2019-01-02 Council PKT- Regular CITY OF
�. Federal Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
January 2, 2019 — 7:00 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proclamation: National Mentoring Month ...page 4
b. Introduction of City Council Mentees — Councilmember Johnson
c. Mayor's Emerging Issues and Report
• Mayor's Homeless Task Force Report(previous Study Session)
• Report on Regional and Community Events: Federal Way High School Ribbon
Cutting/Grand Opening (12/5); Sound Cities Association Annual Meeting (12/5); King
County Veterans Workshop Job Fair(12/11); Chamber Quarterly City Update(12/11);
Federal Way Rotary on SeaTac Airport Issues (12/13)
d. Council Committee Reports
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Land Use/Transportation Committee (LUTC)
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Deputy Mayor Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor,come forward to the podium and state your name for the record. Please limit your
comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to
other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval;all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: December 4, 2018 Regular and Special Meeting Minutes ...page 5
b. South 356th (Pacific Highway South to Enchanted Parkway South) Improvement
Project— Project Acceptance ...page 17
c. Sound Transit TDLE Project Administration Agreement ...page 19
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
d. Authorization to Lease SWM Property for Temporary Parking ...page 46
e. RESOLUTION: Authorization to Accept Grant Funding for Transportation Improvement
Projects ...page 52
f. Arts Commission Contract for Services ...page 60
g. Arts Commission 2019 Work Plan ...page 62
h. Overtime Reimbursement from DEA for Marijuana Investigation FY2019 ...page 65
i. Pierce Transit Extra Duty Police Services Agreement—Amendment No. 1 ...page 77
6. PUBLIC HEARING
a. Program Year 2019 Community Development Block Grant (CDBG) Annual Action Plan
...page 81
• Staff Report: Sarah Bridgeford, CDBG/Human Services Coordinator
• Citizen Comment (3 minutes each)
• Council Discussion/Questions
b. Regarding Title 19 FWRC Interim Zoning Regulations Amended ...page 112
• Staff Report: Mark Orthmann, Deputy City Attorney
• Report: Scott Snyder, Outside Counsel
• Citizen Comment (3 minutes each)
• Council Discussion/Questions
7. COUNCIL BUSINESS
a. Contracts with WA Dept of Commerce and Mary's Place Seattle for Family Shelter
...page 116
b. Amended 2019 City of Federal Way Legislative Agenda ...page 225
8. ORDINANCES
First & Second Reading/Enactment
a. Council Bill #751 —Amending Interim Land Use Regulations to Control the Provision of
Telecommunications Facilities within the City
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE
ADOPTION OF INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO
RCW 35A.63.220 TO CONTROL THE PROVISION OF TELECOMMUNICATION FACILITIES
WITHIN THE CITY;AMENDING CHAPTER 19.256 FWRC. (Amending Ordinance Nos. 18-850; 15-
804; 15-797; 13-754; 11-700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43) ...page 228
b. Council Bill #752 —Amending Title 4 FWRC Regulations Relating to Small Wireless
Deployments, Franchising, and Small Wireless Permits in the City's Rights-of-Way
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SMALL
WIRELESS DEPLOYMENTS, FRANCHISING, AND SMALL WIRELESS PERMITS IN THE
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
CITY'S RIGHTS-OF-WAY AND FEDERALLY REQUIRED REVIEW PERIODS; AMENDING
CHAPTER 4.22 FWRC, CHAPTER 4.23 FWRC, AND FWRC 4.24.040. (Amending Ordinance
Nos. 18-851; 17-833) ...page 261
9. COUNCIL REPORTS
10. EXECUTIVE SESSION
Potential Litigation Pursuant to RCW 42.30.110(1)(i)
11. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
CITY OF
' .....- Federal Way
PROCLAMATION
"National Mentoring Month"
WHEREAS, the future of Federal Way rests on the shoulders of our youth;
and
WHEREAS, educated, confident and nurtured children will give rise to a
stronger city; and
WHEREAS, mentoring matches a child with a caring, responsible adult to
build confidence, stability and to provide guidance and direction; and
WHEREAS, research shows that mentoring has a beneficial and long term
impact on young people by increasing attendance at school; improving rates of
high school graduation; and decreasing involvement with drugs, alcohol and
violent behaviors; and
WHEREAS, January has been designated as National Mentoring Month;
calling on adults across America to become involved with mentoring
programs.
NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers
of the City of Federal Way, do hereby proclaim the month of January 2019 as
Mentoring Month in the City of Federal Way and urge all residents to
recognize the importance of mentoring and to look for opportunities to serve
as mentors in their communities.
SIGNED this 2nd day of January, 2019
FEDERAL WA YMAYOR AND CITY COUNCIL
71a 4(AZZ) n.- v14/N—
Jim Ferrell,Mayor -usa,onda,Deputy Mayor
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•a Asse a-D.,,-en, ouncilmember l/J - e E.Johhnnn on,Councilmember
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oang riOuncilmember Mark p ,C01.1cilmember
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Martin Moore, ouncilmember /Dini Duclos,Councilmember
COUNCIL MEETING DATE: January 2, 2019
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
ITEM #:
POLICY QUESTION: Should the City Council approve the draft minutes for the December 4, 2018 Regular and
Special City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Stephanie Courtney, Cit Clerk DEPT Mayor's Office
...... 1.111...... .........1111 ...._ ......... Y... _1111... _y ......... ......... .
Attachments:
Draft minutes for the December 4, 2018 Regular and Special Meetings
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Conmittee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A
Committee Chair
N/A CITY CLERK APPROVAL:
Council
Initial/Date
N/A
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
N/A
Committee Member
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 12/2016
RESOLUTION #
CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
December 4, 2018 — 5:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:00 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda,Councilmember Lydia
Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, , Councilmember
Mark Koppang, and Councilmember Martin Moore.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. INTERVIEWS
The City Council interviewed eight applicants for the Mentorship program.
• City Council Mentorship Program: Emerging Leaders
3. EXECUTIVE SESSION
At 6:24 p.m. Deputy Mayor Honda adjourned into Executive Session for the purpose of discussing
collective bargaining pursuant to RCW 42.30.140(4)(b) and potential litigation pursuant to RCW
42.30.110(1)(i) for approximately thirty (30) minutes.
• Collective Bargaining Pursuant to RCW 42.30.140(4)(b)
• Potential Litigation Pursuant to RCW 42.30.110(1)(i)
Council returned to Chambers at 6:49 p.m.
4. ADJOURNMENT
There being nothing further on the agenda; the Special Meeting was adjourned at 6:49 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page I of 1
December 4, 2018
CIT
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
December 4, 2018 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:03 p.m.
�qv
City officials in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson,
Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang,
Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. PRESENTATIONS
a.. Mayor's Emerging Issues and Report
• Holiday Tree Lighting at Town Square Park & Jingle Bell Brunch at Federal Way
Community Center
Parks Director John Hutton was pleased to report on two very successful holiday events for
the community. The Holiday Tree Lighting at Town Square Park and the Jingle Bell Brunch at
the Community Center were both well attended. He thanked staff and sponsors who
supported these family favorite events.
• City Council Meeting Schedule
Mayor Ferrell provided a reminder that this is the last scheduled City Council meeting of the
year. The December 18, 2018 meeting was canceled, as is typically done to allow staff and
Councilmember holiday time.
He was pleased to announce the members of the Veterans Committee include Deputy Mayor
Susan Honda; Dan Altmeyer; Frank Bannister; Roger Flygare; James Fossos; Bill Gates;
Gene Hunt; Bon Kellogg, Sr.; Lori Steinhorst; Bill Vadino, and Yarden Weidenfeld. Mayor
Ferrell stated this committee will meet to discuss and make sure the veterans in the
community have a voice.
b. Council Committee Reports
Federal Way City Council Regular Minutes Page 1 of 10
December 4, 2018
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Councilmember Duclos reviewed the agenda items that went through the last and noted the
next meeting will be January 22, 2019.
Lodging Tax Advisory Committee (LTAC)
Councilmember Moore reported the next meeting of the Lodging Tax Advisory Committee will
be December 12 at the Best Western Hotel at noon; discussion will center on off-season
tourism.
Land Use/Transportation Committee (LUTC)
Councilmember Koppang reported on good news regarding a $739K savings in project
efficiencies due to contractor and staff collaboration on the 356th to Enchanted Parkway
project. The next meeting will be Monday, January 7 at 5:00 p.m. and will include an update
on airport related issues.
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Johnson announced the December 11 meeting where discussion will take
place regarding the annual Arts Commission Work Plan, CDBG Action Plan, and Mary's
Shelter. There will also be a presentation regarding the recommendations of the
Homelessness Task Force.
Deputy Mayor Report
Since the previous Council Meeting Deputy Mayor Honda researched the proper protocol to
follow when a councilmember recuses him or herself. She indicated that attorneys have
varying opinions on what is appropriate when this occurs. She would like to see a policy
established as a part of the Council Rules of Procedure to guide future discussions and
eliminate confusion.
4. CITIZEN COMMENT
Dana Hollaway thanked the Council for rescinding their previous action which reallocated
funding from the Police Department. She voiced her disagreement on the SEPA MDNS
decision for the Greenline property. She expressed her desires for the city including strong
leadership, long-range plans, and updated impact fees. She highlighted the need for public
safety, low income housing and tax exemption, air traffic noise, homelessness/encampments,
and litter.
David Harrison, Vice President of the FUSION Board of Directors, shared the purpose and
results of their services. He indicated that the proposed project that received a grant from King
County is only in the planning stages; there are many conversations to be had and decisions
to be made.
Richard Pierson spoke on as a member of the Save Weyerhaeuser Board. He spoke against
the current proposal and asked Council to reduce the impact of proposed development.
Scott Chase spoke regarding the need for additional Police Officers siting specific incidents.
Federal Way City Council Regular Minutes Page 2 of 10
December 4. 2018
He asked Council to find additional revenue to fund public safety.
Chief of Police Andy Hwang clarified that there was one shooting on Thanksgiving
Day; noting a misprint in the crime blotter. There was an arrest related to the
robbery that took place.
Valorie Meads, Grouse Point resident, shared concerns regarding the proposed location of
the FUSION Transition Housing project.
Sharon English declined to speak.
Keli Johnson, aunt of Demario Johnson, shared the family's experience and distress at the
lack of responsibility and concern from Cafe Arizona. She implored Council to help ensure
businesses are insured, prepared, and safe.
Allison Taylor expressed appreciation to the community for their support both emotionally and
monetarily in her time of need. She spoke in support of the Federal Way Youth Action team
and shared her view on multiple ongoing issues within Federal Way. She also requested
support for Demario Johnson.
Julie Hiller, member of Light of Christ Church, spoke in support of the FUSION transitional
housing project. She wants to help families and this type of facility can help.
Pastor Ted Werfelmann has served at Light of Christ Church for 20 years. He shared the
FUSION Transition Housing project is not something they sought out, but came to them. They
have been prayerful as they have deliberated how they can help people.
Jack Dovey spoke about Federal Way Community Caregivers Network sharing that they give
a helping hand to those in need with rent assistance and meals. Their main mission is to keep
people in their homes.
Lamont Styles shared his experience with Rugged Genius and feels they are not considered
part of the whole community. He stated that police are not the only solution; he asked that
other options be considered.
Debra Hansen read a letter on behalf of the Save Weyerhaeuser Campus President, Lori
Sechrist. She expressed disappointment for the non -responsiveness of the city regarding the
MDNS comments. She also addressed the new IRG website and what she feels is
misinformation.
Lyn Idahosa spoke regarding the report from the Mayor's Task Force Against Homelessness
and is hopeful it will be an actionable report. She was disappointed with the vote on the
Federal Way Youth Action Team and the response to transitional housing. She asked that
marijuana shops be added to the ballot.
David Harrison read a letter on behalf of Peggy LaPorte, founder of FUSION, regarding the
proposed project at Light of Christ Church.
Letter read by City Clerk from Leah Boehem Brady regarding air monitoring.
Cynthia Ricks Maccotan, CHI Franciscan Health Violence Prevention Coordinator, spoke in
support of the 2019 Legislative Agenda, specifically the proposal for $200K to launch a
resource center for youth.
Federal Way City Council Regular Minutes Page 3 of 10
December 4, 2018
5. CONSENT AGENDA
a. Minutes: November 20, 2018 Special and Regular Meeting
b. Monthly Financial Report — October 2018
c. Vouchers — October 2018
d. Hylebos Harmonics Public Art for the PAEC — Project Acceptance
e. Washington Safe City Grant Award
f. APC Uninterrupted Power Supply (UPS) Replacement RFP Award
g. Safe City Equipment Upgrade Phase 2 RFQ Award
h. Traffic Signal Communications Upgrade Equipment
i. Community Center AV System
j. Resolution: 2019 Fee Schedule
DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH J ON THE CONSENT
AGENDA; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
Councilmember Assefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
6. PUBLIC HEARING
At 8:13 p.m. Mayor Ferrell opened the public hearing.
a. 2019/2020 Human Services General Fund Grant Funding Recommendations
Staff Report
CDBG/Human Services Coordinator Sarah Bridgeford gave a presentation on the Community
Services Grant Funding for 2019 and 2020. Estimated funding available is $536,000. The
application period was March 5, 2018 through April 10, 2018 and Federal Way received 86
applications (71 applications were considered complete and on-time; 14 were incomplete; and
1 was submitted after the deadline).
The Human Services Commission met to evaluate and discuss the applications and develop
preliminary funding recommendations which address the following:
a. Basic Human Services Needs
b. Individual and Community Safety
C. Development of a Comprehensive Human Services Network &
Services for Persons with Special Needs
d. Support Low -Income Families with Children
Citizen Comment
Dana Hollaway thanked the Human Services Commission and city staff who reviewed the
applications and made recommendations. She acknowledged it is especially challenging as
Federal Way City Council Regular Minutes Page 4 of 10
December 4, 2018
the requests exceed the amount of available money.
Cynthia Ricks Maccotan expressed gratitude as a resident to Council, staff, and the Human
Services Commission. She noted the amount allocated to this fund has not increased for
years and she asked that Council consider adjusting it. The additional funds would enable
them to provide even more support than they do.
Christy Abram, founder of Brown Girls Write, spoke regarding their therapeutic services and
what she believes the program can offer individuals in Federal Way if they are funded.
Council Discussion/Questions
Councilmembers thanked Ms. Bridgeford for the presentation and asked various clarifying
questions including if the four strategies can be revisited in the future to possibly update or
grow new programs for the city. Jeff Watson, Community Services Manager, agreed the
strategies created 22 years ago may need to be reviewed and possibly updated.
Councilmembers also asked for more information on the Federal Way Youth Action team and
possible intentional funding for the Violence Prevention Coalition recommendations.
COUNCILMEMBER JOHNSON MOVED TO CLOSE THE PUBLIC HEARING ON THE PROPOSED
2019-2010 HUMAN SERVICES GENERAL FUND GRANT FUNDING RECOMMENDATIONS AT
8:29 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as
follows:
Deputy Mayor Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
COUNCILMEMBER JOHNSON MOVED APPROVAL OF THE 2019-2020 HUMAN SERVICES
GENERAL FUND GRANTS IN THE AMOUNT OF $536,000 WITH DIRECTION TO STAFF THAT
SHOULD THE FUNDING FOR HUMAN SERVICES GENERAL FUND GRANTS BE GREATER
THAN ANTICIPATED, THE HUMAN SERVICES COMMISSION WILL SELECT, AT A FUTURE
MEETING, SPECIFIC PROGRAMS TO BE RECOMMENDED FOR RECEIVING ADDITIONAL
FUNDING, AND SHOULD FUNDING DECREASE, A PRO RATA ADJUSTMENT WILL BE
ADMINISTRATIVELY MADE BY STAFF TO ALL GRANTS EXCEPT TO THOSE THAT WOULD
RESULT IN A GRANT AMOUNT LESS THAN $5,000; COUNCILMEMBER MOORE SECOND. The
motion passed unanimously as follows:
Deputy Mayor Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
7. COUNCIL BUSINESS
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
a. 2018 Pavement Markings — Contract Award
Senior Traffic Engineer Erik Preston gave a brief presentation regarding the 2018 Pavements
Markings contract. He noted the city solicited electronic quotes from three contractors on the
small works roster in late November. Stripe Rite Inc., is the lowest responsive, responsible
bidder with a bid of $34,879.00.
Federal Way City Council Regular Minutes Page 5 of 10
December 4, 2018
COUNCILMEMBER KOPPANG MOVED TO AWARD THE 2018 PAVEMENT MARKINGS
CONTRACT TO STRIPE RITE INC., THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER IN
THE AMOUNT OF $34,879.00, AND AUTHORIZE THE MAYOR TO SIGN SAID AGREEMENT;
COUNCILMEMBER JOHNSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
b. ROW Landscape Maintenance — Authorization for Staffing
Public Works Director EJ Walsh gave a brief staff report regarding recent changes in the
State Department of Labor and Industries prevailing wages for landscape maintenance from
$17.87 per hour to $37.67 per hour. Federal Way has 31 acres of formal landscaping (street
trees, irrigation, mow strips, median beds, shrubs, and tree wells) which need maintenance
along with additional services such as litter control and garbage/recycle receptacle
maintenance. He noted our city is not alone in having to come up with an alternative plan as
the increase in overall costs has priced the service of private contractors out of the public
sector's available budget.
Mr. Walsh stated after much consideration, the plan proposed includes service reductions and
adding two (2) new full time staff (one crew lead and one maintenance worker — per the union
contract). This team will utilize seasonal temporary staff. In addition to staffing, he reviewed a
list of materials and equipment which will need for this program. He provided the total staffing
costs for each position based on the union negotiated contract, and estimated costs of initial
and ongoing costs.
Councilmembers thanked Mr. Walsh for his presentation and asked clarifying questions
regarding the estimated salaries for the two positions; his totals included salary and benefits.
Council comments also included questions regarding the level of the pay range and the need
for a lead position. Mr. Walsh restated the salary and requirements of a lead position is all
dictated from the negotiated labor contract.
COUNCILMEMBER KOPPANG MOVED TO AUTHORIZE THE CREATION OF TWO (2) FULL-TIME
EMPLOYEE POSITIONS FOR RIGHT OF WAY MAINTENANCE AND APPROVAL OF THE RIGHT
OF WAY LANDSCAPE MAINTENANCE PROGRAM TO START IN 2019. COUNCILMEMBER
DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
c. Authorizing the Finance Director to Certify the Levy
Finance Director Ade Ariwoola noted this authorizes him to certify the levy once approved
by Council later this evening on tonight's agenda.
COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE THE FINANCE DIRECTOR TO CERTIFY
THE LEVY TO THE COUNTY LEGISLATORS; COUNCILMEMBER KOPPANG SECOND. The
motion passed unanimously as follows:
Federal Way City Council Regular Minutes Page 6 of 10
December 4, 2018
Deputy Mayor Honda
yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
d. 2019 Legislative Agenda
Senior Policy Advisor Yarden Weidenfeld made a brief presentation regarding the 2019
Legislative Agenda. He noted he heard not additional feedback following the last City Council
Meeting.
Council expressed the desire to send a joint letter to the Federal Way School Board to request
they add Airport Issues on the School Districts Legislative Agenda.
COUNCILMEMBER JOHNSON AUTHORIZED THE MAYOR TO WRITE A LETTER ON BEHALF
OF THE COUNCIL (TO REQUEST THE SCHOOL BOARD INCLUDE AIRPORT ISSUES ON THEIR
LEGISLATIVE AGENDA); COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed
unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
DEPUTY MAYOR HONDA MOVED APPROVAL OF THE 2019 LEGISLATIVE AGENDA AS
PRESENTED; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously
as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
8. ORDINANCES
Second Reading/Enactment
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
a. Council Bill #747 Abandoned Shopping Carts Regulations
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
SHOPPING CART REGULATION; AMENDING FWRC 07.03.020 AND 07.03.040, AND
ADDING NEW CHAPTER 07.25 FWRC. (Amending Ordinance Nos. 09-596-110-669-1 and
12-715)
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE.
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
b. Council Bill #748 Complete Streets Policy Revisions
Federal Way City Council Regular Minutes Page 7 of 10
December 4, 2018
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
COMPLETE STREETS POLICY REVISION TO BUILD STREETS FOR ALL USERS
AND TRAVEL MODES; AMENDING FWRC 19.135.205 (Amending Ordinance No. 12-
718)
City Clerk Stephanie Courtney read the ordinance title into the record.
