wa.gov/services/ContraGting Purchasing/Business/Pages/Vendor-Debarment. asp x). 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 subrecipients 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, (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), DHS- FEMA- EMPG -FY 17 Pag �11 of 35 City of Federal Way, E18 -088 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 I I 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. 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 DHS- FEMA- EMPG -FY 17 Pfoe 12 of 35 City of Federal Way, E18 -088 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 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. DHS- FEMA- EMPG -FY 17 Pa$513 of 35 City of Federal Way, E18 -088 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. 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: DHS -FEMA- EMPG -FY 17 P29e 14 of 35 City of Federal Way, E18 -088 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 (OSHANVISHA) 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. 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. DHS- FEMA- EMPG -FY 17 Pagg 15 of 35 City of Federal Way, E18 -088 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 each purpose at any and all times daring the Su jrecip- ient'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 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 WORK/WORK 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. DHS - FEMA - EMPG -FY 17 P�a2e 16 of 35 City of Federal Way, E18 -088 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 200.425. 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): 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 completed "2 CFR Part 200 Subpart F Audit Certification Form" (https: / /www mil wa gov /emergency - management- division /grants /requiredgrantforms) to the Department at the address listed above 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). DHS- FEMA - EMPG -FY 17 Pays 17 of 35 City of Federal Way, E18 -088 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, 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, DHS- FEMA- EMPG -FY 17 Pw 18 of 35 City of Federal Way, E18 -088 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; 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; DHS- FEMA- EMPG -FY 17 Pay 519 of 35 City of Federal Way, E18 -088 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 -FY 17 Pne 20 of 35 City of Federal Way, E18 -088 Exhibit C WORK PLAN FY 2017 Emergency Management Performance Grant Eru r$iii anagerawaOrganizatiop, City of Federal Way The purpose of EMPG is to assist with the enhancement, sustain men t and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should 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 sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 17EMPG grantand local funds). 'Communications !The basic CERT class is conducted to better Graduate two least 10 students per j WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Conduct weekly CEMNET radio system test with Communication with Washington State EOC is IThe equipment is in a constant state of readiness Washington State via EOC radio room. A Ivital and CEMNET is the primary radio backup land that assigned staff are trained on the successful operation of the CEMNET radio isystem that may provide that communication link. lequipment, equipment results in a loud and clear contact with f Weekly radio checks are a means to that end. ?Naehi on t _ EMD. program. ions with King County ECC are vital IThe equipment is in a constant state of readiness radio test withKing County. and the 80OMhz radio system is one of the land that assigned staff are trained on the of what the local Emergency primary radio systems. Intended outcome is a equipment. Management program consists of, how the successful radio contact made with King County individual can better prepare themselves, and via FAOMHz with a loud and clear status. i I Operate 150fv1Hz radio system during CERT and Local communications between field operations (This will ensure that the equipment is in a EOC drills along with use during the Red, White and EOC operations are essential. The 150Mhz is ;constant state of readiness and staff along with and Blues 4th of July event. jthe primary backup communications System. volunteers are trained on its use Intended outcome is that the local 150MHz system is tested under both drill and actual events. i Conduct CodeRed training on the use of the 1To train staff on the use and application of the 'IThe result of thetraining will ensure that there system for assigned staff. This system has been imass notification system CodeRed. !exist a basic level of trained staff on the use and used during snow, ice, and wind events along with !operational capacities of CodeRed. various police call out activities. } Public ! u1— n, n ninirn uiuv TUC W001" !S BEMG DONE RESULT T OF THE WORK I Conduct two basic CERT courses offered to the !The basic CERT class is conducted to better Graduate two least 10 students per j community. prepare the community for known hazards, as CERT class during the performance period. More i !well as, being the primary means of recruiting Itrained residents will be able to perform essential volunteer emergencv workers into the local life- saving skills after a disaster. Also, some Emergency Management program. (students will become volunteer emergency workers with the emergency management program. Conduct two disaster academies to the IThe disaster academies are intended to encourage The result of these academies will be a better community. basic individual preparedness and inform residents of what the local Emergency of the local Emergency Management program. Management program consists of, how the individual can better prepare themselves, and i I recognize the regional hazards along with warning N f systems. DHS -FEMA- EMPG -FY 17 Pap21 of 35 City of Federal Way, E18 -088 WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Develop a local Recovery Task Force consisting of A need exists to establish a Recovery Task Force, 'Creation of a mission statement, organization both government and community members. define its purpose and begin design of a chart, and assigned roles checklist for the (membership organization chart along with Recovery Task Force. The Recovery Task force will lassigned roles, allow for an established path to recovery followini I WORK PLANNED 1 Conduct EOC mobilization and demobilization training using call out and set -up guides. Operate EOC equipment. Planning- Public Information WORK PLANNED 1 Review of the Joint Information System and Joint Information Center procedures, staffing, equipment, and community partners. WHY THE WORK IS BEING DONE _ EOC equipment has been upgraded and new equipment added. A good number of staff assigned to EOC operations are new and have little training on actually setting up, using, and then breaking down the EOC. WHY THE WORK IS BEING DONE _ PIO staff have rotated out and additional staff have been added. Need to determine skill base, if procedures are still adequate, does the equipment need upgraded. Need to identify community partners who will get information out to non - English speaking or English -as -a- second - language (ESL) groups. RESULT OF THE WORK Result is a basic ability to demonstrate EOC setup, use of equipment, and then proper demobilization of EOC. RESULT OF THE WORK Better trained and developed staff, equipment needs or shortfalls will be identified, and community partners that can help in messaging to community members that English is not their native language will be included within the process. s DHS- FEMA- EMPG -FY 17 Pnne 22 of 35 City of Federal Way, E18 -088 Exhibit D TIMELINE FY 2017 Emergency Management Performance Grant DATE TASK June 1, 2017 Grant Agreement Start Date August 31, 2018 Grant Agreement End Date October 15, 2018 Submit final reimbursement request, final report, Training and Exercise Requirement report, and /or other deliverables. DHS- FEMA- EMPG -FY 17 Pap 23 of 35 City of Federal Way, E18 -088 Exhibit E BUDGET FY 2017 Emergency Management Performance Grant 17EMPG AWARDI $ 37,500.00 SOLUTION ADCA rervr_nav EMPG AMOUNT Match AMOUNT Indirect Cost Rate on file 0% TOTAL Grant Agreement AMOUNT: $ 37,500 1 $ 37,500 • The Subrecipient will provide a match of $37,500 of non - federal origin, 50% of the total project cost (local budget plus EMPG award). • 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# 773PT — EMPG DHS- FEMA- EMPG -FY 17 Pie 24 of 35 City of Federal Way, E18 -088 Salaries & Benefits $ - $ Q Overtime /Backfill $ $ ' Z Consultants /Contractors $ — Z Z Goods Services $ $ - i -& Travel /Per Diem $ - $ - Subtotal $ > Salaries & Benefits $ - $ 37,500 Z p Overtime /Backfill $ $ - E— Consultants /Contractors $ - $ - N Goods & Services $ 37,500 $ Z Diem $ $ $ - C7 0 Subtotal $ 37,500 $ 37,500 Salaries & Benefits $ - $ - w Overtime /Backfill $ $ - sn Consultants /Contractors _ w Goods & Services $ XL Travel /Per Diem $ - $ " Subtotal $ $ Salaries & Benefits $ - $ - C7 Overtime /Backfill $ - $ Z Consultants /Contractors $ aGoods & Services $ Travel /Per Diem $ - $ ' Subtotal $ $ Equipment $ U w Subtotal $ $ Salaries & Benefits $ Overtime /Backfill $ - $ Q Consultants /Contractors $ $ - Goods & Services $ - $ - Travel /Per Diem $ $ " Subtotal $ $ Indirect $ - $ Indirect Cost Rate on file 0% TOTAL Grant Agreement AMOUNT: $ 37,500 1 $ 37,500 • The Subrecipient will provide a match of $37,500 of non - federal origin, 50% of the total project cost (local budget plus EMPG award). • 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# 773PT — EMPG DHS- FEMA- EMPG -FY 17 Pie 24 of 35 City of Federal Way, E18 -088 17EMPG Award Document E M S- 2017 -EP- 00004 -S01 m - .. Bret Daugherty Washington Military Department Building 2a Camp Murray, WA 90439 - 5122 Re: Grant No.EMS- 21117- EP -OOM4 Attachment 1 U S Department of Homeland Secunty Washington, D.0 20472 Dear Bret Daugherty Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2017 Emergeney. Management Performance Grants has been approved in the amount of V, W.624.00. As a condition of this award, you are requ*ed to contribute a cost match in the amount of 37,306,62400 of non- Federal funds, or 50 percent of the totatapprwed project costsof $14 °,613,240.00 Before you request and receive any of the Federalfunds awarded to you, you must establish acceptance of the award By accepting this award, you acknowledge that the terns 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 Letteri FY 2017 Emergency Management Pediormance Grants Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file forttris award. In order to establish acceptance of The award and its terms, please follow these instructions: Step t Please lag in to the ND Grants system at htlps /lportal.fema.gov Step 2` After logging in, you will sae the home page with a Pending Tasks menu. Click on the Pending Tasks menu, sated 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: Click 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. pease 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 prided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located atj ;�s'YYlrt.s�rt't�eatie. 