Council asked for clarification how this ordinance applies to private developments.
Public Works Director EJ Walsh noted this ordinance is codifying current process for
public projects and public streets. Mr. Walsh spoke more specifically to answer direct
questions regarding hypothetical situations regarding variance requests and other
application processes on private property.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
c. Council Bill #749 - 2019-2020 Biennial Budget
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGET AND FINANCE, ADOPTING THE 2019-2020 BIENNIAL BUDGET.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED BUDGET;
COUNCILMEMBER KOPPANG SECOND.
DEPUTY MAYOR HONDA MOVED TO MODIFY THE PENDING MOTION BY MODIFYING THE
BUDGET TO USE $161,000 OF RESERVE ACCOUNT MONEY TO FUND TWO (2) ON-GOING FTE
INFORMATION TECHNOLOGY (IT) DEPARTMENT POSITIONS (1- FTE APPLICATION ANALYST
$100,472 AND 1- FTE ADMINISTRATIVE ASSISTANT $59,794); COUNCILMEMBER ASSEFA-
DAWSON SECOND.
Discussion centered on the use of reserve funds for ongoing staff positions.
Councilmembers while acknowledging the need for additional FTE's in the IT
Department which supports all city departments, were not fully supportive of using
reserve funds. Deputy Mayor Honda asked the Mayor for opportunity to fully fund
these positions in the 2019 budget adjustment.
Deputy Mayor Honda withdrew her amendment.
Councilmembers continued to discuss the status of budget and asked Finance
Director Ade Ariwoola questions regarding the Intra -fund loan and bonding. Council
asked the conversation on items not currently funded continue, and requested this
topic be added to the Council Retreat agenda in January. Director Ariwoola agreed the
city needs sustainable revenue moving forward.
Councilmember Tran expressed concern over the proposed budget, including debt
service payments for the Performing Arts and Event Center, the continued pay
disparagement between represented and non -represented employees, and the
Federal Way City Council Regular Minutes Page 8 of 10
December 4. 2018
decrease in the ending fund balance. Councilmember Johnson feels the current
budget does not address the Council priorities outlined at the last retreat; not
supporting the proposed budget.
Deputy Mayor Honda asked for additional information regarding the timing of the bond
in 2019. Finance Director Ariwoola stated that discussion will happen in early 2019.
Deputy Mayor requested a special meeting in January to discuss revenue options.
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING
PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed
unanimously as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
Councilmember continued to discuss their concerns with the proposed budget and the
need for more sustainable revenue in the future. Council discussed the possibility of
adding an additional meeting prior to the end of the year.
COUNCILMEMBER DUCLOS CALLED THE QUESTION; COUNCILMEMBER KOPPANG
SECOND. The motion failed 4-3 as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson no Councilmember Moore no
Councilmember Johnson no Councilmember Duclos yes
Councilmember Tran no
Council discussion continued on the proposed budget
COUNCILMEMBER MOORE MOVED TO AMEND THE PENDING MOTION IN THE FOLLOWING
MANNER: TO DIP INTO THE FEDERAL WAY POLICE DEPARTMENT OVERTIME BUDGET BY
$25,000 TO FUND FEDERAL WAY YOUTH ACTION TEAM IN 2019, UNTIL THE FIRST BUDGET
AMENDMENT IN 2019; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously
as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
COUNCILMEMBER ASSEFA-DAWSON MOVED TO AMEND THE PENDING MOTION TO
APPROVE THE BUDGET TO MODIFY THE MAYOR'S PROPOSED BUDGET TO MOVE $26,000
FROM THE POLICE OVERTIME BUDGET TO FUND THE SOUTH KING COUNTY HOUSING &
HOMELESS PARTNERSHIP FOR 2019 TO BE REPLACED AT THE FIRST BUDGET AMENDMENT
IN 2019; DEPUTY MAYOR HONDA SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
Main motion (approval of the Council Bill #749) as amended passed 5-2 as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
Federal Way City Council Regular Minutes Page 9 of 10
December 4, 2018
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson no Councilmember Duclos yes
Councilmember Tran no
d. Council Bill #750 - 2019 Property Tax Levy
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2019.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
9. COUNCIL REPORTS
Councilmember Duclos declined providing a report and left the meeting at 11:18 p.m.
Councilmember Moore expressed appreciation for the amendments made to the budget;
through these a message has been sent to the youth of the city. He anticipates additional
conversations which will lead to budget amendments in the coming year.
Councilmember Koppang hopes the message provided is that the Council is both fiscally
responsible while remaining committed to looking at innovation and addressing the needs of
the community. He acknowledges there is a lot to do in the years ahead.
Councilmember Tran wished everyone a Merry Christmas.
Councilmember Johnson stated that the meeting was a first step; that both IT and issues
surrounding homelessness were not addressed. He hopes to do so in the coming year. He
wants to improve as a city and believes it will take the reallocation of funds to do so.
Councilmember Assefa-Dawson thanked Council for their hard work and wished everyone a
Merry Christmas.
Deputy Mayor Honda indicated that she will continue to advocate for additional funding to
increase IT staffing levels as well as address homelessness.
10. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting on at
11:21 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 10 of 10
December 4, 2018
5b
SUBJECT: S. 356TH (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) IMPROVEMENT PROJECT -
PROJECT ACCEPTANCE
POLICY QUESTION: Should City Council accept the S. 356th (Pacific Highway South to Enchanted Parkway)
Improvement project as complete?
COMMITTEE: Land Use & Transportation
MEETING DATE: December 3, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Naveen Chandra, P.E., Street Systems Proj. Engr. � DEPT: Public Works
Attachments: Land Use & Transportation Committee Memorandum dated December 3, 2018
Options Considered:
1) Authorize final acceptance of the S. 356th (Pacific Highway South to Enchanted Parkway Improvement
project constructed by SCI Infrastructure, LLC in the amount of $3,540,311.85 as complete.
2) Do not authorize final acceptance of the completed S. 356th (Pacific Highway South to Enchanted Parkway
Improvement project as complete, and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 2, 2019 City
Council consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL:
nnIt�Z
Co ttee 'Cou i Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 2, 2019 City Council consent
agenda for approval.
Mark Koppa Committee Chair' esse J nson, Committee Member Hoang Tnifi, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the S. 356`h (Pacific Highway to
Enchanted Parkway) Improvement project constructed by SCI Infrastructure, LLC in the amount of
$3,540,311.85 as complete. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 3, 2018
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: E. J. Walsh, P.E., Public Works Director
Naveen Chandra, P.E., Street Systems Project Engineer �G
SUBJECT: S. 356th (Pacific Highway South to Enchanted Parkway) Improvement Project - Project
Accevtance
FINANCIAL IMPACTS:
This is the acceptance of construction as complete, and therefore no additional funds are proposed to be
spent as part of this agenda item.
BACKGROUND:
This project resulted in the construction of a continuous 5 -lane urban arterial with bike lanes between Pacific
Highway South and Enchanted Parkway. The project also included utility undergrounding, storm drainage
improvements, paving, curb and gutter, ADA ramps, sidewalk, street lighting, traffic signal modification,
signing, channelization, and landscaping.
Prior to release of retainage on a Public Works construction project, the City Council must accept the work
as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The S. 356th (Pacific Highway South to Enchanted Parkway) Improvement Project
constructed by SCI Infrastructure, LLC is complete. The final construction contract amount is
$3,540,311.85. This is $739,017.16 below the $4,279,329.01 (including contingency) budget that was
approved by the City Council on February 21, 2017.
cc: Project File
5C
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SOUND TRANSIT TDLE PROJECT ADMINISTRATION AGREEMENT
POLICY QUESTION: Should City Council authorize execution of an Inter -Local Agreement with Sound Transit
to allow for reimbursement of incurred costs associated with the Tacoma Dome Link Extension Project?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: December 3, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Tony Doucette, P.E., Sound Transit LiaisonN DEPT: Public Works
...................................................................................................................................................................................................................................................................................................................
..........................................................................................................................................................................................................................
Attachments: Land Use and Transportation Committee Memorandum dated December 3, 2018.
Options Considered:
Approve the Inter -Local Agreement with Sound Transit to allow for reimbursement of incurred costs
associated with the Tacoma Dome Link Extension project and authorize the Mayor to execute the
agreement.
2. Nota rove the Inter -Local Agreement with Sound Transit and provide direction to staff.
................... .............Pp........................................................._............................ I............. g.............................................................................................._........_......_..............._........... ....................... .........................._.....__._........................... ................
....._....
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the January 2, 2019 City
Council consent agenda for approval.
MAYOR APPROVAL:
Initial/Date
APPROVAL: k2/ 1 {k2ol1a
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 2, 2019 consent
agenda for approval.
l"�Z Z?�
Mark Koppa Committee Cha' Jd/seffohnson, Committee Member Hoang Tran, ommittee Member
PROPOSED COUNCIL MOTION: "I move to approve the Inter -Local Agreement with Sound Transit to allow for
reimbursement of incurred costs associated with the Tacoma Dome Link Extension project and authorize the
Mayor to execute the 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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 3, 2018
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
EJ Walsh, P.E., Director of Public Works
FROM: Tony Doucette, P.E., Sound Transit Liaison
SUBJECT: Sound Transit TDLE Project Administration Agreement
FINANCIAL IMPACTS:
This project was not included within the approved budget; however the Project Administration
Agreement provides the framework for the City to be reimbursed for staff time spent during the Tacoma
Dome Link Extension (TDLE) project.
BACKGROUND:
Sound Transit is in the alternatives development phase of the TDLE project and is working toward
selecting an alternative to carry forward into the environmental review process. The environmental
process will complete an Environmental Impact Statement (EIS) to be approved by both the Federal
Transit Administration (FTA) and Federal Highway Administration (FHWA).
Funding for construction of the project was approved by the voters via ballot measure Sound Transit 3
(ST3). The TDLE project will extend light rail mass transit from the Federal Way Transit Center at the
terminus of the Federal Way Link Extension (FWLE) project south to Tacoma Dome by 2030.
The City has already entered into a Project Partnering Agreement with Sound Transit for the TDLE
project that outlines processes and decision making, defines the project, describes the environmental
review process and provides a path forward to partner as light rail is extended south through the City. In
advance of the environmental review process, preliminary design, permitting, final design, and
construction, which will be completed by Sound Transit and associated consultants and contractors,
interaction is required between the City and Sound Transit to:
• Evaluate and select alternatives;
• Prepare, review, and approve agreements;
• Review and approve construction plans; and
• Review and approve permits.
The attached Inter -Local Agreement has been prepared to create a framework that defines responsibilities,
procedures, and task orders that allows Sound Transit to reimburse the City for costs incurred associated
with the above activities.
The first Task Order (Task Order 1), attached for reference, provides funding for coordination,
communication, and alternatives evaluation. The available funding will cover time incurred beginning in
January 1, 2018 and continuing through June 30, 2018. Subsequent Task Orders will be required for the
environmental process, preliminary design, final design and permitting, inspection, and activities through
the start of revenue service in 2030.
December 2, 2018
Land Use and Transportation Committee
Sound Transit TDLE Project Administration Agreement
Page 2
The future Development Agreement, which will also require Council approval and outlines Sound
Transit's responsibilities for construction, station, track and surrounding improvements, is not part of this
Inter Local Agreement and will be a separate, stand alone, agreement.
cc: Project File
Day File
PROJECT ADMINISTRATION AGREEMENT BETWEEN
THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT)
AND THE CITY OF FEDERAL WAY FOR THE
TACOMA DOME LINK EXTENSION PROJECT
GA 0167-18
This Project Administration Agreement is entered into between the City of Federal Way (City), a
Washington municipal corporation, and Sound Transit, a regional transit authority of the State of
Washington for the purposes set forth below. Sound Transit and the City are collectively referred to
hereafter as "the Parties" or, individually, as a "Party."
RECITALS
A. The City is a non -charter municipal code city incorporated under the laws of the State of
Washington, with authority to enact laws and enter into agreements to promote the health,
safety, and welfare of its citizens and for other lawful purposes.
Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112
RCW with all powers necessary to implement a high capacity transit system within its
boundaries in King, Pierce, and Snohomish Counties.
C. The City is responsible for administering state and local transportation and land use laws and
development regulations that will apply to Sound Transit projects located within the City's
jurisdiction. The City is also responsible for managing streets and municipal utilities within its
jurisdiction and for providing municipal services such as public safety.
D. The Sound Transit Long Range Transit Plan identifies the Tacoma Dome Link Extension (TDLE)
Project (Project) within the City's jurisdiction.
E. The City and Sound Transit executed a Partnering Agreement for the Tacoma Dome Link
Extension Project (GA 0091-18) on June 27, 2018 (Partnering Agreement), to document and
confirm a mutual understanding of general terms and conditions to advance the
implementation of the Project.
F. This Agreement addresses the commitment in Section 10 of the Partnering Agreement for the
Parties to work cooperatively to negotiate in good faith a funding agreement to provide
reimbursement to the City for the costs of certain services and products related to the
successful planning and implementation of the Project.
G. The Partnering Agreement guided the development of this Agreement, and the applicable terms
and conditions of the Partnering Agreement will also apply to this Agreement as described
herein.
GA 0167-18 Page 1
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
1. Purpose
Sound Transit's TDLE Project includes facilities to be constructed within the City's jurisdiction.
Interaction will be required between the City and Sound Transit to prepare, review and approve
agreements between one another, and Sound Transit will prepare construction plans and secure
property rights, permits, and approvals from the City and other entities for the construction and
operation of Sound Transit's facilities and services. The intent of this Agreement is to establish (1)
roles and responsibilities with regard to the TDLE Project, (2) terms and procedures for the City to
review and approve the proposed use and permits, and (3) a task order process for Sound Transit to
pay the City for the costs of providing design, permitting, and public right-of-way review and
approval services that will be required to allow construction of Sound Transit facilities within the
City.
2. Designated Representatives
The City and Sound Transit have designated formal points of contact and coordination for this
Agreement, outlined in Section 2.2 of the Partnering Agreement.
3. Cooperation and Good Faith Efforts
3.1 The Parties understand and agree that the activities described in this Agreement depend upon
timely and open communication and cooperation between the Parties. In this regard,
communication of issues, changes, or problems that arise with any aspect of the work should
occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each
Party agrees to work cooperatively and in good faith toward resolution of any such issues.
3.2 The Parties acknowledge that this Agreement contemplates the execution and delivery of a
number of future documents, instruments and permits, the final form and contents of which
are not presently determined. The Parties agree to provide the necessary resources and to
work in good faith to develop the final form and contents of such documents, instruments and
permits, and to execute and deliver the same promptly.
4. Environmental Review
Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and other
agencies with jurisdiction, Sound Transit will complete the substantive and procedural
environmental review for the Project in accordance with SEPA requirements. The environmental
review will cover the City's issuance of permits for the Project as well as environmental mitigation,
and the City will use and rely upon the environmental documents to satisfy its SEPA responsibilities,
consistent with WAC 197-11-600. The foregoing does not limit the City's authority to impose
reasonable permit conditions pursuant to its development regulations and is not a substitution for
approval of any permits required under City code.
GA 0167-18 Page 2
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
S. Essential Public Facilities
The Parties agree that the TDLE Project is a regional transportation facility that has the status of an
essential public facility (EPF) and that the requirements of RCW 36.70A.200 are applicable. The siting
and location of the TDLE project shall be consistent with RCW Chapter 36.70A.
6. Task Orders for City Services
6.1 General Approach. Sound Transit agrees to pay the City for the costs associated with particular
tasks that:
• Are required or necessary because of the implementation of Sound Transit's TDLE Project in the
City; or
• Are directly related to the Project, are essential to meeting Project objectives and schedule, and
support Project design, permitting and construction activities, such as documentation of durable
and specific Project commitments, public right-of-way review and approval services,
documented decisions including permit approvals, and other types of agreements furthering
implementation of the Project; or
• Respond to requests made by Sound Transit to provide Project -related technical information
such as data, reports or studies or to provide engineering or design services for City owned
utilities or other public works affected by the Project; or
• Sound Transit asks the City to undertake and has negotiated a Task Order as described in Section
6.2, or other written agreement, for payment to the City; or
• May include tasks that Sound Transit asks the City to complete on a shorter schedule than the
City would otherwise follow.
Costs for services will be based on the current hourly rate adopted as part of the City's Fee
Ordinance Schedule at the time that charges are incurred.
This may include tasks that Sound Transit asks the City to complete on a shorter schedule than the
City would otherwise follow. City services are described in further detail in Section 6.3.
In general, Sound Transit will not pay the City for the costs associated with the following:
• Coordination between Sound Transit and the City normally provided as between government
agencies.
City services provided in the ordinary course of business and on the City's usual time and
schedule that the City does not ordinarily charge fees for. This includes attendance at public or
advisory meetings.
City services that ST will pay for under existing land use, permitting, or other fee schedules. An
exception to this exclusion would occur if a task order or other agreement establishes a
different payment structure in lieu of the established payments and fees.
6.2 Task Orders. Sound Transit will request that the City perform specific work under this
Agreement through written Task Orders. A task order shall be prepared by Sound Transit,
GA 0167-18 Page 3
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
reviewed by the City, and executed by the Parties for each work effort to be covered by this
Agreement. A list of anticipated task orders is attached as Exhibit A. Task orders shall be in a
format similar to that shown in Exhibit B. Each task order shall contain a scope of work, a
detailed cost estimate, and a schedule of work. The cost estimate shall establish a maximum
funding level for the task order. Each task order shall be executed by authorized representatives
of Sound Transit and the City and shall incorporate by reference the provisions of this
Agreement.
6.3 Task Order Management. For each Task Order, the City will provide monthly progress and cost
updates to Sound Transit indicating the amount spent and the estimated cost to complete for
each scope and budget element included in the Task Order. If actual costs are anticipated to
exceed the amount of the Task Order, the Designated Representatives (or designees) will
prepare a mutually agreeable cost estimate to complete the work and develop an appropriate
course of action, which may include amending the Task Order.
6.4 City Services. Task orders may address some or all of the following types of activities as
appropriate to the project or phase. Each task described below is optional and should only be
included in Task Orders when the City and Sound Transit agree it is appropriate.
A. Project Administration.
A.1. Coordination and Communication. Activities including participation at regularly scheduled
project -level coordination meetings and providing on-going project management activities, as
well as central coordination of all submittal reviews, comment coordination and consolidation,
and identification of projects or proposals (e.g., utility or public works projects or private
development projects) that have the potential to conflict with or interfere with Sound Transit's
Projects.
A.2 Management and Administration. Project management activities including staffing, budget,
and schedule management, progress reports and invoicing, and other related activities.
A.3 Agreements. Review and approval of Memoranda of Understanding, Development
Agreements, Services Agreements, Task Orders and other related activities.
B. Design Review. Project design review consisting of informal "over the shoulder" (OTS)
reviews and formal design submittals for which the City is expected to provide formal comments
to Sound Transit.
6.1. OTS Review. OTS review meetings may be scheduled on an as -needed basis to keep Project
team members apprised of developments in the design process, seek feedback or concurrence
from the City on aspects of the design as it is progressing, and to determine whether the design
is consistent with City codes and regulations.
B.2. Formal Submittals. Sound Transit will occasionally submit design review packages to the City
for formal review and comment during the earlier project phases and regularly during the
permitting and construction phases. The design review packages, including specific timeframes
for Sound Transit to provide advance notification to the City and for City review, are to be
described in the scopes of work included in Task Orders. If the City foresees that comments will
GA 0167-18 Page 4
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
not be returned within the agreed upon timeframe, the City shall notify Sound Transit of the
delay as soon as possible so the Parties can determine an acceptable solution. City comments
should identify any aspects of the design that do not meet City codes and regulations so the
inconsistency can be corrected.
C. Planning and Design Coordination.
C.1 Station Access Improvements. Coordination between the City and Sound Transit with regard
to station access improvements, such as placement of kiss and ride facilities, parking, ride share
services, and other emerging technologies, transit integration, wayfinding, and non -motorized
access improvements.
C.2 Transit Oriented Development (TOD). City services to partner with Sound Transit to
incorporate TOD principles during project design and permitting and to support Sound Transit in
evaluating and planning for TOD around Sound Transit facilities and on Sound Transit owned
properties that will no longer be needed for future transit operations or maintenance after
construction is complete.
C.3 Right -of -Way (ROW). Coordination between the City and Sound Transit with regard to City
ROW. This may include review of a Transit Way Agreement, temporary easements or street
vacations, required improvements, or any other actions/transfers involving City ROW.
C.4 Joint Projects or Partnerships. City services that meet the general approach described in
Section 6.1 where partnership will occur for a related separate City project, that Sound Transit
may be contributing to as mitigation or project enhancement, or if there is a third party project
(private, WSDOT, utility) that Sound Transit and the City need to coordinate with, or if there is
something specific that Sound Transit needs to incorporate into the Sound Transit Project.
D. Permits and Approvals.
D.1. Establish Permit Process. City coordination with Sound Transit to determine a streamlined
and consolidated permitting process for the Project that will allow for the City to review and
process permits in the most expeditious manner allowable under applicable laws. This may
include the preparation of a development agreement, development code amendments, or other
types of documents to implement a permitting process.
D.2. Permitting and Inspection Activities. City permit activities directly related to permit
processing, approval, and issuance including inspections, if these activities are not already
provided for through standard permitting fees.
E. Other Services. Other services as deemed appropriate by the City and Sound Transit.
6.5 Eligible Costs. The following types of expenditures shall be eligible for reimbursement:
• Direct project costs including labor charges at the employees' current rates in accordance with
the City adopted fee schedule on an hourly basis at the time the charge is incurred.
• Direct non -salary costs reimbursed at the actual cost to the City.
GA 0167-18 Page 5
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
• All consultant costs that are consistent with the activities identified in the Task Order Scope of
Work and within the Task Order Cost Estimate.
• Mileage for meetings requested by Sound Transit outside of the City of Federal Way limits will
be charged at the standard IRS rate in effect at the time the charge is incurred.
This Agreement does not cover the City's normal capital and operating expenses such as
buildings, office equipment, maintenance, security, utilities, or vehicles, except those expenses
normally included in the City's cost -based fee calculation for services.
6.6 Performance. If the City does not perform the services described in the Task Orders, provide
formal review comments within the Design Submittal review times as agreed upon in
accordance with Section 6.3 or provide notice to Sound Transit as set forth in Section 6.3.6.2, or
fails to identify development code conflicts that require design changes during the permitting
process, and if the failure to perform is solely attributable to the City's actions or inactions,
appropriate corrective action will be discussed and agreed to by the City and Sound Transit
Designated Representatives. Should the corrective action not be agreed to or resolve the
problem within one (1) week, the dispute resolution process identified in the Partnering
Agreement may be commenced and Sound Transit may request specific resolutions including a
reduction of reimbursable costs owed to Sound Transit by the City.
7. Invoicing
7.1 The City shall submit quarterly invoices and supporting documentation for task order payments.
The invoices must include a signed invoice template which Sound Transit will provide, a progress
report including a description of services provided by the City, the appropriate purchase order
number, which Sound Transit will provide after execution of each task order, a cover memo
including a description of services provided by the City, and supporting documentation detailing
the work completed and associated costs.
7.2 The City shall submit its invoices with the required documentation via email or mail to
AccountsPayable@SoundTransit.org, or Sound Transit, Accounts Payable, 401 S. Jackson St.,
Seattle, WA 98104-2826. Invoices must be paid within thirty (30) days of Sound Transit's receipt
of the invoice and acceptable documentation.
7.3 If Sound Transit determines that an invoice lacks sufficient documentation to support payment,
Sound Transit will notify the City of its determination and request that the City provide
additional documentation. Sound Transit may withhold payment for contested portions of the
invoice until supporting documentation for the contested portions are provided; however, such
approval shall not be unreasonably withheld.
GA 0167-18 Page 6
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
8. Suspension and Termination
8.1 If the City has not received payment from Sound Transit as provided in Section 7, the City may
suspend performance of all or any part of the associated work after giving Sound Transit thirty
(30) days' notice of the City's intent to do so. Such suspension shall remain in effect until
payment is made in full, at which time the suspension shall be lifted.
8.2 Either Party may terminate this Agreement for cause in the event that the other Party fails to
fulfill its material obligations under this Agreement in a timely manner or breaches any material
provision of this Agreement and the dispute resolution process identified in Section 12 of the
Partnering Agreement has failed to reach resolution within the timelines described therein. The
Party wishing to terminate this Agreement for cause shall provide the other Party with notice of
its intent to terminate and shall give the other Party an opportunity to correct the failure to
perform or breach within thirty (30) days of the notice or within such longer period as may be
necessary in the event that correction cannot reasonably be accomplished within thirty (30)
days. If the failure or breach is not corrected or cured, this Agreement may be terminated by the
aggrieved party by giving ninety (90) days' notice to the other Party.
8.3 This Agreement shall also terminate with the mutual consent of both parties.
8.4 Except as provided in this Section, a termination by either Party shall not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any costs
incurred prior to proper notification of termination will be borne by the Parties in accordance
with the terms of this Agreement.
9. Indemnity
9.1 Each Party agrees to hold harmless, indemnify, and defend the other Party, its elected officials,
officers, agents, and employees, from and against any and all claims, losses or liability, for
injuries, sickness or death of persons, including employees of the indemnifying Party, or
damages, arising out of any willful misconduct or negligent act, error, or omission of the
indemnifying Party, its officers, agents, or employees, in connection with the services required
by this Agreement, provided, however, that:
9.1.1 The indemnifying Party's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death, or damage caused by or resulting from the sole willful
misconduct or sole negligence of the other Party, its elected officials, officers, agents or
employees; and
9.1.2 The indemnifying Party's obligations to indemnify, defend and hold harmless for injuries,
sickness, death, or damage caused by or resulting from the concurrent negligence or willful
misconduct of the indemnifying Party and the other Party, or of the indemnifying Party and
a third party other than an elected official, officer, agent, or employee of the indemnifying
Party, shall apply only to the extent of the negligence or willful misconduct of the
indemnifying Party, its elected officials, officers, agents, or employees.
9.2 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in
relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its
GA 0167-18 Page 7
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
officers, agents and employees harmless from any tax liability owed by other Party arising from
or related to the transactions set forth herein, including, but not limited to, any taxes, penalties,
fines, and/or interest that are assessed by any tax authority against the indemnifying Party and
further including all attorneys' fees and costs incurred in response to any claims or assessments
by any tax authority against indemnifying Party, its officers, agents and employees.
9.3 The obligations in this Section shall survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or completion.
10. Dispute Resolution
10.1 The Parties agree that neither party shall take or join any action in any judicial or
administrative forum to challenge actions of the other party associated with this Agreement
or the Project, except as set forth herein. Prior to taking or joining any action in any judicial or
administrative forum to challenge actions of the other party associated with the Agreement or
Project, the Parties agree to follow the dispute resolution process set out in this section 10.
The Parties agree to use their best efforts to prevent and resolve potential sources of conflict
at the lowest level possible.
10.2 Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section. The Parties agree that
cooperation and communication are essential to resolving issues efficiently.
10.3 Either Party may refer a dispute to the dispute resolution process by providing written notice
of such referral to the other Party's Designated Representative. The Parties agree to use their
best efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
10.3.1 Level One - Sound Transit's Designated Representative and the City's Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely manner.
If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to
Level One, either party may refer the dispute to Level Two.
10.3.2 Level Two -Sound Transit's Executive Project Director, and the City's Public Works Director
shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot
resolve the dispute within fourteen (14) days after referral of that dispute to Level Two,
either party may refer the dispute to Level Three.
10.3.3 Level Three -Sound Transit's Executive Director, Engineering and Construction Management
or Designee and the City's Mayor or Designee shall meet to discuss and attempt to resolve
the dispute in a timely manner.
Except as otherwise specified in this Agreement, in the event the dispute is not resolved at
Level Three within fourteen (14) days after referral of that dispute to Level Three, the Parties
may file suit, seek any available legal remedy, or agree to alternative dispute resolution
methods such as mediation. At all times prior to resolution of the dispute, the Parties shall
GA 0167-18 Page 8
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
continue to perform any undisputed obligations and make any undisputed required payments
under this Agreement in the same manner and under the same terms as existed prior to the
dispute. Notwithstanding anything in this Agreement to the contrary, neither party has an
obligation to agree to refer the dispute to mediation nor other form of dispute resolution
following completion of Level Three of the process described herein. Such agreement may be
withheld for any reason or no reason.
11. Remedies and Enforcement
11.1 The Parties reserve the right to exercise any and all remedies available under the law, singly or
in combination, and consistent with the dispute resolution and default Sections of this
Agreement, in the event the other violates any provision of this Agreement. These remedies
include, but are not limited to:
11.1.1 Commencing an action at law for monetary damages;
11.1.2 Commencing an action for equitable or other relief;
11.1.3 Seeking specific performance of any provision that reasonably lends itself to such remedy;
and/or
11.1.4 All remedies set forth above are cumulative and the exercise of one shall not foreclose the
exercise of others.
11.2 Neither Party shall be relieved of its obligations to comply promptly with any provision of this
Agreement by reason of any failure by the other Party to enforce prompt compliance, and
such failure to enforce shall not constitute a waiver of rights or acquiescence in the other
Party's conduct.
11.3 Each party consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If either
Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal
costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit,
including all appeals, in addition to any other recovery or award provided by law; however,
nothing in this paragraph shall be construed to limit the Parties' rights to indemnification.
12. Duration of Agreement
This Agreement shall take effect upon the last date of signature by the Parties as set forth below.
This Agreement shall remain in effect until all Sound Transit Projects contemplated by this
Agreement are completed and open to the public, unless this Agreement is extended by mutual
agreement of the Parties, or unless this Agreement is superseded by a future agreement or is sooner
terminated as provided in Section 8 above.
13. Warranties
13.1 By execution of this Agreement, the City warrants:
13.1.1 That the City has the full right and authority to enter into and perform this Agreement, and
that by entering into or performing this Agreement the City is not in violation of any law,
GA 0167-18 Page 9
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
regulation or agreement by which it is bound or to which it is bound or to which it is subject;
and
13.1.2 That the execution, delivery and performance of this Agreement by the City has been duly
authorized by all requisite corporate action, that the signatories for the City hereto are
authorized to sign this Agreement, and that upon approval by the City, the joinder or
consent of any other party, including a court or trustee or referee, is not necessary to make
valid and effective the execution, delivery and performance of this Agreement.
13.2 By execution of this Agreement, Sound Transit warrants:
13.2.1 That Sound Transit has the full right and authority to enter into and perform this
Agreement, and that by entering into or performing this Agreement Sound Transit is not in
violation of any law, regulation or agreement by which it is bound or to which it is bound or
to which it is subject; and
13.2.2 That the execution, delivery and performance of this Agreement by Sound Transit has been
duly authorized by all requisite corporate action, that the signatories for Sound Transit
hereto are authorized to sign this Agreement, and that upon approval by Sound Transit, the
joinder or consent of any other party, including a court or trustee or referee, is not
necessary to make valid and effective the execution, delivery and performance of this
Agreement.
14. Administration of Agreement
14.1 This Agreement will be jointly administered by Sound Transit's Designated Representative and
the City's Designated Representative.
14.2 Each Party shall bear its own costs of administering this Agreement.
15. Posting of Agreement
Pursuant to RCW 39.34.040, each party shall list this Agreement on its website by subject matter
and shall post a copy in an electronically retrievable source for public viewing.
16. Notices
16.1 Unless otherwise provided herein, all notices and communications concerning this Agreement
shall be in writing and addressed to the Designated Representative.
16.2 Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii)
deposited postage prepaid in the certified mails of the United States, return receipt
requested, (iii) delivered by a nationally recognized overnight or same-day courier service that
obtains receipts, or (iv) delivered electronically to the other party's Designated Representative
as listed herein; however, notice under Section 8, Suspension and Termination, must be
delivered in person or by certified mail, return receipt requested.
GA 0167-18 Page 10
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
17. Audits
17.1 Sound Transit and the City shall maintain accounts and records, including contract and
financial records, which sufficiently and properly reflect all direct and indirect costs of any
nature expended for work performed under this Agreement so as to ensure proper accounting
for all monies paid to the City by Sound Transit. These records shall be maintained for a period
of six (6) years after termination or expiration of this Agreement unless permission to destroy
the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and
agreed to by the City and Sound Transit.
17.2 The City will make all Project records available for Sound Transit inspection upon prior
reasonable request. Audits may be performed by Sound Transit or its independent public
accountants to ensure compliance with and enforcement of this Agreement. Should the audit
determine that funds from Sound Transit have been used for expenses that were ineligible,
the City will reimburse Sound Transit the amounts found to have been ineligible.
18. General Provisions
18.1 The Parties shall not unreasonably withhold requests for information, approvals, or consents
provided for in this Agreement; provided, however, that approvals or consents required to be
given by vote of the Sound Transit Board or Federal Way City Council are recognized to be
legislative actions. The Parties agree to take further actions and execute further documents,
either jointly or within their respective powers and authority, to implement the intent of this
Agreement provided, however, that where such actions or documents must be first approved
by vote of the Sound Transit Board or Federal Way City Council, such actions are recognized to
be legislative actions. The City and Sound Transit agree to work cooperatively with each other
to achieve the mutually agreeable goals as set forth in this Agreement.
18.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of
the State of Washington. Venue for any action under this Agreement shall be King County,
Washington.
18.3 This Agreement shall be binding upon and inure to the benefit of successors and assigns of the
City and Sound Transit.
18.4 Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this
Agreement, the reference to "days" shall mean calendar days unless otherwise noted. Any
reference to "working days" shall exclude any City holidays and weekend days. If any time for
action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
18.5 This Agreement is made and entered into for the sole protection and benefit of the Parties
hereto and their successors and assigns. Neither Party may assign all or any portion of this
Agreement without the express written consent of the other Party. There are no third party
beneficiaries to this Agreement, and no other person shall have any right of action based upon
any provision of this Agreement.
GA 0167-18 Page 11
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
18.6 No joint venture or partnership is formed as a result of this Agreement. No employees, agents
or subcontractors of one party shall be deemed, or represent themselves to be, employees of
any other party.
18.7 This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement. The Parties
intend this Agreement to be interpreted to the full extent authorized by applicable law.
18.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or
finalizing this Agreement, unless otherwise agreed in writing by the Parties.
18.9 This Agreement and related task orders may be amended only by a written instrument
executed by each of the Parties hereto. The Designated Representatives may agree upon
amendments to Exhibits or to extend the term of this Agreement. Such amendments shall be
binding upon the parties without the need for formal approval by the Sound Transit Board and
the Federal Way City Council, as long as the amendments are generally consistent with this
Agreement and do not exceed the authority granted by the Sound Transit Board and City
Council.
18.10This Agreement may be executed in several counterparts, each of which shall be deemed an
original, and all counterparts together shall constitute but one and the same instrument.
18.11 Sound Transit's design and construction of the Project may become subject to a financial
assistance contract between Sound Transit and the Federal Transit Administration (FTA). The
Parties recognize that changes to this Agreement may be necessary to comply with the FTA
funding requirements.
19. Severability
In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part,
neither the validity of the remaining part of such term nor the validity of the remaining terms of this
Agreement shall in any way be affected thereby.
20. City's Permitting and Regulatory Authority
Nothing in this Agreement shall be deemed a waiver of the City's regulatory authority nor a
predetermination of the compliance of the Project with applicable codes and regulations.
GA 0167-18 Page 12
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized
representative affix his/her name in the appropriate space below:
SOUND TRANSIT
By:
Peter M. Rogoff, Chief Executive Officer
Date:
Authorized by Motion No. M2019 -XX
Approved as to form:
By:
Name, Senior Legal Counsel
THE CITY OF FEDERAL WAY
By:
Jim Ferrell, Mayor
Date:
Authorized by City Council Motion on
January 2, 2019.
Approved as to form:
By:
J. Ryan Call, City Attorney
GA 0167-18 Page 13
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
EXHIBITS
Exhibit A: Anticipated Task Orders under this Agreement
Exhibit B: Task Order Format
GA 0167-18 Page 14
Tacoma Dome Link Extension Project Administration Agreement
Sound Transit and the City of Federal Way
Exhibit A
Anticipated Task Orders
Draft and Final Environmental Review Phases
Draft and Final Permitting Plan Phases
Final Design Review Phase
Permitting and Pre -Construction Phase
Construction Services
GA 0167-18 Exhibit A
Tacoma Dome Link Extension Project Administration Agreement Page 1
Sound Transit and the City of Federal Way
Exhibit B
Task Order Format
Task Order _
under the
PROJECT ADMINISTRATION AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT
FOR THE TACOMA DOME LINK EXTENSION PROJECT (GA 0167-18)
This Task Order is issued under the Project Administration Agreement between the City of
Federal Way and Sound Transit executed on , 2018 (GA 0167-18) "Project Administration
Agreement." This Task Order establishes the scope, schedule, and budget for the services (Services)
provided by the City for the Sound Transit PROJECT/PHASE. The City agrees to perform the Services in
the manner set forth in this Task Order. The terms and conditions of the Project Administration
Agreement are incorporated by reference into this Task Order.
The effective date of this Task Order is , 20_
The end date of this Task Order is , 20
Project Description. General Description of the work to be performed. May also include definitions if
helpful/appropriate.
• The Scope of Work is included as Attachment 1.
• The Schedule is included as Attachment 2.
• The Cost Estimate is included as Attachment 3.
Each of the Parties has executed this Task Order by having its authorized representative affix his/her
name in the appropriate space below:
For the City
For Sound Transit
Signature
Signature
Printed Name
Printed Name
Title
Title
Date
Ordinance:
Name, City Attorney
Date
GA 0167-18 Exhibit B
Tacoma Dome Link Extension Project Administration Agreement Page 1
Sound Transit and the City of Federal Way
Exhibit B
Task Order Format
Attachment 1: Scope of Work.
The Scope should be fully developed and provide a detailed description of work to be provided under
each Task Order.
GA 0167-18 Exhibit B
Tacoma Dome Link Extension Project Administration Agreement Page 2
Sound Transit and the City of Federal Way
Exhibit B
Task Order Format
Attachment 2: Estimated Schedule.
The schedule should match the tasks included in the Project Scope.
Task Start Month End Month
GA 0167-18 Exhibit B
Tacoma Dome Link Extension Project Administration Agreement Page 3
Sound Transit and the City of Federal Way
Exhibit B
Task Order Format
Attachment 3. Cost Estimate.
Spreadsheet to be inserted. Use tasks and schedule to develop cost estimate based on labor rate and
expenses.
GA 0167-18 Exhibit B
Tacoma Dome Link Extension Project Administration Agreement Page 4
Sound Transit and the City of Federal Way
Task Order 1
under the
PROJECT ADMINISTRATION AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT
FOR THE TACOMA DOME LINK EXTENSION PROJECT (GA 0167-18)
This Task Order is issued under the Project Administration Agreement between the City of
Federal Way and Sound Transit executed on , 2018 (GA 0167-18) "Project Administration
Agreement." This Task Order establishes the scope, schedule, and budget for the services (Services)
provided by the City for the Sound Transit Tacoma Dome Link Extension Alternatives Development
Phase. The City agrees to perform the Services in the manner set forth in this Task Order. The terms and
conditions of the Project Administration Agreement are incorporated by reference into this Task Order.
The effective date of this Task Order is 120
The end date of this Task Order is June 30, 2019, or as otherwise agreed in writing by the Designated
Representatives of both Parties.
Project Description.
The work to be performed under this Task Order is to support the City of Federal Way's staff efforts to
identify and resolve potential issues early on to continue the scheduled pace of project development.
The goal is to open the project for public service in the year 2030.
• The Scope of Work is included as Attachment 1.
• The Schedule is included as Attachment 2.
• The Cost Estimate is included as Attachment 3.
GA 0167-18 Task Order 1 Page 1
Tacoma Dome Link Extension Project
Sound Transit and the City of Federal Way
Each of the Parties has executed this Task Order by having its authorized representative affix his/her
name in the appropriate space below:
For the City of Federal Way For Sound Transit
Signature Signature
Printed Name Printed Name
Title Title
Date Date
Ordinance:
Name, City Attorney
GA 0167-18 Task Order 1 Page 2
Tacoma Dome Link Extension Project
Sound Transit and the City of Federal Way
Attachment 1: Scope of Work.
Task 1: Designated Representative Attendance at Meetings with Sound Transit Staff
The City's Designated Representative will proactively work through planning and design issues and
facilitate expedited project delivery through regular coordination with Sound Transit. A full description
of the Designated Representative scope and role is provided in Section 2.2 of the TDLE Partnering
Agreement between Sound Transit and the City (GA 0091-18).