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. DHS- FEMA- EMPG -FY 17 Pag i 25 of 35 City of Federal Way, E18 -088 wMM;- SHARON LYNN LOPER Regional Administrator DHS- FEMA- EMPG -FY 17 Pne 26 of 35 City of Federal Way, E18 -088 GRANTEE: PROGRAM: AGREEMENT NUMBER: Article I Aitide 11 Article t1l Article iV Article V Article ',A AAide'vIl Article �Atl Article IX Article X Article X0 Article X11 Article "4111 S Department of Hornatand SKU �Aiashin gtor , D ^: 20472 AGREEMENT ARTICLES Emergency Management Performance Grants Washington Military Department Emergency Management Performance Grants EMS - 2017 -EP- 00004 - S01 TABLE OF CONTENTS 'ANstlebtowerProtection Act Use of DHS Seal, Logo and Flags USA Patriot Act of 2001 Universal identifier and System of Award Management (SAM� Paparting of Matters Related to Recipient integrity and Performance P eh abilitatir, n A)ct of 1973 Trafficking 'Actims Protection Act of 2DO0 Terrorist Financing SAFECOM Reporting Subaw3rds and Executive Compensation Procurement of Recovered Materials Patents and intellectual Propedw Ric j jhts Notice of Funding Opportunity Requirements. DHS-FEMA-EMPG-FY 17 Pm 27 of 35 City of Federal Way, E18 -088 Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article >CXXi i Article XXXIII Article >=IV Article XXXV Article XXXVI 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 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 DHS - FEMA - EMPG -FY 17 PRe 28 of 35 City of Federal Way, E18 -088 Article XXXVII Article XXXVIII Article )CMX Article XL Article XLl Article XLII Article I - Whistleblower Protection Act National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Acceptance of Post Award Changes Prior Approval for Modification of Approved Budget Disposition of Equipment Acquired Under the Federal Award Buy American and Hire American All recipients must comply with the statutory requirements for whistleblower protections (if applicable] at 10 ULS.C. sodkin U.S. 12, . 4. G and Article 11- Use of DNS Seal, Logo and Flags All recipients must obtain permission from their DHS FAO, 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 of likenesses of Coast Guard officials. Article III - USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and St -m Amerma. W 2MmOM AQQE900tre Tools Round to Intemed and ObstructTermrism Act ]USA PATRIQT AM which amends 19 U.S.G _ter 175 -t71�. Article IV - Universal Identifier and System of Award Management (SAME All recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 G E R ft it A A=naix A. the full text of which is incorporated here by reference in the terms and conditions. Article V - Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipients currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the govemmerd -wide Award Term and Condition for Recipient integrity and Performance Matters located at 2 C F R Part 200 )4Ji the full text of which is incorporated here by reference in the award terms and conditions. Article VI - Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.SG. sedan 7S4t. as amended; which provides that no otherwise qualified handicapped individuals 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 VII - 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 by 22 U S C seatim7 The award term is located at C.F.R. sed5on 175.1 5, the full text of which is incorporated here by reference in the award terms and conditions. Article VIII - Terrorist Financing DHS - FEMA - EMPG -FY 17 Pag529 of 35 City of Federal Way, El 8-088 All recipients must comply with E.O. 1322 4 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article IX - SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFF-CM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X - 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. AMn&x A. the full text of which is incorporated here by reference in the award terms and conditions. Article XI - Procurement of Recovered Materials All recipients must comply with Section 5002 of the Solid Waste Dist Act, as amended by the Nixie Co't9PJrabi [1 and Reggy=A ct The requirements of Section 6002 include procuring only items designated in guidelines of the ErMrom- nerdal Protection Agency (EPA) at 4 C.F.R, Batt 247 that contain the highest percentage of recovered materials practicable. consistent with maintaining a satisfactory level of competition. Article XII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the 1Lct 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 4171 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XIII - Notice of Funding Opportunity Requitternerrts 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 award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XIV - Non - supplanting Requirement All recipients receiving federal financial assistance 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. Articte XV - Lobbying Prohibitions All recipients must comply with 31 U S C section 1364, which provides that none of the funds provided under an federal financial assistance 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 XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients 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 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 I /h8Ay.dh& g i art -hed he1S(rrtrrterrt =�nortedanizattons- t�r€idemeani ji- aces roc#e Itnntand additional resources on hit l w6W W core. Article XVII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990. 15 U S C. section 2225x all recipients must ensure that all conference, meeting, convention. or training space funded in whole or in part with federal funds complies DHS - FEMA - EMPG -FY 17 Pie 30 of 35 City of Federal Way, El 8-088 with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 Article XVIII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers (air camers holding certificates under I!.S.G se:bon 411 02) 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 (46 lk S C section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 agnendMent to Comptroller General Decision B- 138942. Article XIX - Best Practices for Collection and Use of Personally Ider able 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 PH are required to have a publically- available privacy policy that describes standards on the usage and maintenance of PH they collect. Recipients may also find the DHS Privacy impact Assessments. Rik ' Guidance and Pry temp= as useful resources respectively. Article XX - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I. 11. and ill 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 l_lAG_ secbms 1261- 12213). Article XXI - Age Discrimination Act of 1976 All recipients must comply with the requirements of the Age Discrimination Act of 1975 t ritle 42 U.S. Code section 6101 et v), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXII - Activities Conducted Abroad All recipients must ensure that project activities Gamed on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits. or approvals are obtained. Article XXIIi - 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 part with federal funds. Article XXN - Federal Leadership on Reducing Text Messaging wh6e Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in €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 XXV - 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 0MB Circular A- 29.) Article XXVI - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U S.G. Igglo 3729 - 3733 which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U S C. section 1-3M which details the administrative remedies for false claims and statements made.) Article XXVII - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. sectim 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXVIII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX DHS - FEMA - EMPG -FY 17 Page 31 of 35 City of Federal Way, El 8-088 7 All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (2t} U S.C_ section 1 1 etsea), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C_F.R Part 19 Article XXIX - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C F R Part 2M E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However. these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations; or the federal financial assistance award terms and conditions. Article XXX - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. section 8101 et seq.), which requires all organizations receiving grants from arty federal agency agree to maintain a drug -free workplace. You as the recipient must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152 -5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100 -690, Title V, Subtitle D; 41 U.S.0 8101- 8107). Article XXXI - Debarment and Suspension All recipients are subject to the non- procurement debarment and suspension regulations implementing Executive Orders (E.0) Viand 1.255 and 2C.F.R. Part M. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. sections 4 I or 4112! and an acknowledgement of U.S. Government sponsorship (inciuding the award number) to any work first produced under federal financial assistance awards. Article XXXIiI - Civil Rights Act of 1988 All recipients must comply with TMe Vlll of the CNrff fthts Act of INS, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin. religion, disability; familial status, and sex (42 U, &C. section of sect.t; as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily, housing with four or more dwelling units -i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 CFR secWn 10D.20.1.) Article XXXIV - Civil Rights Act of 1984 - Title VI All recipients must comply with the requirements of Title V! of the Civil Rights Act of 1964 (42 U 4 C 2QQQi et A ), which provides that no person in the United States will, on the grounds of race, color, or national origin; be excluded from participation in. be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C. F.R. Peat 21 and 44,G FA Pad 7_ Article XXXV - DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 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 federal financial assistance 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. DHS - FEMA - EMPG -FY 17 P9ge 32 of 35 City of Federal Way, El 8-088 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, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age; disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the OffM of CM _ and Civil Li . (CRCL) by e -mail at ambQftdhLVy 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. Sr In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national ongin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO 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 1Z48 ces - N00-GODIMICUM Proaams or 0MB Standard Form 42401 Assurarmes - f;onst 9GWn_ Programs as awe. 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.Rt Pwt2QQ and adopted by DHS at 2 C. F R. Part 3002. Article XXXVII - National Environmental Policy Act All recipients must comply with the requirements of the National Environmer _ Policy Act (NEPA) and the Council on Environmental Quality (CEQ) 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 It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C. F R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXIX - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made.. including changes to period of performance or terms and conditions; recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award Please call the FEMA /GMD Call Center at (866) 9275646 or via e-mail to ASK-GIV4050s.cov if you have any questions. Article XL - Prior Approval for Modification of Approved Budget Before making any change to the DHS /FEMA approved budget for this award, you must request prior written approval from DHS /FEMA where required by 2 C F.R. Section 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS /FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10 %) of the total budget DHS /FEMA last approved. You must report any deviations from your DHS /FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. DHS - FEMA - EMPG -FY 17 Pag 933 of 35 City of Federal Way, E18 -088 Article XLI - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub - recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS /FEMA, you must request instructions from DHS /FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLII - Buy American and Hire American All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S.C. Sections 8301 through 8305), and any other applicable statutes, regulations, or rules that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States. BUDGET COST CATEGORIES Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Indirect Charges Other $2;299,1,39.00 $851,982.00 $115,283.00 $0.00 $238,705.00 $10,757,302.00 $0.00 $350,837.00 $0.00 DHS - FEMA - EMPG -FY 17 Pa ,ff 34 of 35 City of Federal Way, E18 -088 Ia. AGREEMENT NO. 2. AMENDMENT NO. 3. 