The City's Designated Representative will coordinate their City's staff and consultants assigned to this
project to achieve key project milestones within the project budget and schedule. This will include
developing review schedules that allow for simultaneous review by multiple City staff and/or
consultants.
The City's Designated Representative will attend individual meetings with Sound Transit staff. These
meetings are currently scheduled monthly and may be as frequent as semi-monthly; they can be
cancelled if there is not enough new content. These meetings will address City -specific issues related to
TDLE in order to advance decisions and streamline permitting, design, engineering, and other services in
later phases of the project. Meetings may be outside the regular monthly schedule to ensure timely
input/response for a key milestone. Reimbursement for this Task will only be provided for the
Designated Representative's time at these individual City -ST meetings.
Task 2: Alternatives Development and Preferred Alternative Selection
The City will review materials for key discussions and milestones under this Task Order leading towards
the selection of a preferred alternative or alternatives to continue into the Environmental Impact
Statement (EIS). This may include review of memos, reports, and agreements, preparing for City -Sound
Transit monthly/semi-monthly staff meetings, and public outreach support during the alternatives
development process. Sound Transit will work to provide advance notification to the City for review of
products and/or documents.
GA 0167-18 Task Order 1 Page 3
Tacoma Dome Link Extension Project
Sound Transit and the City of Federal Way
Attachment 2: Estimated Schedule.
Task :
Start Month
End Month
Task 1: Designated Representative Attendance at Meetings
January 2019
June 2019
with Sound Transit Staff
Task 2: Alternatives Development and Preferred Alternative
January 2019
June 2019
Selection
GA 0167-18 Task Order 1 Page 4
Tacoma Dome Link Extension Project
Sound Transit and the City of Federal Way
Attachment 3. Cost Estimate.
`Weighted Hourly Rate
City of Federal Way Staffing Estimates - for Task Order 1
Cost
$136.71
336
January 1, 2019 - June 30, 2019
SUB -TASK
#
#STAFF
DURATION
PREP &
TASK
MEETINGS
(hours)
FOLLOW
HOURS
UP
Designated Representative
Task 1
for Attendnace at Meetings
6
1
2
4
36
with Sound Transit
Alternatives Evaluation and
Task 2
Preferred Alternative
N/A
5
60
N/A
300
Selection
11
1
TOTAL
336
`Weighted Hourly Rate
Hours
Cost
$136.71
336
$45,936.00
`Weighted Hourly Rate
Hours
Cost
$136.71
336
$45,936.00
GA 0167-18 Task Order 1 Page 5
Tacoma Dome Link Extension Project
Sound Transit and the City of Federal Way
5d
SUBJECT: AUTHORIZATION TO LEASE SWM PROPERTY FOR TEMPORARY PARKING
POLICY QUESTION: Should City Council authorize SWM Staff to proceed with entering into a temporary lease
agreement with Sea Con, LLC?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 3,
2018
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Theresa Thurlow, P.E. SWM Division Manager � DEPT: Public Works
Attachments: Land Use and Transportation Committee Memo Dated December 3, 2018
Options Considered:
1. Authorize SWM Staff to proceed with entering into a temporary lease agreement with Sea Con, LLC.
2. Do not authorize SWM Staff to proceed with entering into a temporary lease agreement with Sea Con, LLC.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the January 2, 2019 City
Council Consent Agenda.
MAYOR APPROVAL: DIRECTOR APPROVAL: w7011$
Q mmi C96dcil Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward option I to the January 2, 2019 City Council consent
agenda for approval. "
Mark Koppa ommittee Chair 1 J s ohnson, Committee Member
PROPOSED COUNCIL MOTION: I move to authorize SWM Staff to enter into a temporary lease agreement with
Sea Con, LLC.
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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 3, 2018
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Theresa Thurlow, P.E., Surface Water Manager a,✓'
EJ Walsh, P.E., Public Works Director''✓
SUBJECT: Authorization to lease SWMproperty or temporary parking
BACKGROUND:
Surface Water Management Division owns a parcel in the City of Federal Way located at 29601 Pacific
Highway South and legally described as King County Parcel 40421049200. A portion of this parcel
contains underground detention facilities and the remainder of the parcel is an open space primarily
consisting of compacted soil and gravel.
Sea Con, LLC is in the process of constructing a new storage facility at 29817 Pacific Highway South.
Due to its location, parking for construction personnel is not available close to the work site. As a result,
construction personnel are walking along the right of way in a high traffic area to access the work site.
Sea Con, LLC has requested use of SWM's property, which is close to the work site, for the safety of
their personnel.
SWM staff requests authorization to enter into a temporary parking lease of 10 parking stalls at
$50/month for a period of eight months for use by Sea Con, LLC personnel. The proposed parking area is
attached as Exhibit A.
cc: Project File
Day File
PARKING LEASE
THIS PARKING LEASE (the "Lease") is entered into this day of 2018
by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and SEA
CON LLC, a Washington Limited Liability Company ("Tenant").
RECITALS
A. Landlord is the owner of that certain improved parcel of real property located in the City
of Federal Way, King County, Washington commonly known as SWM Storage off of Dash Point, located
at 29601 Pacific Highway South and legally described as King County Parcel #0421049200.
B. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord certain
designated parking stalls at the Property as described and under the terms and conditions set forth in this
Lease.
AGREEMENT
1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord nine (8)
parking stalls located at the Property substantially in the locations depicted on the attached Exhibit A (the
"Premises"). Landlord also grants to Tenant and its agents, employees, consultants, and invitees a non-
exclusive lease for vehicular and pedestrian ingress, egress, and access over, upon, across, and through
the Property for the benefit of the Premises. This lease shall terminate automatically at the expiration or
earlier termination of the Lease.
2. Term. The term of this Lease shall commence on the date entered above, and shall terminate on
September 1, 2019.
3. Rent. Tenant shall pay a one-time rental fee in the amount of $4,000.00. Tenant shall pay the
Rent within 14 days of the date entered above. Should Tenant fail to pay the one-time rental fee within the
14 day period, this lease shall terminate automatically. The parties agree that said payment is complete
and full and that no further amount shall be due for any normal wear accruing to the Premises.
4. Use of Premises. The Premises shall be used for parking for Tenant and its agents, employees,
consultants, and invitees and for no other purpose without Landlord's prior written consent, which
consent shall not be unreasonably withheld. Tenant shall not create or maintain on the Premises any
nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or
hereafter in effect.
5. Access and Use. Tenant shall have the right to use the Premises from Monday through Friday
between 5:00 AM and 10:00 PM. Landlord shall have and retain the right to use the Premises during other
hours. Landlord reserves the ability to make other uses of the Premises that do not interfere with Tenant's
use.
6. Liens and Improvements. Tenant shall not permit any mechanic's or materialmen's liens of any
kind to be enforced against the Premises for any work done or materials furnished thereon at the request
of or on behalf of Tenant.
7. Condition of Premises. Tenant accepts the Premises "as -is."
8. Maintenance and Repairs. Landlord shall not be responsible for any costs associated with
cleaning, maintaining, and repairing the Premises.
9. Accidents and Liability, Insurance. Landlord, its elected officials, officers, employees, agents,
and volunteers shall not be liable for any injury or damage to persons or property sustained by Tenant or
Tenant's invitees in and about the Premises or Property, except to the extent such injury or damage is
caused by Landlord's or its elected officials', officers', employees', agents', or volunteers' negligence or
breach of this Lease. Tenant agrees to indemnify, defend and hold Landlord and its elected officials,
officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees
(including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or
alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged
to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except to the
extent caused by Landlord's negligence or breach of this Lease. Tenant shall maintain commercially
reasonable liability insurance on the Premises and to name the City as an additional insured.
10. Successors and Assigns. This Lease and each of the terms, provisions, conditions, and covenants
hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns.
11. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or
registered mail, by facsimile or by recognized overnight courier addressed as follows:
If to Tenant: Sea Con LLC
165 NE Juniper Street
Suite 100
Issaquah, WA 98027
If to Landlord: City of Federal Way
Attention: EJ Walsh, Public Works Director
33325 8th Avenue South
Federal Way, WA 98003-6325
12. Governmental Charges. Landlord shall indemnify and save Tenant harmless from any taxes,
assessments or governmental charges of any kind which may be levied against the Premises.
13. Subrogation Waiver. Each of Landlord and Tenant release and relieve the other and waive their
entire right of recovery against the other for loss or damage arising out of or incident to the perils
described in standard fire insurance policies and all perils described in the "Extended Coverage"
insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or
Property, whether due to the negligence of either party, their agents, employees, or otherwise.
14. Entire Agreement. This document contains the entire agreement between the parties and
supersedes all other statements or understandings between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth.
[Signature Pages Follow]
11►N 11111 . )
By: EJ Walsh
Its: Public Works Director
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF )
TENANT:
By: Bruce Douglas Adair
Its: Chief Financial Officer
Date:
I certify that I know or have satisfactory evidence that Bruce Douglas Adair is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the Chief Financial Officer of SEA
CON, LLC to be the free and voluntary act and deed of such party for the uses and purposes mentioned in
the instrument.
Dated:
Notary Public in and for the State of Washington
Residing at
Printed Name
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that EJ Walsh is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Public Works Director of the City of
Federal Way to be the free and voluntary act and deed of such party for the uses and purposes mentioned
in the instrument.
Dated:
Notary Public in and for the State of Washington
Residing at
Printed Name
My appointment expires
TEMPORARY PARKING FOR SEA CON, LLC
ExHIeIrA LOCATION MAP
5e
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: AUTHORIZATION TO ACCEPT GRANT FUNDING FOR TRANSPORTATION
IMPROVEMENT PROJECTS
POLICY QUESTION: Should City Council authorize staff to accept state and federal grant funding for
transportation improvement projects?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 3, 2018
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BYf Desiree S. Winkler, P.E. Deputy Director DEPT: Public Works
Attachments: Staff Report
Resolution
Options Considered:
1. Approve the attached resolution to accept Federal Grant Funding for the following projects: SW 356t1i Street (15`h
Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and Pacific Highway Non -Motorized Corridor
—16th Ave S (S 308th St. to S 288th St.); and accept Transportation Improvement Board (TIB) grant funding for the
Lakota MS — SW Dash Point Road — 2151 Ave SW to SW 31th St. Project.
2. Do not approve the attached resolution to accept Federal Grant Funding or accept the TIB grant funding and
provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 2, 2019 Council
consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: 1112olliOj
C mmitt COACH initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 2, 2019 consent agenda for
approval.
Mark
Committee Member Hoang Tran, Committee ember
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution to accept Federal Grant Funding
for the following projects. SW 356th Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System
Phase 3, and Pacific Highway Non -Motorized Corridor — 16th Ave S (S 308th St. to S 288th St.); and accept
Transportation Improvement Board (TIB) grant funding for the Lakota MS — SW Dash Point Road — 21st Ave
SW to SW 31 th St. Project. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 3, 2018
TO: City Council
VIA: Jim Ferrell, Mayor / A
FROM: EJ Walsh, P.E., Public Works Director -`✓ _tom
esiree Winkler, P.E., Deputy Public Works Director
SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Projects
BACKGROUND:
This memorandum provides the Council with the current status of the grant applications submitted in
2018 under the Puget Sound Regional Council (PSRC) Surface Transportation Program (STP) and
Congestion Management Air Quality (CMAQ) and Transportation Improvement Board (TIB)
Program Funding.
Project (Funding Phase)
Estimated
Grant Fund
Required City
Year of
Grant
Project Cost
Amount
Match
Expenditure
S316 th Street -150' w/o 21St Ave S to 70' c/o 21St Ave S (Downtown Staircase Sidewalk Tie-in)
/Cnnstructionl
(TIB)Urban Sidewalks Program
$319,000
$0.00
$0.00
n/a
Funding (State Funds)
Military Road S / S 298th Street Compact Roundabout
(Construction)
TIB Urban Arterial Program
$871,615
$0.00
$0.00
n/a
(State Funds)
Lakota MS - SW Dash Point Road (21St Ave SW to SW 312th Street)
(Design and Construction)
(TIB) Urban Sidewalks Program
$1,650,000
$500,000
$1,150,000*
2020
Funding (State Funds)
SW 320th Street (111h Ave SW to 3rd Place SW) - Pavement Preservation
(Design and Construction)
PSRC - Countywide Pavement
$978,000
$0.00
$0.00
n/a
Preservation Program (Federal Funds)
SW 356th Street (15th Ave SW to 4th Place SW) - Pavement Preservation
(Design and Construction)
PSRC - Countywide Pavement
$1,400,000
$810,000
$590,000**
2021
Preservation Program (Federal Funds)
December 3, 2018
Land Use and Transportation Committee
Grant Funding for Transportation Improvement Projects
Page 2
Project (Funding Phase)
Estimated
i
Grant Fund
I
Required City
I
I Year of
Grant
Project Cost
Amoui
Match
I Expenditure
Adaptive Traffic Control System Phase 3
(Design) (Note: Construction Punding is on the contingency list)
PSRC — Countywide Large City $200,000 $170,000 $30,000*** 2022
Program (Federal Funds)
Pacific Highway Non -Motorized Corridor —16th Ave S (S 308th St to S288 th St)
(Design)
PSRC — Countywide Non -Motorized $700,000 $550,000 $150,000*** 2021
Program (Federal Funds)
* The required match for this project is proposed to be funded from a Safe Routes to Schools grant (anticipated
award Spring 2019).
** The required match for this project is proposed to be funded from the 2021 Asphalt Overlay Program (REET and
MVET).
*** The required match for this project is proposed to be funded from the 2021/2022 Capital Transportation
Funding (REET).
FINANCIAL IMPACTS:
The financial impact for each project awarded grant funding is described below.
Lakota MS — Dash Point Road (21St Ave SW to SW 312th Street)
This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street
Capital Fund) budget. In accordance with the proposed budget this project is funded by grants, estimated
at $1,350,000 and Real Estate Excise Tax (BEET) of $300,000. The remaining grant funding is
anticipated to be received through a Safe Routes to Schools Grant estimated to be awarded in spring 2019.
SW 356th Street — (15th Ave SW to 4th Place SW)
This project is proposed to be included in the 2021/2022 budget. As proposed, it will be funded by grants
for $810,000 and the Asphalt Overlay Program (Fund 102) in the amount of $590,000. The 102 Fund is
historically funded annually at $1.5 Million through a combination of REET and Motor Vehicle Excise
Tax (MVET) funds.
Adaptive Traffic Control System — Phase 3
This project is proposed to be included in the 2020 budget. As proposed, it will be funded by grants for
$170,000 and the Capital Transportation Budget in the amount of $120,000. The Capital Transportation
Budget is historically funded annually at $1.6 Million through REET, MVET, and Utility Tax. It is
anticipated that the City will be awarded the remaining grant funds for construction ($510,000) as part of
the PSRC contingency award process in 2019-2020 and therefore the full match of $120,000 is being
included in the 2020 budget.
Pacific Hwy Non -Motorized Corridor —16th Ave (S 308th Street to S 288th Street)
This project is proposed to be included in the 2020 budget. As proposed, it will be funded by grants for
$550,000 and the Capital Transportation Budget in the amount of $150,000. The Capital Transportation
Budget is historically funded annually at $1.6 Million through REET, MVET, and Utility Tax.
December 3, 2018
Land Use and Transportation Committee
Grant Funding for Transportation Improvement Projects
Page 3
Upon completion of these projects, ongoing costs associated with operations and maintenance will be
performed and funded through streets and surface water management maintenance. Funding requirements
for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget
process.
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, authorizing
execution of a Local Agency Agreement with the Washington State
Department of Transportation regarding improvements to SW 356th
Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System
Phase 3, and Pacific Highway Non -Motorized Corridor —16th Ave S (S
308th St to S 288th St) in the City of Federal Way, Washington.
WHEREAS, the City of Federal Way applied for Puget Sound Regional Council ("PSRC")
Countywide funds from the Washington State Department of Transportation for the purpose of
design and construction phases for SW 356th Street (15th Ave SW to 4th Place SW), Adaptive
Traffic Control System Phase 3, and the design phase for Pacific Highway Non -Motorized Corridor
— 16th Ave S (S 308th St to S 288th St) within the City; and
WHEREAS, the Washington State Department of Transportation agreed to grant the City of
Federal Way federal funds in the total amount of Eight Hundred Ten Thousand and no/ 100 Dollars
($810,000.00) for the SW 356th Street (15th Ave SW to 4th Place SW) Project, One Hundred
Seventy Thousand and no/100 Dollars ($170,000.00) for the Adaptive Traffic Control System Phase
3 Project, and Five Hundred Fifty Thousand and no/100 Dollars ($550,000.00) for the Pacific
HighwayNon-Motorized Corridor -16th Ave S (S 308th Street to S 288th St) Project provided that
the City Council authorizes the Mayor to enter into the Local Agency Agreements; and
WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local
Agency Agreements.
Resolution No. 19- Page 1 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to
accept and receive the federal funds estimated to be Eight Hundred Ten Thousand and No/ 100
Dollars ($810,000.00) for the SW 356th Street (15th Ave SW to 4th Place SW) Project, One
Hundred Seventy Thousand and No/100 Dollars ($170,000.00) for the Adaptive Traffic Control
System Phase 3 Project, and Five Hundred Fifty Thousand and No/100 Dollars ($550,000.00) for
the Pacific Highway Non -Motorized Corridor — 16th Ave S (S 308th Street to S 288th St) Project.
Section 2. Execution of the Local Agency Agreements. The Mayor or his designee is hereby
authorized to execute the Local Agency Agreements regarding improvements to SW 356th Street
(15th Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and Pacific Highway
Non -Motorized Corridor — 16th Ave S (S 308th St to S 288th St) in the City of Federal Way,
Washington and any other required documents.
Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City
is required to commit matching funds of approximately Five Hundred Ninety Thousand and no/100
($590,000.00) for the SW 356th (15th Ave SW to 4th Place SW) Project, Thirty Thousand and
no/100 Dollars ($30,000.00) for the Adaptive Traffic Control System Phase 3 Project, and One
Hundred and Fifty Thousand and No/100 Dollars ($150,000.00) for the Pacific Highway Non -
Motorized Corridor — 16th Ave S (S 308th St to S 288th St) Project.
Resolution No. 19-_ Page 2 of 4
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20_
[signature page follows]
Resolution No. 19- Page 3 of 4
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 19- Page 4 of 4
5f
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
............................... ................................................................................................................................. _. . ................................................. _.........
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION 2019 CONTRACT FOR SERVICES
POLICY QUESTION: Should the City Council approve the 2019 Arts Commission Contracts for Services
funding recommendations?
COMMITTEE: PRHSPS MEETING DATE: 12/11/2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
DEPT: Parks
STAFFREPORT BY: Cody Geddes, Recreation Manager...................................................................................................................................................._..................................._... ............................ _....................._...................
....................................................................................................................... ................ .
Attachments:
2019 Contract for Services Recommendation
Options Considered:
1. Approve the Arts Commission 2019 Contract for Services funding recommendations
2. Do not approve the Arts Commission 2019 Contract for Services, and provide direction to staff
MAYOR'S
: Option 1
MAYOR APPROVAL:� /. D DIRECTOR APPROVAL: / .Z lle
Committee Coun l Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to approve the 2019 Arts Commission Contract for Services funding
recommendations.and forward to the January 2, 2019 City Council consent agenda for approval.
PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2019 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 - 11/2016 RESOLUTION #
Contracts for Services
2018 Request
2018
2017
2016
2015
2014
2013
2012
2011
2010
Organization 2019 Allocation
Allocation
Allocation
Allocation
Allocation
Allocation
Allocation
Allocation
Allocation
Allocation
Program Funding Request
Centerstage 13,000
9,000
10,000
9,500
9,500
8,500
7,500
8,500
10,000
10,000
5 main stage productions
45,908
10 000
10 000
15 000
15000
12000
15000
15000
15 000
25000
FW Chorale 4,000
4,000
4,500
4,500
4,500
4,000
4,000
4,000
4,299
4,000
2 concerts: spring & winter
8,000
7 500
8 000
6,000
6000
6000
6000
6000
6000
6596
Harmony Kings 1,750
11500
1,600
1,600
1,600
1,400
1,400
1,000
1,096
1,500
1 Free Community Appreciation Concert
2,000
2.000
12,000
2,000
1500
1500
1500
1500
1500
2000
Jet Cities Chorus 1,750
1,500
1,500
1,500
11500
1,500
1,500
1,250
1,096
1,500
Artistic Director & Coaches Fees & Sweetie Pie Social
2 000
3.000
3,000
3,000
3000
3000
3000
3000
3500
3500
FW Symphony 13,000
16,500
18,100
18,100
19,100
17,750
16,000
20,000
17,820
18,000
6 performances performed at PAEC
30,000
30 000
29.200
30,000
30000
20000
25000
25000
25000
27000
FW Symphony - Event 0
0
Rhythm & Brews" Blues Festival at TSP 9/6/18
Blues Festival 5,000
5.000
Rosebud Children's 4,000
2,500
2,500
3,000
3,000
2,750
2,500
2 Mini Musicals, 2 Main Stage Musicals, 1 community theatre,
Theatre 4,000
10,000
.5 ,000
5,000
5000
3000
3000
Quarte classes at FWCC
FW Youth Orchestra 500
2,000
2,500
2,300
2,300
2,000
1,750
9 concerts in FW locations
Symphony 5,090
5 000
5,000
4,000
4000
6000
8000
Historical Society of FW Did Not Submit
1,200
1,500
3,250
1,650
1,674
2,000
Hwy 99E,rhihn
1,500
,000
9 050
2,000
2310
2184
Northwest Symphony 2,500
2,500
.2
Family Concert at PAEC and YoutivEducation Pgm
Orchestra NWSO 5 500
4 500
Totals Allocation 40,500
40,700
40,700
42,000
41,500
37,900
37,900
36,400
35,985
37,000
Request 107,498
78,500
62 200
67 000
64 500
51,500
70,550
52,500
1 53,310
1 66,280
COUNCIL MEETING DATE: January 2, 2019 ITEM #: 5 g
.................... I ..... ......................... .....................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Arts Commission 2019 Work Plan
POLICY QUESTION: Should the City Council approve the Arts Commission 2019 Work Plan?
COMMITTEE: PRHSPS MEETING DATE: 12/11/2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFFREPORT ............................................ ................................. ................-......................._.............................
Attachments: Proposed 2019 Arts Commission Work Plan
Options Considered:
1. Approve the Arts Commission 2019 Work Plan.
2. Do not approve the 2019 Arts Commission Work Plan and provide direction to staff.
MAYOR'S
MAYOR APPROVAL:
TION: Option 1
DIRECTOR APPROVAL: /taAS
Initial ate
COMMITTEE RECOMMENDATION: I move to approve the Arts Commission 2019 Work Plan and forward to the
January 2, 2019 City Council consent agenda for approval.
PROPOSED COUNCIL MOTION: "1 move approval of the 2019 Arts Commission Work Plan "
_ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2016 RESOLUTION #
Updated Tuesday, November 27, 2018
CITY OF 4;L**NL
Arts Commission
Federal Way 2019 -WORKPLAN
Mlsslon Statement The charae of the Federal Wav Arts Commission is to develop a communitv where cultural heritage is valued and the Arts are alive!
Committee/Project
Summary/Objectives
Commission Tasks
Who
When
Status
1. A. Maintain City Hall and Knutzen Family
a. Distribute gallery applications, select
Vickie C. — Gallery + HS
Theatre Exhibits and Cafe Tables Display at
artists, and install exhibits.
Melissa P. — Cafe
FWCC.
1. B. Featured artist at the Blue Poppy Day will
b. City Hall, DBC gallery 3 or more exhibits.
c. Assist with Historical Society exhibits, as
Tables
Ongoing
be given exhibit space in a gallery.
needed.
1. C. Arts Alive Juror's Choice winner will be given
d. Update Cafe tables.
exhibit space in a gallery.
Public Art Committee
2. Partner with the Court to offer a student art
contest. Judges need to be present at the Council
meeting to meet and award the winners.
a. Assist with development of criteria for
entry and selection.
b. Assist with distribution of marketing
materials.
Karen B, Dan, Jim
January -
March
March -June
c. Assist with jury of entries.
Committee Chair:
d. Attend and assist with reception.
3. Sponsor Arts Alive Arts Juried Art Show
Re -format the Arts Alive Exhibition and
reception. Update the application forms.
Assist w/take-in, hanging, and reception.
Vickie, Mary B., Alyson,
Iveta
Set Dec
P
4. Public Art Maintenance
Establish an on-going maintenance
program for the permanent collection.
Jim, Mary,
Ongoing
5. Sponsor Piano in the Park
Implement program: obtain piano, arrange
piano painting, schedule performances,
Vickie, Dan,
Summer
promote, relocate piano at season's end.
6. Traffic Graffics
The city has over 1,500 utility boxes and
many of them are located in highly visible
Mary B., Dan, Melissa
Ongoing
areas. Working to install vinyl artwork on
P.
every box. 2 Boxes for 2019
2. Develop a relationship/visibility w/business
community (i.e. branding).
Organize chamber attendance, distribute
promotional materials
Vickie, Jim, Karen
Ongoing
Cultural Outreach
Committee
3. Social Media and Website to promote ongoing
Arts Commission's programs
Update city a/c webpage and FB page;
write press releases (must be approved by
Comm. Director prior to sending)Ongoing
Dan, Vickie, Alyson
4. Actively search for grant funding
Begin research and apply for grant funding
Joslyn, Iveta
Ongoing
Committee Chair:
5. Partner with School District as art is brought to
Federal Way, with emphasis on multi -cultural
diversity
a. Begin outreach. Assess desire to display
artwork in public areas
b. Meet/develop relationship with FWSP
Dan H., Jim S.,
Ongoing
individual schools and faculty
Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare
monthly minutes for commission meeting; coordinate new commissioner orientation and annual
retreat; assist the commission w/development of marketing materials; maintain website; contract
management; assist the Arts Commission Chair with development of bi-annual budget.
1. Develop Cultural Arts Opportunities at RWBF.
a. Organize artists in action and arts
activities and interactive art areas
b. Explore possible collaboration with
All (Melissa -lead)
Feb -July
Youth Commission
c. Sponsor (grant from 4 -Culture)
performance stage
Programs Committee
2. Manage Contract For Services Program
a. Review application guidelines
b. Move toward online application process
Staff, Karen, Dan
June -Aug
3. Sponsor Outdoor Summer Concert Series
a. Sponsor Summer Sounds concerts
Committee Chair:
b. Attend concerts as a group
Alyson, Melissa
July -Aug
c. Guest emcee; speak on arts programs
4. Partner with the Rhododendron Garden for
a. Staff booth
Blue Poppy Day.
b. Work with artists to set up photograph or
sculpture gallery for duration of event
Vickie
May
c. Develop event specific sponsors
d. Coordinate performing schedule
5. Sponsor Tree Lighting
Tree Lighting support through volunteer and
budget
Alyson, Mary B.
December
1. Comparative Review of other City's Arts
a. Research and compare cultural plan of
Programming and Arts Commission Activities and
other cities
Ongoing
Cultural Plan
b. Research possible update of cultural plan
Jim, Alyson, Dan
c. Work to incorporate with City/Council's
strategic plan
Special Projects
2. Commissioner Education
Share or plan visits to arts and multi -cultural
activities as a group.
Vickie
Ongoing
3. Sponsor Shakespeare in the Park
Research and plan/schedule performances;
promote and assist at event(s)
Alyson
Summer
4. PAEC* Art Exhibition 2019
Iveta
Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare
monthly minutes for commission meeting; coordinate new commissioner orientation and annual
retreat; assist the commission w/development of marketing materials; maintain website; contract
management; assist the Arts Commission Chair with development of bi-annual budget.
5h
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
.......................... .............. .......................................................................................................................................... .............. ............................. _..._
...............__._._.................................... .................... ..................... .....................__.................................................._..._....._._._......................_.................._...__._.............................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: OVERTIME REIMBURSEMENT FROM DEA FOR MARIJUANA INVESTIGATION FY2019
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept a maximum of
$25,000 from the Drug Enforcement Administration (DEA) for an Organized Crime Drug Enforcement Task
Force (OCDETF) investigation into marijuana manufacturing for FY2019?
COMMITTEE: PRHS&PSC MEETING DATE: Dec. 11, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT J. STIEBEN DEPT: Police .
.........................................................................................................................................................................._.............................__....._.
Attachments:
1. Staff Report
2. OCDETF Agreement
Options Considered:
1. Accept the OCDETF Agreement
2. ReJiect the OCDETF Agreement
................................................... ........................................................................ ..........................................._........ .............................................................
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: 0111.1 CTOR APPROVAL:
mm' t e ounce �� Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 14', 2019 consent agenda for
approval. 2
ommittee Chair Committee Member Com e Member
PROPOSED COUNCIL MOTION: I move approval to accept a maximum of $25,000 from the Drug
Enforcement Administration (DEA) for overtime incurred during an OCDETF maryuana manufacturing
investigation, and authorize the Chief of Police to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
_
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 11/2016
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: December 11, 2018
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Drug Enforcement Administration (DEA) Interagency Agreement for Marijuana
Investigation FY2019.
Financial Impacts:
The Drug Enforcement Administration (DEA) is providing funding to local law enforcement
agencies to support locating and eradicating illicit cannabis plants, and for the investigation and
prosecution of cases involving controlled substances. DEA will be awarding the Federal Way
Police Department a maximum of $25,000 for the Organized Crime Drug Enforcement Task
Force (OCDETF). This will be paid as direct reimbursement for overtime spent on the
investigation.
Background Information:
The Drug Enforcement Administration petitioned the Department of Justice (OCDETF) for
funding and support to investigate and prosecute illicit marijuana manufacturers in the Puget
Sound Metro Region. This request was ultimately approved and the Hydroslayer OCDETF
investigation began in August 2018. Qualified overtime worked by Federal Way Police SIU
members will be reimbursed at the overtime rate minus benefits, premiums, and educational
incentives. A monthly report with supporting payroll records will be submitted by the
Department and an account will be designated by Finance to receive these payments. The
OCDETF program has authorized the Federal Way Police Department to receive a maximum
amount of $25,000 for Fiscal Year (FY) 2019 and the program will be managed by Special
Investigations Unit Lieutenant John Stieben.
IMPORTANT and SIGNIFICANT
CHANGES FY 2019
RULE 40 WAIVER NO LONGER APPLIES
Please read NEW Addendum A & B
For NEW reimbursement criteria
Regular and 0 hrs requirements for reimbursement
Are NEW
ALSO
REIMS URSEMENT SUBMISSION
DEADLINES TO BE
STRINGENTLY ENFORCED
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
FY 2019 Agreement
FOR THE USE OF THE STATE OR LOCAL
OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM
DUNS #:
612509901
Federal Tax Identification #: 91-1462550
Amount Requested:
s25,000.00
Number of Officers Listed: 5
From: October 1, 2018
Beginning Date of Agreement
To: September 30, 2019
Ending Date of Agreement
State or Local Organization
Narcotics Supervisor: Lt. John Stieben
Telephone Number: (253) 835-6842
E-mail Address: john.stieben@cityoffederalway.com
Sponsoring Federal Agency(ies):
DEA
UFMS Doc#:
DC#:
OCDETF Investigation / Strategic Initiative
Number: PA -WAW -0330
Operation Hydro Slayer
Name:
Federal Agency Investigations:
Number: RE -18-0016
State or Local Organization Name:
Federal Way Police Department
Address to receive OCDETF paperwork (no PO Boxes):
ATTN. Lt. John Stieben
33325 8th Avenue South
Federal Way, WA 98003
Sponsoring Federal Agency
Group/Squad Supervisor: Daniel E. Olson
Telephone Number: (206) 764-3640
E-mail Address: daniel.e.olson@usdoj.gov
I
OM
Please provide the name, telephone number, e-mail address, and fax number for the
financial staff person at the State or Local Organization, who is directly responsible for
the billing on the Reimbursement Request:
Name: Hardeep Goraya
Telephone Number: (253) 835-2524
E-mail Address: hardeep.goraya@cityoffederalway.com
Agreement (FYI 9), Page 1
This Agreement is between the above named State or Local Law Enforcement Organization and
the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall
be effective when signed by an authorized State or Local Organization official, the sponsoring
Federal Agency Special Agent -In -Charge, the sponsoring Agency Regional OCDETF
Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the
OCDETF Executive Office.
It is agreed that the State or Local Law Enforcement officers named on this
Agreement will assist in OCDETF Investigations, Strategic Initiatives and
prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State
or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies
and Procedures Manual, Fiscal Year 2019.
2. No individual Agreement with a State or Local organization may exceed $25,000, and
the cumulative amount of OCDETF State and Local overtime monies that may be expended
on a single OCDETF Investigation or Strategic Initiative in a single fiscal year may not
exceed$50,000 without expressrp for approval from the OCDETF Executive Office. The
OCDETF Executive Office will entertain requests to exceed these funding levels in
particular cases. Please submit a written request including justification approved by the
AUSA Regional Director to the OCDETF Budget Officer/Deputy Budget Officer when
seeking to exceed the above stated funding levels.
Each Reimbursable Agreement will be allowed no more than six (6) modifications
per year. In addition, if the funds for a particular Agreement are completely
deobligated with the intention of closing that Agreement, it wilt not count as a
modification for purposes of this policy. These amendments must be transmitted by a
memorandum approved and signed by the AUSA Regional OCDETF Director or
designee for the region and sent to the OCDETF Executive Office.
If an Agreement does not have any activity during the last ninety (90) days, the funds
shall automatically be deobligated. The OCDETF Executive Office will assist with
the monitoring of the aging Agreements. Further, if a State or Local Organization
indicates that it is no longer performing work under a particular Agreement, the State
or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies
and Procedures Manual requires that a modification memorandum identifying the
amount to be deobligated be submitted to the OCDETF Executive Office as soon as
possible after determining that no work is being performed.
5. The State or Local Law Enforcement Organization agrees to provide experienced
drug Law Enforcement officers who are identified in this Agreement to work on the
specified OCDETF Investigation or Strategic Initiative. Any change in Law
Enforcement officers assigned must be agreed to by all approving officials.
Agreement (FYI 9), Page 2
6. Officers who are not deputized shall possess no Law Enforcement authority other
than that conferred by virtue of their position as a commissioned officer of their
parent Agency.
7. Officers who are deputized may possess Federal Law Enforcement authority as
specified by the Agency affording the deputation.
Any State or Local officers assigned to an OCDETF Investigation or Strategic
Initiative in accordance with this Agreement are not considered Federal employees
and do not take on the benefits of Federal employment by virtue of their participation
in the Investigation or Strategic Initiative.
9. OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the
approved OCDETF Investigation or Strategic Initiative will provide to the assigned
State or Local officers the clerical, operational and administrative support that is
mutually agreed to by the parties in this Agreement.
10. Officers assigned to OCDETF Investigations or Strategic Initiatives should work full-time
on the Investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to
satisfy the "full-time" expectation, a Law Enforcement officer should work forty (40) hours
per week or eight (8) hours per day on a single or multiple OCDETF Investigation(s) or
Strategic Initiative(s). Any established exceptions or waivers to this definition shall be
requested by the Regional Coordination Group and attached as Addendum A to the
Agreement. [The parent State or Local Organization must pay the base salary of its officers.
In the event officers must work overtime on an OCDETF Investigation or Strategic
Initiative, the OCDETF Program will reimburse the parent State or Local Law Enforcement
Organization for a limited amount of those overtime costs.] The Organization is responsible
for paying its Law Enforcement officer(s) for their overtime, travel and per diem expenses.
To ensure proper and complete utilization of OCDETF overtime and expense allocations,
reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request
Form. The OCDETF Executive Office may refuse payment on any reimbursement request
that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of
the close of the month in which the overtime was worked.
11. It is the responsibility of the State or Local Organization to retain and have available
for inspection sufficient supporting documentation for all regular hours and overtime
hours worked towards a specific OCDETF case. Officers' timesheets must reflect
work towards a specific OCDETF case and must be reviewed and signed by an
authorized State or Local official.
12. Analysis of reimbursement claims by the Regional Coordination Group may result in
a modification of the obligation of funds contained within this Agreement as well as
the time period covered. The Organization affected by any such modification will
receive a memo notifying them of the changes.
Agreement (FY 19), Page 3
13. Overtime payments, including all other non-OCDETF Federal sources (such as Safe
Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis,
exceed 25% of the current approved Federal salary rate in effect at the time the
overtime is performed. The State or Local Organization is responsible for ensuring
that this annual payment is not exceeded. The Executive Assistant/OCDETF
Program Specialist will monitor these payments via MIS and communicate to the
Federal Agency Regional OCDETF Coordinators who provide status updates to any
officer approaching the threshold.
14. The overtime log must be attached to the reimbursement request when submitting the
monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and
the State or Local official authorized to approve the Reimbursement Request must
certify that only authorized expenses are claimed, the regular hours requirement is
satisfied, and that overtime has not exceeded 25% of the current Federal salary rate
in effect at the time the overtime was worked.
15. Under no circumstances will the State or Local Organization charge any indirect
costs for the administration or implementation of this Agreement.
16. The State or Local Organization shall maintain complete and accurate records and
accounts of all obligations and expenditures of funds under this Agreement for a
period of six (6) years and in accordance with generally accepted accounting
principles to facilitate inspection and auditing of such records and accounts.
17. The State or Local Organization shall permit examination and auditing by
representatives of the OCDETF Program, the sponsoring Federal Agency(ies), the
U.S. Department of Justice, the Comptroller General of the United States, and/or any
of their duly -authorized agents and representatives, of any and all records,
documents, accounts, invoices, receipts, or expenditures relating to this Agreement.
Failure to provide proper documentation will limit State or Local Law Enforcement
Organizations from receiving OCDETF funding in the future.
18. The State or Local Organization will comply with Title VI of the Civil Rights Act of
1964 and all requirements applicable to OCDETF Agreements pursuant to the
regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and
G; 28 C.F.R. 50.3 (199 1)) relating to discrimination on the grounds of race, color,
sex, age, national origin or handicap.
19. This Agreement may be terminated by any of the parties by written notice to the
other parties ten (10) business days prior to termination. Billing for outstanding
obligations shall be received by OCDETF within thirty (30) days of the notice of
termination.
Agreement (FY 19). Page 4
20. The Debt Collection Improvement Act of 1996 requires that most payments made by
the Federal government, including vendor payments, must be made by electronic
funds transfer (EFT). In accordance with the act, all OCDETF reimbursement
payments will be issued via EFT. All participating State and Local Organizations
must complete and submit the attached EFT form. The OCDETF Executive Office
must receive one EFT form from each participating organization prior to processing
their reimbursement payments. In certain circumstances the OCDETF Executive
Office may make exceptions for Organizations that are unable to accept this form of
payment, however, such Organizations must include written justification in the
addendum of each new Agreement.
21. All changes made to the original Agreement must be approved by the OCDETF
Executive Office and initialed by the Executive Assistant/OCDETF Program
Specialist of the Regional Coordination Group making the revision. The AUSA
Regional OCDETF Director or designee must initial all funding changes.
22. The Regional Coordination Group is responsible for identifying and implementing
any additional policy requirements, as needed, for its specific region. Those regional
policies will be documented in the Addendum B and attached to the approved
Agreement. The Organizations are agreeing to adhere to these additional
requirements and must have written approval by the Regional Coordination Group for
any exceptions to the regional policies.
23. Restrictions: Fringe benefits (such as retirement, FICA, or other expenses) are NOT to
be included in overtime payment. Auxiliary educational benefits are also NOT to be
included in overtime payment. Reimbursement of overtime payment is based solely on
the authorized overtime rate of each participating officer listed in the Agreement.
Under no circumstances may a State or Local agency include any administrative fees
for the processing of overtime. Additionally, officers are not eligible for
reimbursement of compensation time earned in lieu of overtime payment. OCDETF
will only reimburse an actual $ amount paid to the officer for overtime worked, any
additional benefit (including compensation time) will NOT be reimbursed.
This Agreement is not a contract or obligation to commit Federal funds in the maximum
amounts projected. Funding allocations for the time period set forth and agreed to herein
represent projections only and are based upon consultation between the sponsoring Federal
Agency and the State or Local Law Enforcement Organization. They are, therefore, subject to
modification by OCDETF based upon the progress and needs of the OCDETF
Investigation or Strategic Initiative. Additionally, resources are contingent upon the
availability of funds per the approval and signature of the OCDETF Executive Office
obligating authority. The OCDETF Executive Office will approve and certify that all the terms
and conditions of the Agreement have been met.
Each Agreement must be approved and signed by a State or Local Law Enforcement
Organization official who has supervisory authority over, and is authorized to assign,
the participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative.
Agreement (FY 19), Page 5
Approved By:
Approved By:
Approved By:
Approved By:
Authorised Sike or LocaAOfficial J Title ( Date
Sri Vl ' Ak-A L
Print Name
Sponsoring Federal Agency Special Agent in Charge or Designee Date
Print Nance
Sponsoring Agency Regional OCDETF Coordinator Date
Assistant United States Attorney Regional OCDETF Director Date
Funds are encumbered for the State or Local Organization overtime costs and authorized
expense/Strategic Initiative Programs specified above. Subject to availability of funds.
Funds Certified:
Approving Official:
OCDETF Executive Office
OCDETF Executive Office
Agreement (FYI 9), Page 6
Date
Date
4-A
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
STATE OR LOCAL LAW ENFORCEMENT OFFICERS
ASSIGNED TO PARTICIPATE, IN THE STATE AND
LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC
INITIATIVE PROGRAMS
State or Local Organization: Federal Way Police Department
OCDETF Investigation / Strategic Initiative Number: PA -WAW -0330
The Law Enforcement officers listed below will assist with the above identified OCDETF
Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers
must be agreed to in writing by all of the parties to this Agreement, made a part of the
Agreement, and forwarded to the OCDETF Executive Office.
TITLE/RANK DOB
I,
Justin David John Antholt
Detective
7/6/90
2.
Jason P. Ellis
Gang Officer
10/15/74
3,
David Michael Prince
Detective
6/21/78
4.
Travis Glen Stevens
Gang Officer
5/11/90
5.
John Lloyd Stieben
Lieutenant
12/27/66
6.
7.
8.
9.
10.
Agreement (FY19), Page 7
ADDENDUM A
OCDETF Pacific Region
DEFINITION OF "FULL-TIME PARTICIPATION"
The OCDETF State and Local Overtime (SLOT) Program is designed to only reimburse overtime costs
incurred by officers working full-time on OCDETF cases. In order to comply with the requirement
that an officer/agent work full-time, the officer/agent must:
Be assigned to work on OCDETF matters full-time and work forty (40) hours per week on a single
OCDETF investigation or multiple OCDETF investigations. Overtime in excess of 40 hours will then be
reimbursed.
If the officer/agent is not exclusively assigned to work full-time on OCDETF matters, then overtime
can be reimbursed if the officer/agent worked eight (8) hours regular time in a given day on the OCDETF
investigation before claiming any overtime. Overtime in excess of eight (8) hours will then be reimbursed.
EXCEPTIONS TO THE "FULL-TIME PARTICIPATION RULE"
PART TIME -
If an officer/agent works more than eighty (80) hours regular time per month on OCDETF matters, then the
officer/agent will get reimbursed for needed overtime that month (no exemption letter needed).
LIMITED PART TIME
If an officer works between one (1) and seven (7) hours regular time per month on OCDETF matters, no
more than sixteen (16) hours of overtime will be reimbursed that month (no exemption letter needed).
Occasionally dedicated OCDETF resources cannot handle a particular enforcement action, such as an
unexpected surveillance; or unforeseen circumstances require additional non-federal resources and the
investigation would suffer without those additional resources. In those circumstances, more than sixteen
(16) hours of overtime may be reimbursed for that month, but will require an exemption letter. This letter has
to be submitted with the monthly Reimbursement Request. The letter must 1) explain/provide justification
for the unforeseen circumstance(s) which occurred that month; must 2) list the names of each
officer(s)/agents(s) for whom this circumstance pertains; and 3) must state that the sponsoring federal agency
supervisor in the district where the investigation is being conducted, approves of this request.
ZERO PARTICIPATION (Zero Regular Hours Worked)
If an officer/agent works zero (0) regular hours on OCDETF matters during the month, the officer/agent will
be limited to being reimbursed no more than sixteen (16) hours overtime for that month (an exemption letter
is required as described above, plus an explanation of why zero (0) regular hours were worked).
In very rare, unforeseen circumstances, where over sixteen (16) hours of overtime reimbursement are being
requested, an additional explanation of the zero regular hours worked must be added to the exemption letter.
The request for over sixteen (16) hours of overtime reimbursement should be limited to extremely rare
circumstances.
All requests for overtime for matters where unforeseen circumstances are claimed will be reviewed for final
approval by the sponsoring federal agency Pacific Region OCDETF Coordinator (or his/her designee) and the
Pacific Region OCDETF Director (or his/her designee).
Acknowledged:
Authorized 16tate or Local Offic
J
(Name and Signature)
Agreement (FY 19), Page 8S'il C..��
Z.
Title J Date
ADDENDUM B
OCDETF Pacific Region
Authorization to expend funds under the Agreement For The Use of State and Local Overtime
("Agreement") is effective only after it has been approved and funded for a specific amount by the
OCDETF Regional Coordination Group ("RCG"). Mere submission of an Agreement does not authorize
an expenditure of any funds. The amount requested may be reduced to a lower amount by the RCG.
When submitting the agreement, a mailing address for the State or Local Agency Narcotics Supervisor
must be provided (if different from the cover page of the Agreement):
State or Local Agency Narcotics Supervisor:
Lt. John Stieben
Address: 33325 8th Avenue South Federal Way, WA 98003
2. Participation by additional officer(s) requires the submission to the Sponsoring Federal Agency
Coordinator of a Notification of Change in Officer Form, which identifies the new officers.
3. This agreement does not authorize any expenditures beyond the funds allocated by the RCG to
this investigation. This Agreement does not require the RCG to pay for any overtime worked
without sufficient, previously authorized funding.
4. Reimbursement for travel and per diem costs for state and local officers under this agreement is the
responsibility of the sponsoring federal agency.
5. OCDETF State and Local Overtime funds are not to be used for:
a. equipment procurement
b. agency operational subsidies
c. purchases of evidence
d. payments to confidential informants
e. reimbursements to anyone other than sworn law enforcement officers.
f. reimbursement of compensation time earned in lieu of overtime payment
6. All overtime reimbursement requests must be submitted to the RCG within thirty (30) days of
the close of the month in which the overtime was worked.
It is the responsibility of your agency to report cumulative overtime for each officer on the
Officer Overtime Log, which may not exceed S 18,343.75 from any Federal source this fiscal year.
Acknowledged: S . C. v A,�, I )'/3'/
Authorised S to or Loca ffrcia/ Title Date
(Name and Signature)
Agreement (FYI 9). Page 9 � �� A)WA Z.
5i
SUBJECT: Pierce Transit Extra Duty Police Services Agreement — AMENDMENT NO.1
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into an
Agreement / Amendment No. 1 with Pierce Transit for Extra Duty Police Services?
COMMITTEE: PRHS&PSC MEETING DATE: Dec. 11, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kyle Sumpter, Deputy Chief of Police DEPT: Police Department
........................................................................................................Y.............................-1�.............................1......................................................._._.......................-.........--................._..._._..............-...............................................................................-_..........................._.._..........._..-....................._..
Attachments:
1. PRHS&PSC Memo
Options Considered:
1. Accept Extra Duty Police Services Agreement Amendment Nd: 1 with Pierce Transit
2. Reject Amendment No. 1
MAYOR'S RECOMMENDATION: Option 1
s
MAYOR APPROVAL: '!7�-aq �t-'
�D,IRECTOR APPROVAL:w..Co ttee ' Initial
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January X, 2019 consent agenda for
approval.
a
Committee Chair omm ttee Member Com ee Member
PROPOSED COUNCIL MOTION: I move approval of the Pierce Transit Extra Duty Police Services Agreement,
Amendment No. 1 and authorize the Chief of Police to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: December 11, 2018
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Pierce Transit Extra Duty Police Services Agreement — Amendment No. 1
Financial Impacts:
There should be no financial impacts. Pierce Transit is reimbursing the City of Federal Way for
Police Officer overtime (extra duty) worked specific hours at the Transit Center or where needed.
Background Information:
In 2018 Pierce Transit requested Federal Way Police Officers to work extra duty at various Pierce
Transit stations, vehicles, bus routes, bus stops, facilities and properties in Federal Way, Washington.
The term of the agreement was from June 1, 2018 through December 31, 2018. Pierce Transit
requested an Amendment to this agreement to extend the date through December 31, 2019.
Pierce Transit agreed to pay an overtime rate of $71.27 per hour for each officer working in 2018 and
beginning in January 2019 the hourly rate shall increase by the same percentage of pay increase
given to the Police Guild Officers. The extra duty hours would be three (3) hours in the early
morning and (3) hours in the evening.
The officers would be working off duty hours so this would not impact the police services for the
Federal Way Police Department; it would in fact enhance our services since Federal Way Officers
would be working, in uniform, at various Pierce Transit sites and facilities.
CITY OF FEDERAL WAY
EXTRA DUTY POLICE SERVICES AGREEMENT
AMENDMENT NO. 1
WHEREAS, on June 1, 2018, Pierce County Public Transportation Benefit Area Corporation
(hereinafter referred to as "Pierce Transit") and the City of Federal Way, Washington (hereinafter
referred to as "City") entered into City of Federal Way Extra Duty Police Services Agreement to provide
police related services or assistance to support Pierce Transit's system;
WHEREAS, the Agreement expires on December 31, 2018 and includes an option for additional
extensions; and
WHEREAS, both parties are willing and interested in extending the Agreement.
NOW THEREFORE, the above referenced Agreement is hereby amended as follows:
Contract Term: The Contract is herewith extended to December 31, 2019.
All other conditions of the Agreement remain unchanged and are ratified and incorporated herein and
will continue unchanged during this extended term.
IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 to City of Federal Way
Extra Duty Police Services Agreement on the day and year set forth below their signatures.
PIERCE COUNTY PUBLIC TRANSPORTATION CITY OF FEDERAL WAY
BENEFIT AREA CORPORATION
Sue Dreier Date Andy J. Hwang Date
Chief Executive Officer Chief of Police
Attest: Attest:
Deanne Jacobson, Clerk of the Board Date Stephanie Courtney, City Clerk Date
Approved as to legal form only: Approved as to legal form only:
Dana A. Henderson, General Counsel Date Ryan Call, City Attorney Date
6a
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION
PLAN
POLICY QUESTION: Should the City Council approve the Program Year 2019 Community Development Block
Grant (CDBG) Annual Action Plan?
COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: 12/11/2018
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: CD
Coordinator
Attachments: Staff Report
2019 CDBG Annual Action Plan
11/19/2018 Human Services Commission minutes (draft)
Options Considered:
1. Approve the Program Year 2019 CDBG Annual Action Plan
2. Do not approve the Program Year 2019 CDBG Annual Action Plan and give staff direction
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:el 1-711 w' DIRECTOR APPROVAL: 1 ll
Comp ee Cou Cil t Initial/Dai
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the Program Year 2019 CDBG Annual Action Plan to the
PROPOSED COUNCIL MOTION: "I move approval of the Program Year 2019 CDBG Annual Action Plan with
the conditions recommended by the Human Services Commission and authorize the Mayor to execute all
necessary documents to implement the Plan and the corresponding funding agreements with the U.S.
Department of Housing and Urban Development. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 28, 2018
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Jeffrey Watson, Community Services Manager
Sarah Bridgeford, CDBG/Human Services Coordinator
SUBJECT: Program Year 2019 Community Development Block Grant (CDBG)
Annual Action Plan
Financial Impacts:
The Program Year 2019 Community Development Block Grant (CDBG) Annual Action Plan
was included within the approved budget under the Community Development Department. In
accordance with the approved budget, this item is funded by a grant from the U.S.
Department of Housing and Urban Development in the anticipated amount of $674,568. The
grant will fully reimburse the costs incurred by the City to carry out the projects or to
reimburse subrecipients for expenses incurred in carrying out the projects.
Background Information:
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 2019 Action Plan is for the fifth year of the Consolidated Plan
program period. The Human Services Commission considered the Program Year 2019
Annual Action Plan at its regular meeting on November 19, 2018, and voted 7-0 to
"recommend the City Council approve the 2019 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) provided that
amounts do not exceed the amount requested; and additionally, staff may make technical
amendments to incorporate final performance measures from 2018."
Rev. 7/18
41kCITY OF '0'::ttt=p
Federal Way
The City of Federal Way
ANNUAL ACTION PLAN 2019
November 2018
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 2019 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 $864,671 dollars in 2019 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 pre -award
• 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 four 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 2017 Consolidated Annual Performance Evaluation Report (CAPER):
4 households received support for housing repair and rehabilitation
408 persons received assistance with public services
95 persons received economic development -related assistance
If the 2018 CAPER has been approved by City Council at the time the 2019 Annual Action Plan is submitted to HUD, staff
will update the 2019 Annual Action Plan to include 2018 data in place of the 2017 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
2019
• Notice of Funds Available for PY2019/PY2020 CDBG Public Services funds was published in the Federal Way
Mirror on March 2, 2018.
• Notice of Funds Available for PY2019 CDBG Community Economic Revitalization Funds was published in the
Federal Way Mirror on August 3, 2018.
• Request for public comments and input was emailed to stakeholders and service agencies on November 9, 2018
seeking input through January 2, 2019.
• A Notice of Public Hearing was published in the Federal Way Mirror on November 9, 2018, notifying the public of
public hearings to be held on December 17, 2018 and January 2, 2019, and to announce the comment period on
the 2019 Annual Action Plan.
• An opportunity for public comment will be provided on November 19, 2018, before the Human Services
Commission, to receive input on the 2019 Annual Action Plan.
• A public hearing will be held on January 2, 2019, before the Federal Way City Council to receive input on the
2019 Annual Action Plan.
5. Summary of public comments
Public comments will be added as received during the public comment period.
N/A.
Summary of comments or views not accepted and the reasons for not accepting them
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 2
2019
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
2019
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
2019
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.
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 (CoC) 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 provides financial
support for 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
2019
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 6
2019
AP -12 Participation - 91.401, 91.105, 91.200(c)
1. 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
2019
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 2019
Program Year:
• CDBG
• Program Income
• City General Fund (targeted to human services/public services)
Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban
Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre -award costs
incurred by projects included in the 2019 Annual Action Plan will not impact future projects or future
years' funding. The incurred costs are necessary to the implementation of the activities and for
continuity of services to the community.
Anticipated Resources
Table 1 - Expected Resources — Priority Table
Program
Source
of
Uses of Funds
Expected
Amount
Available Year
5
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
$ 155,918
$ 864,671
$0
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
orderto
provide a
wider range
of services to
the
community.
Federal Way Annual Action Plan 8
2019
Program
Source
of
Uses of Funds
Expected
Amount
Available Year
5
Expected
Amount
Narrative
Description
Annual
Program
Prior Year
Total:
Funds
Allocation:
Income:
Resources:
$
Available
$
$
$
Remainder
of Con.
Plan $
General
public
Public Services
$536,000
$0
$0
$536,000
$0
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 9
2019
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 funds will be used to support eligible activities in accordance with CDBG regulations.
Federal Way Annual Action Plan 10
2019
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
Order
Goal Name
Start
Year
End
Year
Category
Needs Addressed
1
EXPAND ECONOMIC
OPPORTUNITIES
2016
2019
Non -Housing
Community
Development
Economic Development
and Job Growth
Funding
Goal Outcome
Indicator
CDBG: $285,848
Jobs created/retained: 7 Jobs
Businesses assisted: 18 Businesses Assisted
People Assisted: 50 People
Goal Name
Start
Year
End
Year
Category
Needs Addressed
2
PROVIDE DECENT,
AFFORDABLE HOUSING
2016
2019
Affordable Housing
Affordable Housing
Preservation
Funding
Goal Outcome
Indicator
CDBG: $289,231
16 affordable housing units preserved
Goal Name
Start
Year
End
Year
Category
Needs Addressed
3
ESTABLISH SUITABLE
LIVING ENVIRONMENTS
2016
2019
Non -Housing
Community
Development
Ensure a Suitable Living
Environment
Funding
Goal Outcome
Indicator
CDBG: $155,592
Public Service activities other than Low -and Moderate -
Income Housing Benefit: 344 Persons Assisted
Housing Units Resolving Violations: 100
Federal Way Annual Action Plan 11
2019
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
MSC Rental Assistance
7
MSC YES Program
8
Orion Employment Services
9
Pediatric Interim Care Center
10
Apprenticeship & Non-traditional Employment for Women (ANEW)
11
Highline Economic Development Program
12
Habitat for Humanity Seattle -King County -2019 FW Repairs
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 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 for job 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
2019
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: $134,000
Description
CDBG Program Planning & Administration for PY2019
Target Date
12/31/2019
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
PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Affordable Housing Preservation
Funding
CDBG: $186,231
Description
Housing repair program helping low/low mod income homeowners repair
their homes to a safe condition.
Target Date
12/31/2019
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
2019
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: $235,000
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 2019.
Target Date
12/31/2019
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 $235,000 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
12/31/2019
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
2019
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: $26,792
Description
The Inclusion Program provides social activities and classes for
developmentally disabled adults.
Target Date
12/31/2019
Estimate the
number and type
of families that will
benefit from the
proposed activities
300 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 will
be provided off-site.
Planned Activities
Social activities, life skills training, trips, and others.
6
Project Name
MSC Rental Assistance
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $32,800
Description
Multi -Service Center will provide rental assistance to eligible Federal Way
residents in crisis.
Target Date
12/31/2019
Estimate the
number and type
of families that will
benefit from the
proposed activities
40 individuals will benefit from rental assistance.
Location
Description
Services will be provided at the Multi -Service Center (1200 S. 336th Street,
Federal Way, WA 98003).
Planned Activities I
Individuals will receive short-term rental assistance to prevent eviction.
Federal Way Annual Action Plan 15
2019
7
Project Name
MSC YES Program
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
Needs Addressed
Economic Development and Job Growth
Funding
CDBG: $12,178
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
12/31/2019
Estimate the
number and type
of families that will
benefit from the
proposed activities
20 individuals between the ages of 16 and 24 will benefit.
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.
8
Project Name
Orion Employment Services
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $10,000
Description
Employment Services for disabled adults.
Target Date
12/31/2019
Estimate the
number and type
of families that will
benefit from the
proposed activities
3 individuals will benefit from this activity.
Location
Description
Job training will be provided at 1590 A Street NE, Auburn, WA 98002.
Planned Activities I
Vocational counseling and skills training to obtain employment.
Federal Way Annual Action Plan 16
2019
9
Project Name
Pediatric Interim Care Center
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $10,000
Description
Interim care of drug -exposed infants.
Target Date
12/31/2019
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.
10
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: $8,670
Description
Pre -apprenticeship training and employment services
Target Date
12/31/2019
Estimate the
5 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.
Federal Way Annual Action Plan 17
2019
11
Project Name
Highline Economic Development Program
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
Needs Addressed
Economic Development and Job Growth
Funding
CDBG: $30,000
Description
Technical Assistance to microenterprise business owners, entrepreneurs,
and start-up businesses located in the approved Neighborhood
Revitalization Strategy Area
Target Date
12/31/2019
Estimate the
18 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.
12
Project Name
Habitat for Humanity Seattle -King County — 2019 Federal Way Repairs
Target Area
Goals Supported
PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Affordable Housing Preservation
Funding
CDBG: $103,000
Description
Housing repair program helping low/low mod income homeowners repair
their homes to a safe condition.
Target Date
12/31/2019
Estimate the
8 families will benefit in 2019.
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
Housing repair for extremely low-, low-, and moderate -income
homeowners. Work is primarily focused on exterior health and safety issues
and ADA accessibility improvements.
Federal Way Annual Action Plan 18
2019
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 19
2019
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 local cities to implement a Parallel Application process to the Human Services
General Fund process. The Parallel Application focused on underserved, underrepresented, and
underfunded 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 has seen great success and will be providing $15,000 to three programs for both 2019 and
2020.
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 of Federal Way is considering participation in the South King County Housing and Homelessness
Partnership (SKHHP) in collaboration with other cities in south King County. SKHHP will focus on assisting
the region in in meeting affordable housing and homeless needs.
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
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,
Federal Way Annual Action Plan 20
2019
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 and outreach to increase opportunities for low-income residents to obtain livable wage jobs.
Actions planned to develop institutional structure
In 2019, the Community Services Division will:
• Update the Division website to include pertinent information for community-based
organizations for planning and program implementation purposes, and for individuals seeking
resources for community development.