4. TYPE OF ACTION 5. CONTROL NO. EMS- 2017 -EP -00004 -S01 * ** RECIPIENT AWARD FY2017R10EMPG NO_ 916001095G 6. RECIPIENT NAME AND ADDRESS Washington Military Department Building 20 Camp Murray. WA, 98430 - 5122 9. NAME OF RECIPIENT PROJECT OFFICER Tuzah Kincheloe 11. EFFECTIVE DATE OF THIS ACTION 10/0V2016 7. ISSUING FEMA OFFICE AND ADDRESS Grant Operations 245 Murray Lane - Bcri1&ng 410, SW Washington DC, 20528-7M POC: 866- 927 -5646 8. PAIVMENT OFFICE AND ADDRESS Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 PHONE NO. 10, NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phonc 800 - 368 -6498 Email: Admoid@dhs.gov 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD METHOD Cost Reimbursement From Toe OF 10101/2016 09f30120t8 PAYMENT Budget Period PARS 10101/2016 09/30120/8 15. DESCRIPTION OF ACTION a (Indicate funding data for awards or financial changes) hio b. To describe changes other than funding data or Sna vial changes, attach schedule and check here. N/A 16 a FOR NON - DISASTER PROGRAMS: 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 ac 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. 1?. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Sierra Wardell, Preparedness Grants Section Program Manager Fri Aug 25 19:59:14 GMT 201? 18. FEMA SIGNATORY OFFICIAL (Name and Title) KIOERLY ERIN PENFOLD , Assistance Officer DATE Mon Aug 21 19 :57:05 GMT 2017 DHS- FEMA- EMPG -FY 17 Page 35 of 35 City of Federal Way, El 8-088 41 This Page Left Blank Intentionally 42 SUBJECT: PROGRAM YEAR 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should the City Council approve the 2018 Program Year Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: January 9, 2018 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeffrey Watson Community Services Manager DEPT: CD 11 .. -- ...... . .......... . ............... ...._......................... - ................... ...._._..... .... ..................._............................. ........................ _ .............. . ............ . ............ _............................. Attachments: Memo to Mayor and City Council 2018 CDBG Annual Action Plan In 2011, the City of Federal Way became a CDBG entitlement community and adopted its first Consolidated Plan for the 2012 -2016 program year period. In program year 2015, the City, as a member of the HOME Consortium with King County, began participation in the County's Consolidated Plan, resulting in the adoption of a new Consolidated Plan for the 2015 -2019 program year period. . The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from HUD. An Action Plan is required for each year of the Consolidated Plan program period. The PY 2018 Action Plan is for the fourth year of the Consolidated Plan program period. The Human Services Commission considered the Program Year 2018 Annual Action Plan at its regular meeting on December 18, 2017, and voted 7 -0 to "recommend the City Council approve the 2018 Annual Action Plan as presented and that, in the event the annual grant amount from the U.S. Department of Housing and Urban Development is either less than or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and Community Economic Revitalization Funding (CERF); and additionally, staff may make technical amendments to incorporate final performance measures from 2017." Options Considered: 1. Approve the Program Year 2018 CDBG Annual Action Plan 2. Do not approve the Program Year 2018 CDBG Annual Action Plan and give staff direction. 43 MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL` pIRECTOR APPROVAL: I/° �� I l7 ' &dims ee, vC6uncil Initial Date Initial /Date v Initial /Date COMMITTEE RECOMMENDATION: I move to forward the Program Year 2018 CDBG Annual Action Plan to the January 16, 2018 City Council agenda for public hearing. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the Program Year 2018 CDBG Annual Action Plan with the Human Services Commission recommendations and authorize the Mayor to execute all documents associated with the Plan and corresponding funding agreements with 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— 11/2016 RESOLUTION # 44 MEMORANDUM December 19, 2017 TO: Mayor Ferrell and City Council Members FM: Jeffrey Watson Community Services Manager RE: 2018 Program Year Community Development Block Grant (CDBG) Annual Action Plan The U.S. Department of Housing and Urban Development does not have 2018 FY budget numbers as of the date of this memo. This in turn means that Community Development Block Grant (CDBG) communities throughout the nation, including Federal Way, have not received the amount of the 2018 allocation for the CDBG Program. As a result, the 2018 Program Year CDBG Annual Action Plan is based upon the 2017 allocation of $674,568. On December 18, 2017, the Human Services Commission voted 7 -0 to "recommend that the City Council approve the 2018 Annual Action Plan as presented and that, in the event the annual grant amount from the U.S. Department of Housing and Urban Development is either less than or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and Community Economic Revitalization Funding (CERF). Additionally, staff may make technical amendments to incorporate the final performance measures from 2017" Public Services and Planning and Administration are subject to a cap determined by a percentage of the annual allocation, 15% and 20% respectively. Community Economic Revitalization Funding (CERF) is not subject to a cap, but typically represents the remaining 65% plus any prior year remaining funds being allocated. CERF includes the planned repayment of the Section 108 loan. The Commission recommendation ensures that in the event of an increase or decrease to the annual award amount, full payment of the Section 108 loan principal and interest would be budgeted with the pro rata adjustment made to the remaining CERF projects. Pro rata adjustments would be made to all allocations in Public Services and Planning and Administration. Thank you. 45 EM F CITY ederal Way The City of Federal Way ANNUAL ACTION PLAN 2018 December 2017 46 At x. Executive Summary AP -05 Executive Summary - 91.200(c), 91.220(b) Introduction The City of Federal Way presents this Annual Action Plan for the 2018 Program Year Community Development Block Grant program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division (CSD) staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. 2. Summarize the objectives and outcomes identified in the Plan This Action Plan allocates a total of approximately $1,053,740 dollars in anticipated 2018 Community Development Block Grant Entitlement funds, prior year resources, and CDBG program income to support the Community Development Block Grant program. The overall goals for the Action Plan are: • Improve and expand affordable housing options; • Expand businesses to create jobs and assist with the development of microenterprises; • Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts; and • Administer the Community Development Block Grant program to meet the community needs and HUD requirements. 3. Evaluation of past performance The City has been able to meet the needs of many low- and moderate - income households through its involvement as a member of the King County HOME Consortium. Activities implemented under that arrangement have succeeded in: 1 meeting the needs of homeowners through the City's housing repair program; 2) providing much needed services to help households to regain stability; 3) providing facilities and improvements to improve the quality of life; and 4) supporting economic development efforts for small businesses and microenterprise. During the first three years of the 2015 -2019 HOME Consortium Consolidated Plan, the City of Federal Way worked closely with the community, nonprofit agencies, the private sector, the State of Washington, HUD, the faith -based community, and the philanthropic community to make solid progress towards goals. The City of Federal Way reported in the 2016 Consolidated Annual Performance Evaluation Report (CAPER).: 8 households received support for housing repair and rehabilitation 364 persons received assistance with public services 84 persons received economic development - related assistance If the 2017 CAPER has been approved by City Council at the time the 2018 Annual Action Plan is submitted to HUD, staff will update the 2018 Annual Action Plan to include 2017 data in place of the 2016 CAPER data. 4. Summary of Citizen Participation Process and consultation process The City had an established public participation process, as outlined below: Federal Way Annual Action Plan 2018 47 • A public hearing was held on November 21, 2016, before the Human Services Commission to receive input on the preliminary 2017 -18 CDBG Public Services grant recommendations. • Notice of Funds Available for PY2018 CDBG Community Economic Revitalization Funds was published in the Federal Way Mirror on July 7, 2017. • Request for public comments and input was emailed to stakeholders and service agencies on December 8, 2017 seeking input through January 16, 2018. • A Notice of Public Hearing will be published in the Federal Way Mirror on December 8, 2017, notifying the public of public hearings to be held on December 18, 2017 and January 16, 2018, and to announce the comment period on the 2018 Annual Action Plan. • An opportunity for public comment will be provided on December 18, 2017, before the Human Services Commission, to receive input on the 2018 Annual Action Plan. • A public hearing will be held on January 16, 2018, before the Federal Way City Council to receive input on the 2018 Annual Action Plan. Summary of public comments Public comments will be added as received during the public comment period. Summary of comments or views not accepted and the reasons for not accepting them N /A. 7. Summary In summary, Federal Way residents, stakeholders, service providers, and others consulted during the citizen participation process support the outcomes and objectives of the Consolidated Plan for Housing and Community Development. The remainder of this report will provide details on how the City proposes to prioritize its investment. Federal Way Annual Action Plan 2018 48 PR -05 Lead & Responsible Agencies - 91.200(b) Agency /entity responsible for preparing /administering the Consolidated Plan The City of Federal Way is responsible for preparing the Annual Action Plan and for the administration of the CDBG grant program and funding. Responsible Agency • Agency Role: CDBG Administrator • Name: Jeffrey Watson • Department /Agency: Community Development /Community Services Division The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Jeffrey Watson, Community Services Manager, is the program administrator. Sarah Bridgeford, CDBG Coordinator, is