• Continue to advocate for additional resources for a coordinated approach to community
development and planning to address poverty issues, affordable housing, job creation, and
community revitalization initiatives.
• Continue to participate in collaborative efforts with other funders, private sector groups, and
agency coalitions such as the COC.
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 21
2019
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
22
2019
Other CDBG Requirements
1. The amount of urgent need activities:
$0
2. 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
2019
23
CITY OF
Federal Way
HUMAN SERVICES COMMISSION
MINUTES
NOVEMBER 19, 2018
COMMISSION MEMBERS PRESENT: Jack Stanford, Kathryn Scanlon, Brian Bentley, Annette Cummings, Sofia Mayo,
Mary Schultz (Chair), Ken Stark (Vice Chair), and Jack Walsh (Alternate).
COMMISSION MEMBERS ABSENT: Julie Hiller, Anthony Pagliocco (Alternate), Betty Taylor (Alternate), and Jamila
Taylor,.
STAFF PRESENT: Jeff Watson (Community Services Manager), Sarah Bridgeford (CDBG/Human Services
Coordinator).
GUESTS: Dana Hollaway, Rich Schockley.
CALL TO ORDER
Commissioner Schultz called the meeting to order at 5:40 pm.
PUBLIC COMMENT
Ms. Hollaway thanked the Commissioners for reviewing and evaluating the applications for the Human Services
Grant Funding including the parallel application. She recognized the difficulty since the requested amount vastly
exceeded the funding available. She had been unaware the City budgeted $536,000 per year of the general fund.
This critical grant funding should be better communicated to the public so residents will be aware of this part of the
budget.
COMMISSIONER COMMENT
Commissioner Scanlon thanked Commissioner Stark for facilitating the October meeting the public hearing on the
Human Services Grant Funding recommendations. Commissioner Schultz apologized for not being present at the
October meeting as she had laryngitis. Commissioner Schultz asked the Commission if they would like to have a
potluck in January; this is the meeting in which elections occur and in which it may be a way to celebrate and thank
outgoing Commissioners. The Commissioners agreed to have a potluck at the January 2019 meeting.
MEETING MINUTES
Commissioner Stark moved to approve the October 15, 2018 meeting minutes as presented. Commissioner Scanlon
seconded the motion. Motion carried, 7-0.
HUD CDBG MONITORING & REPAYMENT OF SECTION 108 LOAN
As previously shared, the U.S. Department of Housing and Urban Development (HUD) monitored the City of Federal
Way's Community Development Block Grant (CDBG) program. Overall, the monitoring went well and HUD was
complimentary of the City's program and files. HUD expressed concerns over the performance on the Section 108
loan and the job creation of the Performing Arts and Event Center (PAEC). The jobs that were expected to be
HSC November 19, 2018 Meeting Minutes Page 1
created included the PAEC as well as the hotel that is expected to be developed on the adjacent property. Initially,
HUD told the City that they were going request that the City not use CDBG funds to service the debt until such time
as the hotel was progressing and the job performance improved. That put the City in a position where at the last
Human Services Commission meeting, the City thought the City may have to use other City funds to repay the loan.
Subsequently, City staff have had a conversation with the Seattle HUD office staff and based on a conversation they
had with HUD headquarters, the corrective action is not going to tell the City that it cannot use CDBG funds to repay
the loan. As a result, the City will use a portion of the annual grant to repay the loan. The City has not yet received a
formal letter summarizing what they found with the monitoring. Staff will share the outcome once the letter is
received.
Commissioners commented that the Performing Arts and Event Center (PAEC) hadn't yet been open one year. Staff
agree and indicated to HUD that the City felt it was premature and too early. The City continues to work with the
PAEC and the management company and continues to pursue the hotel. A question was asked about how jobs
created in the surrounding area are or are not included in achieving job creation. Performance on jobs created may
include jobs created in the surrounding area that can be attributed to the opening of the PAEC. The City will be
working on this component although not in a formal way as the City does not and will not pursue contracts with the
local businesses to require reporting.
2019 CDBG ANNUAL ACTION PLAN
Sarah Bridgeford presented the 2019 CDBG Annual Action Plan. The Annual Action Plan serves the purposes of being
a technical document for the U.S. Department of Housing and Urban Development and a resource for the
community to understand how the City is investing its CDBG dollars.
The City of Federal Way's 2019 Annual Action Plan is based on the 2017 award of $674,568. Once the 2019
allocation is available, the Annual Action Plan will be updated to reflect the actual allocation with pro rata increases
or decreases as appropriate. If there is a significant increase, the City will open another competitive grant
application.
The City of Federal Way divides its funding into three categories. The first is Planning and Administration, which is
capped at 20% of the current annual allocation and is budgeted at $134,000 for 2019. Public Services funding is
capped at 15% for $100,440. The third category is Community Economic Revitalization Funding (CERF), which is
comprised of the remaining 65% of the current year funding, any prior year resources, and anticipated program
income. For 2019, CERF projects have a combined budget of $630,231 and include $190,103 in prior year resources
and anticipated program income. The total budget for 2019 as presented in the annual action plan is $864,671.
The proposed public services projects, including allocations, are:
• City of Federal Way, Inclusion Program:
$26,792;
• Multi -Service Center, Rent Assistance:
$32,800;
• Multi -Service Center, Youth Employment and Education Services:
$12,178;
• Orion Industries, Employment Services:
$10,000;
• Pediatric Interim Care Center; Care for Drug -Exposed Infants:
$10,000; and
• Apprenticeship & Non-traditional Employment for Women, ANEW:
$8,670.
HSC November 19, 2018 Meeting Minutes Page 2
The proposed CERF projects are:
• City of Federal Way, Code Compliance: $76,000;
• City of Federal Way, Housing Repair Program: $186,231;
• City of Federal Way, Section 108 Loan Payment: $210,000;
• Highline College, Highline Economic Development Program (NRSA): $30,000; and
• Habitat for Humanity, 2019 Federal Way Repairs (NRSA): $103,000.
The timeline for the 2019 Annual Action Plan included two competitive RFP processes for public services and CERF.
The public services application was part of the Human Services Grant Fund application process that opened on
March 2nd and closed on April 10th. The CERF application process was specific to the Neighborhood Revitalization
Strategy Area (NRSA) in north Federal Way and the application opened on August 3 d and closed on September 7th
The Human Services Commission made preliminary recommendations for the CERF funding in October and
preliminary recommendations for Public Services in August. The plan was made available on November 9, 2018,
which began the Public Comment period. Two public hearings will be held, one at this meeting of the Human
Services Commission, and the other at the January 2, 2019 City Council meeting. Should the Human Services
Commission recommend the 2019 Annual Action Plan be forwarded to the City Council, the plan will be presented
to the Parks, Recreation, Human Services, and Public Safety Committee on December 11, 2018 and then the City
Council for approval on January 2, 2019. Any significant changes would come back to the Commission and then City
Council.
A question was asked about Code Compliance and whether or not the $76,000 is funding the resources needed for
compliance. Per regulation, the use of funds budgeted for code compliance cannot be used to remediate the
violations. Code Compliance officers may refer to other activities funded with CDBG such as the City's Housing
Repair Program.
PUBLIC HEARING ON THE 2019 ANNUAL ACTION PLAN
Mr. Shockley commented on the Annual Action Plan, sharing about the microenterprise programs offered at
Highline College. The StartZone program has been funded almost exclusively with CDBG funds from the City of
Federal Way and King County in the past few years. The program has been successful in developing new
relationships in the Latino community and recently hosted a 5 -week session held on weekends with 40 attendees.
Another program area that is a focus is adult family care. Many individuals have the training, but not the technical
skills to run and operate the business side; Highline provides the assistance to get the business running. Highline
College will tailor services to the Neighborhood Revitalization Strategy Area and services will most likely be offered
to individuals that have multiple jobs and are running a business for extra income. Highline will employ new
outreach techniques for their programs in the area. Mr. Shockley thanked the Commission for the continued
support.
2019 CDBG ANNUAL ACTION PLAN
Commissioner Stark moved to recommend City Council approve the 2019 Annual Action Plan as presented and that
in the event the annual grant amount from HUD 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) provided that amounts do not exceed the amount requested;
HSC November 19, 2018 Meeting Minutes Page 3
and additionally, staff may make technical amendments to incorporate final performance measures from 2018.
Commissioner Mayo seconded the motion. Motion passed, 7-0.
CTAFF RFPr)RT
Homeless Task Force
The Homeless Task Force has entered the final phase of its work to prepare to deliver a report to the Mayor. There
were four task groups responsible for looking at different aspects of homeless and how it affects the community and
where gaps in services exist. Each group has provided a summary of its work and its recommendations. Chair Sharry
Edwards, Vice Chair Jeff Bellinghausen, and City staff will be compiling the reports into one document prior to the
Task Force taking action. The report will be finalized in the middle of December.
Commissioners asked about the announcement of the $3 million from King County for FUSION and whether this
project was connected to the Task Force. This project and the request for funds are not connected to the Task Force
although the Task Force may be making recommendations in line with the project. The project would be a shelter
for families. FUSION has expressed interest in developing the project, but would have another service provider
operate it. Commissioners commented that the funding from the County did not go through a traditional application
process. Another question was asked about the shelter and if it would be similar to Hospitality House. It is staff's
understanding that the shelter would be individual rooms for families rather than a dormitory style shelter like
Hospitality House.
Commissioners discussed the impact on and response by businesses. The local Chamber of Commerce presented to
the Task Force. Commissioners commented that there are other cities with a variety of solutions that may better
mitigate and respond to the homelessness crisis and hope the Task Force is considering what is being done
elsewhere.
South County Affordable Housing Work Group
This refers to the South King Housing and Homelessness Partners (SKHHP). SKHHP began three years ago as a pilot program with
several south King County cities participating. This would be an expanded, more permanent project with one or more staff. The
City Council did ask that $26,000 per year for 2019 and 2020 be included in the City budget for SKHHP, although the budget has
not been approved.
Questions were asked about the governance of SKHHP. There has been discussion about what is appropriate for a contribution
and what level of work the contributions equate to. Discussions will continue although it should be noted that the governance
will be based on one person/one vote and governance will be made up of elected officials or their designee. Additional details
have been discussed and some details will be determined once SKHHP is established.
2019 Officer Elections
Nominations will occur in December with elections in January 2019. Staff will reach out and discuss terms with Commissioners
as some commissioners will have ending terms and may elect to seek re -appointment.
2019 Human Services Commission Workplan
The Human Services Commission will begin discussion on the 2019 workplan in December. A bulk of the work will
include 2020-2024 Consolidated Plan for CDBG, site visits and presentations by nonprofits, needs assessment, and
HSC November 19, 2018 Meeting Minutes Page 4
may include other items. Please note this is the off year for Human Services Grant Fund applications so the
Commission will only be reviewing Community Economic Revitalization Funding (CERF) applications as applicable.
Commissioners asked about site visits. A similar process will be used where Commissioners will prioritize the
programs and agencies they would like to visit or hear from. This can be discussed further in December.
2020-2024 Consolidated Plan
The Consolidated Plan is submitted with King County and other participating cities. As part of the work plan and
throughout the year, staff will be working with the Commission to identify how commissioners will be involved. At
minimum, the plan will be reviewed by the Commission for recommendation to City Council. This will be a joint
effort, but there will be an individual plan for the City of Federal Way that feeds into the countywide plan. The work
will include modification of the Citizen Participation Plan and a new Analysis of Impediments for fair housing.
Multi -Service Center Villa Capri Update
The Multi -Service Center Villa Capri playground is not an eligible project for CDBG funds and therefore will not be funded by the
City's CDBG. Multi -Service Center will still replace the playground, but not with CDBG funds. Staff also noted that the door
replacement project's budget is significantly impacted by the state prevailing wage rates where labor rates have now exceeded
the federal prevailing wages. The cost of labor is going to be a deterrent. Multi -Service Center and the City are considering how
the project may be phased or need to seek additional resources. There is some potential that the City could allocate additional
resources for the door replacement and if this occurred, it would likely require an Annual Action Plan amendment and that
would come through the Human Services Commission.
Discussed the potential of volunteer support for the playground and/or door replacement. Staff will reach out to Multi -Service
Center and the HUD labor rep to discuss alternate options. Commissioners did offer that they may have connections to
contractors who might volunteer time. This discussion will continue. A question was asked about who owns the complex. Multi -
Service Center does although they use separate LLCs for each property.
NEXT MEETING
December 17, 2018 at 5:30 pm in the Hylebos Room.
ADJOURN
The meeting adjourned at 7:04 pm.
HSC November 19, 2018 Meeting Minutes Page 5
SUBJECT: Public hearing regarding the adoption of interim land use regulations in Title 19 FWRC to
control the provision of telecommunications facilities within the City.
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mark Orthmann, Deputy City Attorney DEPT: Law
Attachment: Staff Report
Background: The Federal Communications Commission ("FCC") recently adopted new rules that control how
local entities may regulate telecommunications facilities in the public rights-of-way. This public hearing is being
held regarding the adoption of interim land use regulations (pursuant to Title 19 FWRC) to control the provision
of telecommunications facilities within the City in compliance with the FCC's order, which goes into effect on
January 14, 2019. The revisions to Title 4 FWRC, regarding franchising and permitting within City rights-of-
way, will also be discussed during the presentation because that ordinance operates in tandem with the interim
land use regulations. The interim land use ordinance under Title 19 FWRC, and the franchising ordinance under
Title 4 FWRC, will be brought before Council for consideration and action during the "Ordinances" agenda item
at this meeting.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A [/DIRECTOR APPROVAL: 3RC IZ 26 1$
Committee Cotm I D Initial/Date
Initial/Date Initial ate
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(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 #
OGDEN MURPHY WALLACE, PLLC T 206.447.7000 OMWLAW.COM
901 FIFTH AVENUE, SUITE 3500 F 206.447.0215
SEATTLE, WA 9 8164-2 00 8
L
MEMORANDUM
DATE: December 18, 2018
TO: Federal Way City Councilmembers
Mark Orthmann, Deputy City Attorney
CITY OF FEDERAL WAY
FROM: W. Scott Snyder
RE: FCC Preemption Order and Small Wireless Deployments
This memo accompanies draft ordinances amending Title 4 FWRC (Franchising and Small
Wireless Facility permitting) and Chapter 19.256 FWRC (Wireless Communication Facilities.
The revisions are driven by changes to Federal Communications Commission Rules. Due to the
need to enact local requirements by January 14, 2019, the City Council is requested to waive
second reading and consider and approve the ordinances on first reading.
BIG PICTURE
I. Timing. The FCC issued its declaratory ruling and order (the "Order") on September 27,
2018. They were published on October 15 in the Federal Register. The Order will become
effective on January 14, 2019. This timeframe required cities to formulate appropriate changes
to existing ordinances before the Order goes into effect and I have been working with your staff
to prepare these ordinances. Additional time is available to adopt aesthetic standards. See
Section 3 below.
2. Sta)/. While four lawsuits are pending, requests to stay the Order have so far been
denied. We will continue to monitor the requests.
3. Publication of Aesthetic Standards. One key provision is the requirement that aesthetic
standards be published and available to the carriers. This requirement when coupled with the
shot clocks puts a premium on adopted standards rather than process. We have developed
extensive standards for various forms of small wireless pole attachments. See Draft Ordinance
Section 19.256.050. Enhanced review in sensitive districts such as undergrounded areas and
design zones is possible, but the burden will be on the City to adopt specific standards for
application through an administrative review process or be prepared to justify variations from the
presumptive shot clocks. See Sections 4 and 5 below. The Order provides cities 180 days after
publication in which to adopt aesthetic standards. See FCC Order, Para. 89.
The ordinances utilize an administrative process to meet the federal timeframes. One of the
ultimate goals of any process will be to have a uniform look for your community and the
{WS51843937.DOCX;1/13104.080005/ }
CITY OF FEDERAL WAY
December 18, 2018
Page 2
ordinances call for administrative review of concealment plans for sensitive zones as well as
specific standards.
4. Timeframes and a Unified Process. One of the main challenges will be compliance with
the new federal shot clocks of sixty (60) days for action on applications for attachments to
existing poles and ninety (90) days for those requiring new poles. The Order covers a wide
variety of local processes from franchising to right-of-way use permits in this requirement. The
timeframes cover all steps and permits. That means:
a. Franchising. Cities will likely adopt one -size -fits -all franchising requirements. Because
all standards must be published, this promises a "hardening of the arteries;" that is less
room for negotiation with individual carriers. Franchises may become take -it -or -leave -it
propositions. Federal law does not take into account the contract nature of a franchise
(ala Lakewood under Washington law. Too rigid franchise provisions run the risk of
challenge as an "effective prohibition." The Order uses the 1st 2nd and 10th Federal
Circuit standard of "materially inhibit" rather than the 81h or 9th Circuits "material gap in
coverage" and "least intrusive means" test.
b. Batching. The Order assumes batching and cities will need to find a way to parallel track
all related permits from administrative permits through franchising in one consolidated
parallel process.
c. Administrative Process. All permitting processes will need to be administrative or Type I
under most classifications in Order to meet the shot clocks and consolidate permitting
into one review process.
d. Traffic Standards. Many cities currently exclude traffic standards as sites for wireless
facilities. The Order does away with traditional distinctions between the regulatory and
preparatory roles of local government. Absent a strong and specific public safety case,
this exclusion is problematic under the wording of the Order. One way to address the
issue would be to maintain the exclusion while providing an exception (administrative
variance) where denial of use of a traffic standard would "effectively prohibit"
("materially inhibit") the carrier from serving your community.
5. The Presumptive Nature of Federal Shot Clocks. Despite all the negatives in the FCC Order,
it is important to note that (a) SEPA provisions remain effective and (b) the FCC shot clocks
are presumptive safe harbors, not preemptive standards. A city may enact more lengthy or
extensive processes to deal with specific situations. FCC Order, Para. 84, et seq. These
processes may take more time than the safe harbors provide for if the City can justify them:
``...allowing siting agencies to rebut the presumptive reasonableness of the shot clocks based
on the actual circumstances they face." FCC Order, Para. 109. As we proceed, staff, the
Planning Commission, and City Council should consider whether there are specific areas of
the City that require greater protection. The City may also choose to utilize the SEPA and
N
CITY OF FEDERAL WAY
December 18, 2018
Page 3
Shorelines processes regardless of the shot clocks so long as it is understood that the City
runs a risk and will carry the burden of overcoming the timelines presumption created by the
shot clocks.
6. Macro Sites. The Order, for the first time, includes macro facilities as well as small cells,
when it discusses adopting the "material inhibition" standard to evaluate claims of the "effective
prohibition" of a wireless carrier from a community. This provision as well as the extension of
shot clocks to small cell facilities outside of the public right-of-way will require most cities to
rewrite their macro tower facility code as well as craft new small wireless regulations.
CONCLUSION
1 have worked with Mr. Orthmann and your staff to tailor the City's ordinances and processes to
the FCC Order. Your questions and direction will be appreciated.
WSSJgjz
3
7a
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONTRACTS WITH WA DEPARTMENT OF COMMERCE AND MARY'S PLACE SEATTLE FOR
FAMILY SHELTER
POLICY QUESTION: Should City Council Authorize the Mayor to enter into an agreement with the Washington
Department of Commerce for grant funds totaling One Hundred Thousand Dollars ($100,000.00) in support of
family shelter and enter into an agreement with Mary's Place Seattle to provide shelter to Federal Way
families?
COMMITTEE: PRHSPSC MEETING DATE: 12/11/2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JeffreyWatson Community Services Manager DEPT: CD/CS
......................................................................................................................................................... ............................... Y....................................................................... g..........................................................................'..........................................................................................................................................
Attachments: Staff Report
Draft Department of Commerce Grant Agreement
Draft Human Services Agreement for Family Shelter
Options Considered:
1. Authorize the Mayor to enter into an agreement with the Washington State Department of Commerce for
receipt and use of the grant funds; and authorize the Mayor to enter into an agreement with Mary's Place
Seattle to provide shelter to Federal Way families.
2. Do not direct the Mayor to enter into an agreement for the grant funds and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:\..�./a /4/ 1 ]S L � 1,21W147 DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 2, 2019 een:9etit
agenda for approygl. l..,s.