the primary staff responsible for the day -to -day implementation of the program. Additionally, numerous non - profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Annual Action Plan Contact Information Sarah Bridgeford CDBG Coordinator 33325 8th Ave. S. Federal Way, WA 98003 -6325 (253) 835 -2651 (telephone) (253) 835 -2609 (facsimile) Sarah .Bridgeford @cityoffederalway.com Federal Way Annual Action Plan 2018 49 AP -10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. As part of its first Consolidated Plan, for 2012 -2016, the City created the Citizen Participation Plan for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Plan, and provide input for the implementation and program evaluation phases in future years. In 2015, the City began participation in the 2015 -2019 HOME Consortium Consolidated Plan in cooperation with King County. The Citizen Participation Plan again provided guidance to afford opportunities for citizen involvement throughout the development of the 2015 -2019 HOME Consortium Consolidated Plan. During the process of developing the 2015 -2019 Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County with common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate - income persons and households, as well as the homeless. The City also works with members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with each other. The consortium includes stakeholders and public housing authorities (PHA's) including the King County Housing Authority and the Renton Housing Authority. In addition to the Consortium, the Continuum of Care is comprised of nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, the Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Social and Health Services. This coordination and public meetings held as part of the planning and funding processes for federal formula grants and local funds take place regularly throughout the year and inform recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way coordinates with All Home, which has been designated by the King County Council as the local homeless housing task force for King County. All Home was created to work with service providers and advise local government on the creation of a local homeless housing plan and to participate in a local homeless housing program. Federal Way works with King County and other communities in the Consortium to provide input and advice to All Home on local and sub - regional issues and needs regarding homelessness as well as housing and services for the homeless. Federal Way is a member of a committee that focuses on collaboration between service providers and housing providers. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous churches and other faith -based groups that provide regular services and support to the homeless in our community. This includes meals, overnight shelter during the cold Federal Way Annual Action Plan 4 2018 50 months, and shower and laundry services. The City also uses general fund dollars to fund the Reach Out winter shelters for homeless men and women. Catholic Community Services provides case management for these shelters. Further, the City worked closely with a local coalition and service provider to open the Federal Way Day Center for homeless individuals in 2016. Part of the ongoing development and implementation includes a service provider collaboration focused on providing access onsite to clients. Participants in the collaboration include housing organizations, local government, public health agencies, and a variety of social service providers including behavioral health services. The conversation includes the potential of co- located services at one campus to better serve those in need of the services. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoQ is critical to our region's implementation of the All Home Homelessness Strategic Plan, which is focused on making homelessness rare, brief, and one -time. The CoC has a continued prioritization of permanent housing while addressing a full continuum of housing from transitional housing with support services to permanent supportive housing for persons with disabilities. The City of Federal Way supports the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City's provides financial support of these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of homeless persons. Efforts by the City and our many human services partners are targeted to help homeless persons meet three goals: • achieve residential stability; • increase their skill levels and /or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and All Home, the King County agency focused on ending homelessness. These valuable partnerships support Federal Way and the surrounding region's efforts to make homelessness rare, brief, and one -time. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS All projects receiving McKinney funding are required by HUD to apply for support through a local Continuum of Care. For King County, the Continuum of Care encompasses programs and activities within the borders of King County. The King County CoC priorities are set by All Home in King County. Federal Way staff contributes to the CoC by working collaboratively with All Home and with other communities, especially those in South King County, to provide input and cooperation with All Home and King County. Federal Way Annual Action Plan 2018 51 2. Agencies, groups, organizations and others who participated in the process and consultations • All Home • ANEW • Birth to Three Family Development Center • Boys and Girls Clubs of King County • Building Changes • Catholic Community Services of Western Washington • CHI Franciscan • Child Care Resources • Children's Therapy Center • Circulo de Mamas • Communities In Schools of Federal Way • Consejo Counseling and Referral Service • Crisis Clinic • Department of Children, Youth and Families • Department of Commerce • Domestic Abuse Women's Network (DAWN) • Emergency Feeding Program • Fair Housing Center of Washington • Federal Way Chamber of Commerce • Federal Way Community Caregiving Network • Federal Way Senior Center • Full Life Care • FUSION • Habitat for Humanity Settle -King County • Health Point • Hospitality House • Institute for Family Development • Kent Youth & Family Services • King County • King County Bar Foundation • King County Housing Authority • King County Sexual Assault Resource Center • Kona Kai • Mother Africa • Multi- Service Center • Nexus Youth and Family Services (formerly Auburn Youth Resources) • Orion • Partner in Employment • Pediatric Interim Care Center • Puget Sound Training Center • Public Health of Seattle -King County • Sound Generations • Sound Mental Health • South Sudan Kuku Association of North America • St. Vincent De Paul Society • Valley Cities Counseling & Consultation • Washington Engage • Washington Low - Income Housing Alliance • Washington Poison Center • YWCA Identify any Agency Types not consulted and provide rationale for not consulting To be included following the public comment period. other local /regional /state /federal planning efforts considered when preparing the Plan The Continuum of Care (CoC), which is overseen by All Home King County. The City of Federal Way is working with All Home and other communities in South King County to implement the new Strategic Plan that replaces the Ten -Year Plan to end Homelessness. Federal Way Annual Action Plan 2018 52 11 AP -12 Participation - 91.401, 91.105, 91.200(c) Summary of citizen participation process /Efforts made to broaden citizen participation Consultation and citizen participation are critical elements of the plan. The value of citizen participation includes: 1) hear the community's recommendations on how the City should invest its CDBG dollars; 2) consult with individuals who may not initiate contact with the City because of language /cultural differences or who do not come from experiences where government sought their opinions; and 3) convene public hearings and meetings to increase opportunities for housing providers, service agencies, and healthcare organizations to come together and discuss how they can coordinate services and pool funding to achieve the greatest impact. Such consultation and citizen participation are ongoing aspects of the City's administration of its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City continuously seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. The City also has planning and citizen participation specifically to address homelessness and community development by meeting regularly with human service providers, other local cities, and other funders to seek solutions to local and regional community development problems. Federal Way Annual Action Plan 7 2018 53 Expected Resources AP -15 Expected Resources — 91.420(b), 91.220(c) (1, 2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2018 Program Year: • CDBG • Program Income • City General Fund (targeted to human services /public services) • Section 108 Loan Anticipated Resources Table 1- Expected Resources — Priority Table Program Source of Uses of Funds Expected Amount Available Year 4 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ CDBG public Acquisition, $674,568 $34,185 $344,987 $1,053,740 $674,568 CDBG funds - Admin and leverage federal Planning, additional Economic federal and Development, state funds. Housing, Agencies are Public able to Improvements, combine Public Services funding sources in order to provide a wider range of services to the community. Federal Way Annual Action Plan 2018 54 Program Source of Uses of Funds Expected Amount Available Year 4 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ General public Public Services $516,000 $0 $0 $516,000 $516,000 The City Fund - local provides general fund grants annually to agencies and organizations that deliver services in support of low-and moderate - income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services dollars. Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. Federal Way Annual Action Plan 2018 55 17 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. As described in this plan, the PAEC has and will continue to generate jobs both directly and via acting as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. Because the City used Section 108 Loan funds in support of the PAEC development, jobs created through the facility and as a result of related development are available for low- and moderate - income persons. Discussion CDBG and Section 108 Loan funds will be used to support eligible activities in accordance with CDBG regulations. Federal Way Annual Action Plan 10 2018 ff-'� Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3) &(e) Goals Summary Information Table 2 - Goals Summary Sort Goal Name Start End Category Needs Addressed Order Year Year 1 EXPAND ECONOMIC 2016 2019 Non - Housing Economic Development OPPORTUNITIES Community and Job Growth Development Funding Goal Outcome Indicator CDBG: $312,120 Jobs created /retained: 7 Jobs Businesses assisted: 90 Businesses Assisted People Assisted: 108 People Goal Name Start End Category Needs Addressed Year Year 2 PROVIDE DECENT, 2016 2019 Affordable Housing Affordable Housing AFFORDABLE HOUSING Preservation Funding Goal Outcome Indicator CDBG: $254,500 1 transitional housing unit added; 86 affordable housing units preserved Goal Name Start End Category Needs Addressed Year Year 3 ESTABLISH SUITABLE 2016 2019 Non - Housing Ensure a Suitable Living LIVING ENVIRONMENTS Community Environment Development Funding Goal Outcome Indicator CDBG: $352,320 Public Service activities other than Low -and Moderate - Income Housing Benefit: 261 Persons Assisted Housing Units Resolving Violations: 100 Families assisted with Housing Repair: 8 Federal Way Annual Action Plan 11 2018 57 AP -35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. Table 3 — Project Information # Project Name 1 Program Administration 2 Housing Repair Program 3 Debt Service on Federal Way PAEC Section 108 Loan 4 Code Compliance 5 Federal Way Community Center Inclusion Program 6 Hospitality House 7 MSC Rental Assistance 8 MSC YES Program 9 Orion Employment Services 10 Pediatric Interim Care Center 11 Apprenticeship & Non - traditional Employment for Women (ANEW) 12 Highline Economic Development Program 13 FUSION — FUSION Transitional Housing 2018 14 Multi- Service Center- Villa Capri Security Door Renovation 15 NRSA Street Lighting Project Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best to build on efforts already underway which could impact the economic problems affecting low - and moderate - income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net /self- sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate - income households. In order to continue services helping populations who are risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of the resources into the economic development activities forjob creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner- occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate - income households. Federal Way Annual Action Plan 12 2018 M AP -38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Economic Development and Job Growth Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $134,800 Description CDBG Program Planning & Administration for PY2018 Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities Location Description 33325 8th Avenue S, Federal Way, WA 98003 Planned Activities CDBG Administration 2 Project Name Housing Repair Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $175,000 Description Housing repair program helping low /low mod income homeowners repair their homes to a safe condition. Target Date 12/31/2018 Estimate the 8 Families (20 individuals) will benefit from this program. number and type of families that will benefit from the proposed activities Location Description Recipients must be homeowners living in the City of Federal Way. Planned Activities Housing repair for extremely low -, low -, and moderate - income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case -by -case basis. Federal Way Annual Action Plan 13 2018 6m 3 Project Name Debt Service on Federal Way PAEC Section 108 Loan Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $210,000 Description Annual Debt Service on Federal Way PAEC Section 108 Loan including quarterly Interest payments until the loan is permanent and one anticipated principal payment in 2018. Target Date 12/31/2018 Estimate the 7 jobs will be created. number and type of families that will benefit from the proposed activities Location Description 31510 20th Avenue South, Federal Way, WA 98003 Census Tract #53033030006 Planned Activities Debt service on the expected Section 108 Loan for the PAEC. A portion of the annual grant will be directed to debt service for the Section 108 Loan for the full term of the loan, which will be 20 years. The annual amount for a full year of debt service is expected to be approximately $200,000 per year over the 20 -year term. 4 Project Name Code Compliance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $76,000 Description Support for staff to engage in code compliance related to City Zoning and related codes. Target Date 12/31/2018 Estimate the 100 Housing Units number and type of families that will benefit from the proposed activities Location Description Census tracts and /or block groups at or above 51% low- and moderate - income and either with signs of deterioration or in a deteriorated condition. Planned Activities Code Compliance Federal Way Annual Action Plan 14 2018 ii] 5 Project Name Federal Way Community Center Inclusion Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $32,940 Description The Inclusion Program provides social activities and classes for developmentally disabled adults. Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities 207 disabled individuals will benefit from this activity. Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities, such as camping trips, will be provided off -site. Planned Activities Social activities, such as recreational classes, life skills training, trips, and others will be provided. 6 Project Name Hospitality House Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $14,580 Description Homeless Women's Shelter Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities 5 individuals will benefit from this activity. Location Description Shelter services will be provided at 1419 SW 150th Street, Burien, WA 98166. Planned Activities Provide shelter and case management services to homeless women. Federal Way Annual Action Plan 15 2018 131111 7 Project Name MSC Rental Assistance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $21,600 Description Multi- Service Center will provide rental assistance to eligible Federal Way residents in crisis. Target Date 12/31/2018 Estimate the 46 individuals will benefit from rental assistance. number and type of families that will benefit from the proposed activities Location Description Services will be provided at the Multi- Service Center (1200 S. 336`h Street, Federal Way, WA 98003). Planned Activities Individuals will receive short -term rental assistance to prevent eviction. 8 Project Name MSC YES Program Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $9,720 Description YES helps youth ages 16 - 24 to obtain their GED, secure employment and continue post- secondary schooling, as appropriate, while helping them to establish and work toward careers and living wage employment. Target Date 12/31/2018 Estimate the 15 individuals between the ages of 16 and 24 will benefit. number and type of families that will benefit from the proposed activities Location Description Services will occur at the Multi- Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Classes and training to help youth obtain their GED, secure employment, continue post- secondary schooling. Federal Way Annual Action Plan 16 2018 MIA 9 Project Name Orion Employment Services Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $9,720 Description Employment Services for disabled adults. Target Date 12/31/2018 Estimate the 2 individuals will benefit from this activity. number and type of families that will benefit from the proposed activities Location Job training will be provided at 1590 A Street NE, Auburn, WA 98002. Description Planned Activities Vocational counseling and skills training to obtain employment. 10 Project Name Pediatric Interim Care Center Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $6,480 Description interim care of drug- exposed infants. Target Date 12/31/2018 Estimate the 1 infant will benefit from this activity. number and type of families that will benefit from the proposed activities Location Services will be provided at 328 4th Avenue S, Kent, WA 98032. Description Planned Activities PICC's services include infant transportation, 24 -hour medical monitoring, nursing care, physician visits, narcotic assisted withdrawal, nutritional support for feeding difficulties, and other interim -level medical support (oxygen, PIC lines, etc.) as needed. PICC's social work staff facilitates family visitation, liaises with DSHS, and follows infants for six months after discharge to assure that they continue to thrive. PICC also provides educational and outreach services to the community on the recognition and care of drug- affected infants. Federal Way Annual Action Plan 17 2018 63 11 Project Name Apprenticeship & Non - traditional Employment for Women (ANEW) Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $5,400 Description Pre - apprenticeship training and employment services Target Date 12/31/2018 Estimate the 3 individuals will receive job training and employment services /case number and type management. of families that will benefit from the proposed activities Location Activities will be provided at Apprenticeship & Non - traditional Employment Description for Women (ANEW) (550 SW 7th Street, Renton, WA 98057) Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12- week pre- apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap- around employment services focusing on job placement and retention. 12 Project Name Highline Economic Development Program Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $87,000 Description Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. Target Date 12/31/2018 Estimate the 90 individuals will receive technical assistance. number and type of families that will benefit from the proposed activities Location Activities will be provided at Highline College (2400 S. 240th Street, Des Description Moines, WA 98198) Planned Activities Business advisors will provide one -to -one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self - employment, and micro- enterprise in Federal Way. Federal Way Annual Action Plan 18 2018 64 13 Project Name FUSION Transitional Housing 2018 Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $151,000 Description Purchase a single family home. Target Date 12/31/2018 Estimate the 1 family will benefit in 2018. number and type of families that will benefit from the proposed activities Location This activity will take place at a location to be determined. Description Planned Activities Acquire a single family home, condo, or townhome to be used as transitional housing. 14 Project Name Multi- Service Center Villa Capri Security Door Renovation Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $103,500 Description Replace entry, hallway, and stairwell doors. Target Date 12/31/2018 Estimate the 86 households will benefit. number and type of families that will benefit from the proposed activities Location This activity will take place at 2862125 1h Place S, Federal Way, WA 98003. Description Planned Activities Replace exterior, stairwell, hallway, and laundry facility doors with doors that provide greater fire safety and security for residents. Federal Way Annual Action Plan 19 2018 65 15 Project Name NRSA Street Lighting Project Target Area Neighborhood Revitalization Strategy Area in north Federal Way Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $16,000 Description Add a minimum of 10 LED street lights to the NRSA neighborhood with locations to be determined using a prioritization process including community outreach for review. Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities Location This activity will take place at locations to be determined. Description Planned Activities Add a minimum of 10 LED street lights to the neighborhood. Federal Way Annual Action Plan 20 2018 .. AP -50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Federal Way Annual Action Plan 21 2018 67 AP -85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate - income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on -going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. The City worked with two other cities to implement a Parallel Application process to the Human Services General Fund process. The Parallel Application focused on underserved communities with particular focus on organizations and programs serving communities of color, immigrants, and /or refugees. For 2017 -2018, the City funded five programs for a total of $14,500 per year and have seen great success so far and look forward to reporting on the accomplishments after the completion of the first year. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades including grab bars and accessible showers, and so on. The City is including a project at Multi- Service Center's Villa Capri Apartments, which serves 86 low - income households at a given time. The project will replace 33 doors including exterior, stairwell, and laundry facility locations. Replacing the doors increases safety and security of the property and assists in the preservation of 86 affordable housing units. Preserving affordable housing not only works toward neighborhood revitalization but, as demand for affordable rental housing continues to grow, can be a less costly strategy than building new affordable housing stock. Actions planned to reduce lead -based paint hazards The City of Federal Way works to reduce lead -based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated Federal Way Annual Action Plan 22 2018 68 paint; identification and control of lead -based paint hazards; and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed.. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance, working with businesses in the Town Center area adjacent to the PAEC to hire low- income residents consistent with the public benefit standards for the proposed Section 108 Loan, and outreach to increase opportunities for low- income residents to obtain livable wage jobs. Actions planned to develop institutional structure No actions are planned. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, South King Housing and Homelessness Partnership ( SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with Federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Federal Way Annual Action Plan 23 2018 M Program Specific Requirements AP -90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation /preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub - populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self - reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate - income people, our investments across the Consortium in low- income communities, and for the benefit of low- income people, help to ensure equitable opportunities for good health, happiness, safety, self - reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate - income residents safely and effectively; 2) improve the living environment in low -and moderate - income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate - income residents of the Consortium. Community Development Block Grant Program (CDBG) — Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed: $0 2. The amount of proceeds from Section 108 Loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan: $0 3. The amount of surplus funds from urban renewal settlements: $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan: $0 5. The amount of income from float- funded activities: $0 Federal Way Annual Action Plan 24 2018 70 Other CDBG Requirements 1. The amount of urgent need activities: M The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate - income. Overall Benefit - A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low- and moderate - income. For PY2016, the percentage in this Annual Action Plan: 100.0% Federal Way Annual Action Plan 25 2018 71 This Page Left Blank Intentionally 72 COUNCIL MEETING DATE: January 16, 2018 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2018 CONTRACT FOR SERVICES POLICY QUESTION: Should the City Council approve the 2018 Arts Commission Contracts for Services funding recommendations? COMMITTEE: PRHSPS MEETING DATE: 1/9/2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing n City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes,... Recreation Supervisor .......................... ........................._..... ............._...._._DEPT.'... Parks....................._......_.......__..._._._.................. ..................._........... .........................................................._...._.......... ..................._..._....... _..._.................. .............__................ Attachments: 2018 Contract for Services Recommendation Options Considered: 1. Approve the Arts Commission 2018 Contract for Services funding recommendations and forward to the January 16, 2018 full City Council consent agenda for approval 2. Do not approve the Arts Commission 2018 Contract for Services, and provide direction to staff MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: % , DIRECTOR APPROVAL: f1-/ �7 QWF Corm i nitiaV e ial/Date Initial /Date COMMITTEE RECOMMENDATION: I move to approve the 2018 Arts Commission Contract for Services funding recommendations and forward to the January 16, 2018 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of'the Arts Commission 2018 Contract for Services funding recommendations. " (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 1/2016 RESOLUTION # 73 n O 7 N O O co X a Q C N cD M C'f O N 0 Cl) � E M d ,nD OZ N 3 Q ' ? C d m in fn ca 0 •+ 0 O V) S (D Cf O C m C � m 3 `'C 3 ^i 7 O o W co) o � n 7C (p d Cx Z fA O O 0 M U3 y CD 0"o 4 y °•: ^' d ' < o 0 C 0 7 Q Q M 61 y O O O -n W i N i -I A W in(nini)OO °i SUBJECT: Arts Commission 2018 Work Plan POLICY QUESTION: Should the City Council approve the Arts Commission 2018 Work Plan? COMMITTEE: PRHSPS MEETING DATE: 1/9/2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Supervisor DEPT: Parks Attachments: Proposed 2018 Arts Commission Work Plan Options Considered: 1. Approve the Arts Commission 2018 Work Plan. 2. Do not approve the 2018 Arts Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Initial/Date w Initial/Date �IRECTORAPPROVAL: � %2h-f/7 Initial/Date COMMITTEE RECOMMENDATION: I move to approve the Arts Commission 2018 Work Plan and forward to the January 16, 2018 City Council consent agenda for approval. 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CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SRO INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY SCHOOL DISTRICT POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department renew an agreement with the Federal Way School District to continue the School Resource Officer program in the high schools? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Jan 9, 2018 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other - STAFF REPORT BY: TRACY GROSSNICKLE, LT. DEPT: Police Department ...................................................................................._.........................................................................................................................._.._........._............................................................. ............................._. .................................... ............................... . Attachments: 1. PRHS &PS Committee Memo 2. Interlocal agreement between the City of Federal Way and the Federal Way School District for SROs Options Considered: 1. Accept the Interlocal agreement between the City and the Federal Way School District for SROs 2. _ Reject the Interlocal agreement between the_City and the Federal Way School District for SROs ....... .... J .. .................. 3. MAYOR'S RECOMMENDATION: 1- Accept the Interlocal agreement between the City of Federal Way and the Federal Way School District for SROs. MAYOR APPROVAL: /7 DIRECTOR APPROVAL: C i mil e '00e TOLUICif [ �'% initial 4. COMMITTEE RECOMMENDATION: "I move to forward the Interlocal agreement between the City of Federal Way and the Federal Way School District for SROs to the January 16, 2018 Council consent agenda for approval. " Committee Chair Committee Member Committee Member 5. PROPOSED COUNCIL MOTION: "I move to accept the Interlocal agreement between the City of Federal Way and the Federal Way School District for SROs, and authorize the Mayor to execute said Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # 79 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 9, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Interlocal Agreement Between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. Back-,round School Resource Officers (SROs) are commissioned Federal Way police officers that provide law enforcement and security services to the Federal Way School District. Their primary responsibility is to protect students and school staff and provide a safe learning environment. SROs are assigned to designated high schools and respond to requests for police service throughout the Federal Way School District. SROs augment school security, assist school staff, and take law enforcement action on and around school campuses. Additionally, SROs serve as role - models for students, build relationships with students and parents, give criminal justice and crime prevention education, enhance community outreach, increase public awareness, and foster a cooperative working relationship with school district personnel. The original SRO Agreement was set in August of 1999 and has been maintained since that time with only minor modifications and variations that reflect the needs of the City and the School District. The term of this Interlocal Agreement is from September 1, 2017 to August 31, 2020. Thereafter, this Agreement shall automatically renew year to year unless terminated pursuant to Section VII hereof. This agreement has been reviewed and approved by the legal departments of both parties and is ready for final signatures. 80 ` CITY of CITY HALL 33325 8th Avenue South At Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www MW edera/way can INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR SCHOOL RESOURCE OFFICERS This Inter -local Agreement ( "Agreement ") is effective this ls` day of September, 2017, by and between the City of Federal Way, a Washington municipal corporation ( "City "), and Federal Way School District No. 210, ( "District "). The City and District (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY SCHOOL DISTRICT NO. 210 Dr. Tammy Campbell, Superintendent 333308 th Ave S Federal Way, WA 98003 (253) 945 -2070 (telephone) (253) 945 -2055 (facsimile) pvang@fwps.org CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 333258 th Ave. S. Federal Way, WA 98003 -6325 (253) 253 -835 -6701 (telephone) (253) 253 -835 -6739 (facsimile) com Pursuant to Chapter 39.34 RCW, the City and District may enter into an agreement through their respective legislative bodies whereby the City will provide fully commissioned police officers to serve as School Resource Officers on District property pursuant to such terms as may be mutually agreed upon. It is considered necessary and desirable in the public interest that the City and District exercise the rights and privileges afforded by said statute. Therefore, it is mutually agreed by and between the City and District as follows: 1. Definitions. The following definitions shall apply to this Agreement: 1.1 City - The City of Federal Way. 1.2 District - Federal Way School District No. 210. 1.3 School Resource Officer ("SRO") - A fully commissioned police officer who is assigned by the Department to provide law enforcement and security services to the District. 1.4 School Campus - The school building, all parking lots or outside common areas adjacent to the school building, and all property within % mile. 1.5 Department - The Federal Way Police Department, City of Federal Way. 1.6 School Year - One hundred eighty -one (181) days of official school days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty -three (183) days between the months of August and June. The preparation day and the closing day shall be mutually agreed upon between the SRO and the building principal. The District "in- service training day" for the Security Department at the beginning of each school year is considered mandatory attendance for all SROs. SRO INTERLOCAL 81 - I - 9/2017 ` CITY OF CITY HALL ,.,..- Federal Way (253) 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 avmv atyoffederahvay com 1.7 Annual Cost Letter - A letter outlining the anticipated annual costs for services for the next school year is to be submitted by the City to the District in the month of February prior to the beginning of the school year. The anticipated costs will be calculated as the number of officers multiplied by 73.49% of the annual cost to the City for each officer (73.49% represents the ratio of 183 days worked under this contract to the total of 249 days worked annually by an officer). Adjustments to this calculation may change based on reduced officer deployment or increased labor costs paid by the City due to labor agreements or other required changes in officer compensation. 1.8 Extra -duty Assignments - Extra -duty assignments include, but are not limited to, athletic games, dances, graduations and other events that occur outside the normal school day as defined in Section 5, Hours of Work. 1.9 Daily Routine - The daily routine includes assignment to various locations on/around the school campus, or various events. The daily routine does not include policies, procedures, guidelines or work rules. 1.10 Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act and the Federal Way Police Officers Guild Contract. The District shall be billed for only school related overtime, which includes incidents that begin on the school grounds during the SRO's scheduled workday and continue into overtime. Overtime related to criminal incidents that do not involve the school will not be billed. 1.11 Sister Schools - Shall provide continuity of staffing during absences as described in Section 3.3. Decatur and Todd Beamer SRO's will provide coverage for each other, as will Federal Way and Thomas Jefferson. Truman will be supported as needed by the nearest available SRO. 1.12 Unscheduled absence - An unscheduled absence is defined as the Federal Way Police Department being notified of an absence by an assigned SRO less than twenty -four (24) hours prior to the scheduled shift. 2. Purpose. It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to the following high schools: Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. A Relief SRO will be assigned to assist with SRO coverage at the High Schools including Truman and school zone enforcement around Federal Way Schools for a total of five (5) full time positions. 3. City's Responsibilities. 3.1 SRO Assignment to the School Campus. Upon receipt of Notice from the District, the City agrees to assign an SRO, as defined in Section 1.3, for a rotation of one school year. In the event of operational needs or other unforeseen circumstances, the City will assign a replacement SRO. 3.2 Performance Evaluations, Discipline, Assignment, and Other Personnel Actions. The City will continue to- evaluate the performance of the SROs to administer discipline, to investigate allegations of misconduct, assign duties, and take any other personnel action in accordance with applicable City policies, guidelines, and/or collective bargaining agreements. The City, in its discretion, may utilize the District's performance comments /observations referenced in Section 4.2. SRO INTERLOCAL 82 - 2 - 9/2017 ` CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www ci"ffederahvay com 3.3 Staffing. A. Scheduled Absence. The City agrees to provide a full -day replacement for each day of scheduled absence with the following exceptions: 1. Each SRO shall attend one day of mandatory training provided by the City per month. Coverage during training shall be provided by the Relief SRO or under the "sister school" philosophy. During mandatory training, the City shall maintain minimum of four (4) SROs. 2. The SRO may attend additional designated training approved by the City and with the agreement of the school principal. The Safety and Security Director will be notified as soon as practical. When training outside of the mandatory monthly training is approved, a minimum of four (4) SRO's will be maintained by the City; one (1) to cover each high school. 3. The SRO's may attend the professional learning opportunities offered by FWPS, especially in the areas of restorative practice, adverse childhood effects, positive behavior interventions and cultural competency trainings. In the effort to more fully support the SRO district/school partnership, these trainings are focused on the strategic plan, the goals within the strategic plan and initiatives supporting FWPS work. B. Unscheduled Absence. The City shall maintain a minimum of four (4) SROs assigned within the District during school hours except during exigent circumstances, which include, but are not limited to natural disasters, riots, or large scale disturbances requiring Federal Way police officers response. 1. On the first day of an absence due to illness or emergency, coverage will be provided by the Relief SRO. 2. In the event the Relief SRO is already assigned to cover a building, the resulting coverage will be provided as described in the "sister school" philosophy. C. Absence for Other Duties and/or Training. Except as noted above, the City agrees to provide a replacement officer for the hours of absence in the event an SRO is absent more than four (4) hours for Department duties and/or training. D. Selection: The District will partner in the selection process of the SRO when a vacancy presents itself. This will ensure that the needs of the district and school are taken into consideration. 3.4 Transport of Criminal Suspects. After an SRO arrests individuals or detains individuals suspected of criminal activity, the SRO will normally remain on the school campus, and additional police officers will be dispatched to transport said individuals. The City, in its discretion, may require the SRO to leave the school campus and transport the individuals for processing and/or booking. 3.5 Invoices. A. Regular SRO Work. The City will submit two invoices during the school year, one in January and one in June, for work performed. Each invoice represents work for 91 days, which equates to one -half of the school year. B. Extra -duty Assignments. The City will submit an invoice monthly for all work as a result of extra -duty assignments. C. Overtime. The City will submit an invoice monthly for all overtime worked. The City maintains responsibility to document overtime. SRO INTERLOCAL 83 -3 - 9/2017 CITY OF CITY HALL Federal Way 33325 8m Avenue South Federal Way, WA 98003 8003 -6325 (253) 835 -7000 www cityoffederah"y com 3.6 Annual Cost Letter. On or before February I` of each year, the City will provide the District Security Director an Annual Cost Letter estimating the anticipated annual costs for services for the next school year. 3.7 Uniform and Equipment. A. Uniforms. Normally an SRO will be attired in police uniform. However, either upon the request of the building principal or, if applicable, the Memorial Field Coordinator, other attire may be approved by the City for specific occasions. Dress down attire will maintain a professional image and may include bike uniforms or other activity specific attire. B. Transportation. The City, in its discretion, may provide vehicles or other means of transportation for the SRO. C. Radio Communications. The City will provide the SRO a radio capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network. Cellular phones may be provided at the City's discretion. 3.8 Extra -duty Assignments. The City agrees to attempt to assign the extra -duty work to the SRO assigned to the particular school, but will also attempt to reduce any overtime. 3.9 Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through the Washington State Patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the Federal Bureau of Investigation before hiring any employee who will have regularly scheduled unsupervised access to children in the School District's schools. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The City shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the City may waive the requirement. 3.10 Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the City shall prohibit any employee of the City from working at a public school, who has contact with children at a public school, during the course of his/her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is a victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws or another jurisdiction. Any failure to comply with this section shall be grounds for the School District to immediately terminate this Agreement. SRO INTERLOCAL 84 - 4 - 9/2017 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoflederahvay com 4. District's Responsibilities. 4.1 District Request Removal of SRO. The District may request removal of an SRO for unsatisfactory performance or for incompatibility. All requests for removal must be in writing from the District's designee or the principal of the school being served and submitted to the Chief of Police. Upon the consultation with the Superintendent, the Chief of Police will make the final determination. 4.2 Performance Comments. The school principal and/or the District's designee will provide the City's SRO supervisor with performance comments and observations concerning the SRO upon request (generally on an annual basis). The City is wholly responsible for the SRO's performance appraisal; the school principal's and/or the District's designee comments will not replace the evaluation, but may be included in it. 4.3 Compensation. The billing rate for the SRO's will be adjusted annually in accordance with the Police Department Guild Collective Bargaining Agreement. Upon receipt of an invoice, the District will reimburse the City within thirty (30) days, exclusive of overtime and extra duty assignments costs. A. Annual Negotiation of Costs. After February 1" of each year, the District agrees to negotiate the compensation based upon the anticipated costs of services as set forth in the Annual Cost Letter in Section 3.6. B. Extra -dutassignments. The District agrees to pay the prevailing hourly rate for each extra duty hour worked by a police officer. In the event that overtime is incurred, the District agrees to pay the overtime rate as defined in Section 1.10. C. New Positions. In the event the City and the District agree to establish additional SRO positions during the school year, the District will pay the proportionate amount based upon the actual days worked. D. Overtime. The District agrees to pay authorized overtime costs in accordance with the Fair Labor Standards Act and the Guild Contract. 4.4 Office Space /Equipment. A. The District will provide office space, desk; dedicated phone line, voice mail, district and internet based electronic mail and a computer. B. The District will provide access to private interview rooms. C. Generally, the school campus of the District will provide a site -based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff /campus activities. In the event a site -based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. 4.5 Extra -Duty Assignments. The District shall determine the need for extra -duty assignments. Should there be a need for an extra -duty SRO, the District reserves the right to negotiate with the City for "extra- duty" police services as defined in Section 1.8. The District's first preference is that the SRO assigned to the school would also be assigned to the extra -duty assignments. When this is not possible, the extra -duty assignments shall be offered in the following order of priority: first, to current SRO's in the District; and, second to other Department police officers. SRO INTERLOCAL 85 - 5 - 9/2017 CITY OF ti Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 cw w cityoffederalway coin 4.6 Assignment of Daily Routine. The principal may request changes to the daily routine of the SRO, provided the assignment does not conflict with City policies, guidelines, protocols, work rules and /or applicable collective bargaining agreement. 4.7 Transport Students. The District will maintain responsibility to transport students not involved in criminal activity. 5. Hours of Work. An SRO will normally work an eight -hour shift, inclusive of the lunch period and school hours. The SRO may be subject to call during the lunch period. The actual hours worked will be determined by agreement between the District and the City. The Parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA) and that overtime may occur. A. SROs will attend weekly campus -based meetings with peer SROs and /or SRO supervisor. The weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes. The SROs are encouraged to attend the regional SRO meeting. 6. Term. The term of this Agreement shall be for a period of three years, from September 1, 2017 through August 31, 2020. Thereafter, this Agreement shall automatically renew year to year unless terminated pursuant to Section 7 hereof. 7. Termination. 7.1 The District may terminate this Agreement for "just cause" provided that it has provided ninety (90) days prior written notice to the City. "Just Cause" shall mean the City's failure to perform its obligations under this Agreement following notice from the District of such failure and after an opportunity for the City to cure or satisfy such obligations. 7.2 Either party may terminate this Agreement with or without cause at the end of the school year by ninety (90) days prior written notice to the other party. For this paragraph, the school year end date shall be June 30th of the current year. 8. Insurance. 8.1 Amount. It is hereby understood and agreed that each Party to this Agreement will maintain adequate insurance coverage at all times through either a purchased policy or a self - insured program insurance. 8.2 Certificate. Each Party shall provide proof of insurance coverage to the other Party. The City shall provide the District with an evidence of coverage letter. The District shall provide the City with an evidence of coverage letter from the Washington Schools Risk Management Pool. SRO INTERLOCAL 86 - 6 - 9/2017 CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www atyotiederatway com 9. Indemnification. 9.1 The District. The District agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. 9.2 The City. The City agrees to defend, indemnify, and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. 9.3 Survival. The provisions of this article shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. General Provisions. 10.1 Administration. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. 10.2 Independent Contractor. It is the intention of the City and of the District that each SRO is a City employee. 10.3 Confidentiality. Both the School District and the City are governed by laws requiring confidentiality for certain records and information contained therein. Pursuant to RCW 13.50.010(1)(a) the City and the School District are "juvenile justice and care" agencies which maintain records (hereinafter "juvenile records ") as defined in RCW 13.50.010(1)(c). Both Parties agree that the juvenile records will only be released in accordance with RCW 13.50.050(4). The City will not release copies of reports, investigations, or other documents which are not juvenile records if such records are exempt from disclosure under either the Public Disclosure Act, RCW 42.17.250- 42.17.348, or the Criminal Privacy Act, RCW 10.97 et seq. Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g and regulations promulgated thereunder, City personnel providing security services to the School District may be provided access to student records in the course of their duties and will be expected to maintain the confidentiality of such information except as disclosure is permitted by law. For the purposes of the foregoing statute, the City shall be recognized as an official law enforcement unit of the School District. SRO INTERLOCAL 87 - 7 - 9/2017 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 ewwv a"f%.derahvay corn 10.4 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 10.5 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 10.6 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 10.7 Assignment. Neither the City nor the District shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 10.8 Attorney Fees. In the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 10.9 No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. 10.10 Arbitration. Disagreement concerning the interpretation or application of the provisions of this Agreement is subject to arbitration provided that the Mayor, or his or her designee, and the District Superintendent, or his or her designee, have discussed and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and the District agree to use the services of the American Arbitration Association for the selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall be borne equally by the City and by the District. The arbitrator shall determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both Parties. 10.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. SRO INTERLOCAL 88 - 8 - 9/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 mvv: cityoffederahvay com 10.12 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. 10.13 Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that party drafted the ambiguous language. 10.14. Filing of Agreement. This Agreement shall be filed with the Secretary of the Board of Directors of Federal Way School District No. 210, the City Clerk of the City of Federal Way, and the King County Records and Elections Division. 10.15 Supplemental Security Officers. The District reserves the right to place a campus security officer to assist the assigned SRO at any time. [Signature page follows] SRO INTERLOCAL 89 - 9 - 9/2017 CITY OF Aft Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wxnv a4vffederahvay com IN WITNESS WHEREOF, the above and foregoing Inter -local has been executed by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY: Jim Ferrell, Mayor Attest: Stephanie Courtney, City Clerk Approved As To Form: J. Ryan Call, City Attorney FEDERAL WAY SCHOOL DISTRICT NO. 210: Dr. Tammy. Approved As To Form: Alex Sheridan, General Counsel SRO INTERLOCAL 90 _10- 9/2017 SUBJECT: REGENCY CLEANERS AMENDMENT #3 GOODS AND SERVICES FOR POLICE UNIFORM AND DRY CLEANING POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department extend the original 2014 Regency Cleaners Agreement to December 31, 2019 with Amendment #3? COMMITTEE: Parks, Recreations, Human Services and Public Safety Council Committee — (PRHS &PSC) CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Diane C. Shi Attachments: ❑ Ordinance ❑ Resolution Records Administrator MEETING DATE: Jan. 9, 2018 ❑ Public Hearing ❑ Other DEPT: Police 1. PRHS &PSC Staff Memo 2. Amendment #3 Goods and Services for Police Uniform and Dry Cleaning Options Considered: 1. Approve Amendment #3 2. Do not approve Amendment #3 MAYOR'S RECOMMENDATION: 1— Approve the Amendment #3 request MAYOR APPROVAL: Initial /Date Initi RECTOR APPROVAL: Initial /D:11� COMMITTEE RECOMMENDATION:1 move to forward Amendment 43 to the Regency Cleaners Good and Services Agreement for Police Uniform and Dry Cleaning to the January 16, 2018 Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `7 move approval of Amendment 43 to the Regency Cleaners Good and Services Agreement for Police Uniform and Dry Cleaning, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2015 RESOLUTION # 91 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 9, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Regency Cleaners Amendment #3 to the Goods. and Services Agreement for Police Uniform and Dry Cleaning. The Federal Way Police Department (FWPD) entered into a Goods and Services Agreement with Regency Cleaners Enterprises for Police Uniform and Dry Cleaning on February 6, 2014. We are requesting an extension to that agreement. Amendment #1 extended the term of the agreement through December 31, 2016. Amendment #2 extended the term of the agreement through January 31, 2018, and also amended the compensation. Amendment #3 extends the term of the agreement through December 31, 2019, and amends the total compensation to be no more than $40,000 for 2017 -2019. 92 CITY OF CITY HALL ra' Way 33325 8th Avenue South A�k Fede Federal Way, WA 98003 -6325 (253) 835 -7000 www ct"ffederalww com AMENDMENT NO.3 TO GOODS AND SERVICES AGREEMENT FOR POLICE UNIFORM AND DRY CLEANING This Amendment ( "Amendment No. 3 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Regency Cleaners Enterprises, LLC, a Washington limited liability company ( "Contractor "). The City a Washington limited liability cooperation and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Dry Cleaning Services ( "Agreement ") dated effective February 6, 2014, as amended by Amendment Nos. 1 and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2019 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. 93 AMENDMENT - 1 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwwWyoSederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE REGENCY CLEANERS ENTERPRISES, LLC: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of AMENDMENT P Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 94 -2- 3/2017 Ak CITY OF Way EXHIBIT B -3 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 swww wyoffederatway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Thirty Five Thousand and No /100 Dollars ($35,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Seventy Five Thousand and No /100 Dollars ($75,000.00). The listed prices do not include applicable sales tax, which will be added to each monthly invoice sent to the City. 2. Method of Compensation: ITEM PRICE 95 AMENDMENT -3 - 3/2017 PANTS DC $ 3.75 SHIRTS DC $ 3.75 OVERALL $ 5.00 SHIRTS LAUNDERED $ 1.75 PANTS LAUNDERED $ 3.75 SKIRTS DC $ 3.75 JACKETS DC $ 3.75 BLOUSES $ 3.75 TIE $ 1.75 MISC PRICED AS RECEIVED 95 AMENDMENT -3 - 3/2017 This Page Left Blank Intentionally ., COUNCIL MEETING DATE: January 16, 2018 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2018 PARKS AND RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2018 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: 1/9/2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Background: The Parks and Recreation Commission discussed their 2018 Work Plan during their November and December Commission meetings and voted to forward to Mayor Ferrell and the Council their proposed Work Plan for approval. Attachments: 2018 Parks and Recreation Commission Work Plan. Options Considered: 1. Approve the proposed Parks and Recreation Commission 2018 Work Plana 2. Do not approve the proposed 2018 Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: (,3 % DIRECTOR APPROVAL: Co nittee Coi cil Initial/Date Initial /Date COMMITTEE RECOMMENDATION: 1 move to approve the 2018 Parks and Recreation Commission Work Plan and forward it to the January 16, 2018 full Council consent agenda for approval. 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