PROPOSED COUNCIL MOTION: "I move approval of the Department of Commerce Grant Agreement, effective
November 1, 2018 through June 30, 2019 with a total of $100,000 and the corresponding Human Services
Agreement for Family Shelter. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 4, 2018
TO: City Council Members
VIA: Jim Ferrell, Mayor
FM: Jeff Watson, Community Services Manager
Sarah Bridgeford, CDBG/Human Services Coordinator
SUBJECT: Contracts with WA Department of Commerce and Mary's Place for Homeless
Shelter for Families with Children
This memorandum is to provide additional background and clarification for City Council
regarding the Contracts with Washington Department of Commerce and Mary's Place for
Homeless Shelter for Families with Children.
Background:
During the 2018 Regular Session, the Washington Legislature appropriated One Hundred
Thousand Dollars ($100,000) for the City of Federal Way for emergency shelter for homeless
families with children as part of the 2019 fiscal year budget:
"$100,000 of the general fund—state appropriation for fiscal year 2019 is provided
solely for a grant to the city of Federal Way for an emergency shelter to serve
homeless families with children. "
This funding responds to a critical need for shelter for homeless families in Federal Way and was
a priority in the City's 2018 Legislative Agenda in support of the City's Homeless Mothers and
Children Initiative (HMCI). The funding must be spent by June 30, 2019.
City of Federal Way Staff was notified by the Washington Department of Commerce
(Commerce) in early May 2018 that the funding had been approved and that they would be
managing the contract with the City. Community Services Staff communicated further with
Commerce and confirmed the use of the funds was explicitly stated in SB 6032 and would be
managed consistent with the criteria of the State's Consolidated Homeless Grant (CHG)
program.
Given the short nature of the funding availability, existing shelters would be hard pressed to be
able to accommodate more Federal Way families or provide set asides/guarantees of service.
City Staff discussed potential service providers for the emergency shelter to serve homeless
families with children and concluded that there were two possible providers who could serve
Federal Way families: New Hope Christian Fellowship and Mary's Place Seattle. The City had
been working with New Hope since 2017 to establish a cold weather shelter for families.
Despite multiple conversations with New Hope, the church determined that it could not enter
into a contract with the City as a service provider for a homeless shelter. Mary's Place had been
participating in the HMCI and independently searching for a location in Federal Way to establish
a family shelter. Also, Mary's Place was fortunate to purchase a facility in Burien in Spring
2018 that they converted to a shelter to serve homeless families with children and had served
some Federal Way residents.
City Staff considered the capacity of both New Hope and Mary's Place to meet the needs of
Federal Way residents on a year-round basis, as well as comply with the requirements of
Commerce for use of the funds. Staff had concerns about New Hope's ability to comply with
performance and reporting requirements, and importantly, the capacity to operate a shelter on a
quarterly reimbursement basis, as well as New Hope's inability to contract with the City. New
Hope operates with volunteer staff, which is to their credit and demonstrative of their mission;
however, it limits the number of families they can serve and the services they can provide. Also,
New Hope welcomes homeless single adults during the day, which conflicts with a 24/7
operation for homeless families with children. This contrasted with Mary's Place record of
successfully operating family shelters, while providing comprehensive services with trained staff
experienced in housing navigation so that families can move more quickly to their own home
and staff skilled in helping families identify goals and remove barriers.
As the Burien location for Mary's Place is new, it provided a unique opportunity to guarantee
service for Federal Way families. Plus, given the restrictions on the state funding, any capital or
startup costs would be prohibitive as the funding could not be used for these costs. Mary's Place
already had its capital, equipment, and supplies costs covered and planned for the new shelter
meaning they were uniquely able to accept program operation and direct client assistance funds
and fully expend the funding by June of 2019.
Mary's Place history, along with administrative, financial, and staff capacity, combined with the
presence of a new shelter in proximity to Federal Way, if not located inside the City, and their
capacity to serve residents on a reimbursement basis and meet performance and reporting
requirements, led Community Services Staff to conclude Mary's Place was the appropriate
choice to serve Federal Way families with children.
Negotiations with the Washington Department of Commerce and Mary's Place:
Community Services Staff met with the Mayor's Office in early June 2018 and summarized the
foregoing issues and recommended the grant funding be provided to Mary's Place to serve
Federal Way homeless families with children in the new Burien shelter. The Mayor concurred
and directed Staff to work with Mary's Place.
Community Services Staff began conversations and negotiations with Mary's Place and
informed Commerce about the City's plans. Commerce supported the choice of Mary's Place
and use of the funds to serve Federal Way residents in a shelter outside the City. Negotiation of
the two contracts, one between Commerce and the City and one between the city and Mary's
Place was recently concluded and Mary's Place is prepared to use the funds by June 30, 2019.
JU Department of Commerce
Grant Agreement with
For
City of Federal Way
through
Community Services and Housing Division
Housing Assistance Unit
Federal Way emergency shelter for homeless families with
children.
Start date: July 1, 2018
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
Special Terms and Conditions........................................................................................ 1
FaceSheet............................................................................................................. 1
1. Contract Management............................................................................. 2
2. Compensation......................................................................................... 2
3. Billing Procedures and Payment.............................................................. 2
4. Subcontractor Data Collection................................................................. 2
5. Insurance................................................................................................. 2
6. Washington State Quality Award......................................................3
7. Order of Precedence............................................................................... 3
General Terms and Conditions....................................................................................... 5
1.
Definitions............................................................................................... 5
2.
Access to Data........................................................................................ 5
3.
Advance Payments Prohibited................................................................. 5
4.
All Writings Contained Herein.................................................................. 5
5.
Amendments........................................................................................... 5
6.
Americans With Disabilities Act (ADA) ..................................................... 5
7.
Assignment............................................................................................. 6
8.
Attorneys' Fees....................................................................................... 6
9.
Confidentiality/Safeguarding of Information ............................................. 6
10.
Conflict of Interest................................................................................... 6
11.
Copyright.................................................................................................7
12.
Disputes.................................................................................................. 8
13.
Duplicate Payment..................................................................................
8
14.
Governing Law and Venue......................................................................
8
15.
Indemnification........................................................................................
8
16.
Independent Capacity of the Contractor ..................................................
8
17.
Industrial Insurance Coverage................................................................. 8
18.
Laws........................................................................................................ 8
19.
Licensing, Accreditation and Registration ................................................ 9
20.
Limitation of Authority.............................................................................. 9
21.
Noncompliance With Nondiscrimination Laws ......................................... 9
22.
Pay Equity............................................................................................... 9
23.
Political Activities..................................................................................... 9
24.
Publicity...................................................................................................9
25.
Recapture..............................................................................................10
26.
Records Maintenance............................................................................
10
27.
Registration With Department of Revenue .............................................
10
28.
Right of Inspection......................................................................10
29.
Savings.................................................................................................
10
30.
Severability............................................................................................10
31.
Site Security..........................................................................................
10
32.
Subcontracting......................................................................................
11
33.
Survival.................................................................................................11
TABLE OF CONTENTS
34. Taxes.................................................................................................... 11
35. Termination for Cause........................................................................... 11
36. Termination for Convenience................................................................. 11
37. Termination Procedures........................................................................ 12
38. Treatment of Assets.............................................................................. 12
39. Waiver...................................................................................................13
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Contract Number: 18-46118-02
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Consolidated Homeless Grant (CHG)
1. Grantee
2. Grantee Doing Business As (optional)
City of Federal Way
Community Development Department
33325 8"' Ave. South
Federal Way, Washington, 98003
3. Grantee Representative
4. COMMERCE Representative
Jeffery Watson
Julie Montgomery 1011 Plum St. SE
Community Services Manager
Grant Manager Olympia, Washington
253-835-2650
360-725-2963 98501-1011
jef£watson@cityoffederalway.com
julie.montgomery@commerce.wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$100,000.00
Federal: ❑ State: ® Other: ❑ N/A: ❑
July 1, 2018
June 30, 2019
9. Federal Funds (as applicable) Federal Agency: CFDA Number
N/A N/A N/A
10. Tax ID#
11.SWV#
12.UBI#
13. DUNS#
91-1462550
SWV0015957
601-223-538
612509901
14. Grant Purpose
This grant funds an emergency shelter for families with children experiencing homelessness.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment "A" — Scope of Work and Attachment `B" — Budget.
FOR GRANTEE
FOR COMMERCE
Diane Klontz, Assistant Director
Signature
Community Services and Housing Division
Print Name and Title
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $100,000 for the performance of all things
necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work.
Grantee's compensation for services rendered shall be based in accordance with Attachment B —
Budget.
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed COMMERCE invoices, which shall be submitted to the Representative for COMMERCE
not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by
Commerce on a case-by-case basis.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
4. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
5. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Grantee or
Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non -renewal or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of
su bgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain
Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and
licensed staff employed or under contract to the Grantee. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of 'receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantee/subcontractors pursuant to this paragraph shall name the Grantee as beneficiary.
C. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of
cancellation.
6. WASHINGTON STATE QUALITY AWARD
Washington State RCW 43.185C.210 (5) (a). Beginning in 2011, each eligible organization receiving
over five hundred thousand dollars during the previous calendar year from sources including: (a)
State housing -related funding sources; (b) the affordable housing for all surcharge in RCW 36.22.178;
(c) the home security fund surcharges in RCW 36.22.179 and 36.22.1791; and (d) any other
surcharge imposed under chapter 36.22 or 43.185C RCW to fund homelessness programs or other
housing programs, shall apply to the Washington State quality award program for an independent
assessment of its quality management, accountability, and performance system, once every three
years.
Cities and counties are exempt from these requirements until 2018 unless they are receiving more
than $3.5 million annually from the sources cited above. [See 43.185C.210 (5) (a) and
RCW43.185C.240(1)(b).]
For more information about WSQA visit their website at www.performanceexcellencenw.org.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The terms "subgrantee/subcontractor" refers to any tier.
H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Grantee's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA" 28 CFR Part 35
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Grantee 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 telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request,
the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Grant
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Grantee shall make the changes within the time period specified
by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
10. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the
CONTRACTOR in the procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the Commerce program
administering this Grant, including but not limited to formulating or drafting the legislation,
participating in grant procurement planning and execution, awarding grants, and monitoring grants,
A
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
during the 24 month period preceding the start date of this Grant. Identify the individual by name, the
agency previously or currently employed by, job title or position held, and separation date. If it is
determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from
further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the Grantee as it could pursue in the event of a breach of the contract by
the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this contract.
11. COPYRIGHT
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
12. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
13. DUPLICATE PAYMENT
COMMERCE shall not pay the Grantee, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
14. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
15. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agencts, employees, representatives, or any subgrantee/subcontractor or its employees.
The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform
the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
16. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Grant. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
17. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
under this Contract, and transmit the deducted amount to the Department of Labor and Industries,
(L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from
the Grantee.
18. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
9
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
19. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
20. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
grants with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set
forth herein.
22. PAY EQUITY
The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. Grantee may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Grantee is not in compliance with this provision.
23. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
24. PUBLICITY
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
25. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
26. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grant.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
27. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
28. RIGHT OF INSPECTION
The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
29. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions.
30. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
31. SITE SECURITY
While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in
all respects with physical, fire or other security policies or regulations.
10
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
32. SUBGRANTING/SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or
(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor
to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to
release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the
Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
33. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
34. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
35. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
36. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
11
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
37. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated. The provisions of the "Treatment
of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant.
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and
subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
su bgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the Grant had been completed, would
have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
7. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which COMMERCE has or may acquire an interest.
38. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property
by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this Grant
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Su bgrantees/Subcontractors.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
13
Attachment A
Scope of Work
Grantee shall commit to funding and oversight of an emergency shelter for families with children
experiencing homelessness.
Allowable Expenses
Facility Support Costs
✓ Lease or rent payment on a building used to provide temporary housing.
✓ Utilities (gas /propane, phone, electric, internet, water and sewer, garbage removal).
✓ Maintenance (janitorial/cleaning supplies, pest control, fire safety, materials and contract or staff
maintenance salaries and benefits associated with providing the maintenance, mileage for
maintenance staff).
✓ Security and janitorial (salaries and benefits associated with providing security, janitorial
services).
✓ Essential facility equipment and supplies (e.g. common -use toiletries, food served in shelters,
bedding, mats, cots, towels, microwave, etc.)
✓ Expendable transportation costs directly related to the transportation of eligible households (bus
tokens and fuel for a shelter van).
✓ On-site and off-site management costs related to the building.
✓ Facility specific insurance (mortgage insurance is not allowable) and accounting.
✓ Costs for securing permanent housing including: application fees, background check fees, credit
check fees, utility deposits, and costs of urinalyses for drug testing of household members if
necessary/required for housing.
✓ Other expenses as approved by Commerce.
Program Operations
✓ Salaries and benefits for program staff.
✓ Office space, utilities, supplies, equipment (up to $1,500 per grant period unless approved in
advance by Commerce), telephone, internet, and training/conferences/travel and per diem.
✓ Intake and assessment, including time spent assessing a household, whether or not the
household is determined eligible.
✓ Housing Stability Services. This includes developing an individualized housing and service plan,
monitoring and evaluating household progress, identifying creative and immediate housing
solutions outside of the traditional homeless service system (diversion), SSI/SSDI Outreach,
Access, and Recovery (SOAR), and assuring that households' rights are protected.
✓ Housing Search and Placement Services. This includes services or activities designed to assist
households in locating, obtaining, and retaining suitable housing, tenant counseling, assisting
households to understand leases, inspections, securing utilities, making moving arrangements,
and representative payee services concerning rent and utilities.
✓ Mediation and outreach to property owners/landlords related to locating or retaining housing
(landlord incentives).
✓ Outreach services.
✓ Optional support services for individuals in permanent supportive housing, including case
management and connections to resources.
✓ Data collection and entry.
✓ General liability insurance and automobile insurance.
✓ Other costs as approved in advance by Commerce.
14
Attachment A
Administration
✓ Executive director/accounting/human resources/IT salaries, benefits
✓ General organization insurance
✓ Organization wide audits
✓ Board expenses
✓ Organization -wide membership fees and dues
✓ Washington State Quality Award (WSQA) expenses
✓ General agency facilities costs (including those associated with executive positions) such as rent,
depreciation expenses, and operations and maintenance.
Ineligible Expenses
0 Replacement or operating reserves.
0 Debt service.
• Construction or rehabilitation of shelter facilities.
• CHG facility support in combination with CHG funded rent and rent/utility assistance.
19 Mortgage payment for the facility.
15
Attachment B
Budget
SFY 2019 July 1, 2018 - June 30, 2019
Facility Support
Program Operations $91,500.00
Administration cannot be over 15% of grant total $8,500.00
Grant Total
$100,000.00
16
` CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway.com
HUMAN SERVICES AGREEMENT
FOR
FAMILY SHELTER
This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Mary's Place Seattle, a Washington nonprofit corporation ("Agency"). The City and
Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice
required under this Agreement:
MARY'S PLACE SEATTLE:
Marty Hartman
P.O. Box 1711
Seattle, WA 98111
(206) 621-8474 (telephone)
aceseattle.
The Parties agree as follows:
CITY OF FEDERAL WAY:
Sarah Bridgeford
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2651 (telephone)
(253) 835-2609 (facsimile)
sarah.bridgeford@cityoffederalway.com
1. TERM. The term of this Agreement shall be for a period commencing on November 1, 2018 and terminating on June
30, 2019 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance
during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional
periods of time upon the mutual written agreement of the City and the Agency.
2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and
incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar
services within the Puget Sound region in effect at the time those services are performed to the City's satisfaction, within the
time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Agency warrants that it
has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by
all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business
registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times,
to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not
relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the
City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party
thirty (3 0) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency
fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in
ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In return for the Services, the City shall pay the Agency an amount not to exceed a maximum amount
and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall
reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The
Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this
Agreement.
HUMAN SERVICES AGREEMENT - 1 - 3/2017
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
4.2 Method of Payment. On a quarterly basis, the Agency shall submit to the City an invoice for payment on a form
provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this
Agreement. Payment shall be made on a quarterly basis by the City only after the Services have been performed and within
forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and
reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of
satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the
performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each quarter, the
City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be
made at the discretion of the City's Human Services Manager in cases where circumstances beyond the Agency's control impact
its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its
goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion.
4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's
final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be
relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided,
however, that the City may elect to pay any invoice that is not submitted in a timely manner.
4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the
line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item
budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten
percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and
must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be
reviewed and approved or denied by the City in writing.
4.5 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after
the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which
funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
5. INDEMNIFICATION.
5.1 Agency Indemnification. The Agency agrees to release, indemnify, defend, and hold the City, its elected
officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives arising from, resulting from, or in
connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's
sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's
negligence. Agency shall ensure that each subcontractor shall agree to defend and indemnify the City, its elected officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and
conditions as the Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency's work when
completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes
of this indemnification. Agency's indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other
benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver.
HUMAN SERVICES AGREEMENT - 2 - 3/2017
` CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors,
shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands,
actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses,
fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 solely caused by the negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the
performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of
the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows:
6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with
such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products
liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each
occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of
the State of Washington;
c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily
injury, including personal injury or death, and property damage.
6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Agency's insurance and shall not contribute with it.
6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance
for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's
request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or
fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage
for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and
acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performance of this Agreement shall
be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate
termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully
cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Agency while
performing the Services shall belong to the City upon delivery. The Agency shall make such data, documents, and files available
to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination
of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to
the City.
HUMAN SERVICES AGREEMENT - 3 - 3/2017
CITY OF CITY HALL
''�....., Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www ciWffederahvay com
9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures
and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be maintained for a period of six (6) years after the termination of this Agreement and may be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other
governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the
Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results
obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any
other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency
shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at
Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held
for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in
Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide
a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract.
11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for
other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform
the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency does not
have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the
Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance.
12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible
by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any
level, or any of those entities' employees, agents, sub -agencies, or representatives against any person because of sex, age (except
minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any
disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in
relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil
Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5
and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination.
13. GENERAL PROVISIONS.
13.1 Intemretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement
conflict with any language in this Agreement, the terms of this Agreement shall prevail. 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. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal
shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement
and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision
of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly
authorized representatives of the Parties.
13.2 The Agency acknowledges it has read and understands the terms of the Grant Agreement (Exhibit "D"), and
will abide by all terms and conditions of the Grant Agreement between the City of Federal Way and the Washington State
HUMAN SERVICES AGREEMENT - 4 - 3/2017
CITY OF CITY HALL
33325
A**._., Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www crtyoffederatway com
Department of Commerce.
13.2 Assignment and Beneficiaries. Neither the Agency nor the City 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. If the non -
assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the
Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have
any right of action or interest in this Agreement based on any provision set forth herein.
13.3 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics
Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may
be rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance
is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of
this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of
this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received
three (3) days after the date of mailing. 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 to the City at law, in equity or by statute. The failure of the
City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to
declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be
made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle
any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim,
shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over
such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the
personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are
an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal
costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition
to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Agency represents and warrants
that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same
document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it
shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may
be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature
and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement
shall be the "date of mutual execution" hereof.
[Signature page follows]
HUMAN SERVICES AGREEMENT - 5 - 3/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederalway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
Jim Ferrell, Mayor
DATE
MARY'S PLACE SEATTLE:
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
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
Notary's signature
Notary's printed name
20
Notary Public in and for the State of Washington.
My commission expires
HUMAN SERVICES AGREEMENT - 6 - 3/2017
`CITY OF
.�. Federal
Proiect Summary
CITY HALL
Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederalway com
EXHIBIT A
SERVICES
The Agency shall provide shelter for families experiencing homelessness including access to enhanced services.
The Agency shall ensure that services provided with funding under this Agreement are made available to
Federal Way residents. Families shall be at or below 30% area median income
Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with
Human Services funds:
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
1st
2nd
3rd
4th
Quarter
Quarter
Quarter
Quarter
Total
JAN. —
APRIL —
JULY —
OCT. —
MARCH
JUNE
SEPT.
DEC.
No. of unduplicated Federal
Way persons assisted in 2018
n/a
n/a
n/a
12
12
No. of unduplicated Federal
n/a
n/a
n/a
575
575
Way persons assisted in 2019
12
12
1 n/a
n/a
24
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017
1st
2nd
3rd
4th
Quarter
Quarter
Quarter
Quarter
Total
JAN. —
APRIL —
JULY —
OCT. —
MARCH
JUNE
SEPT.
DEC.
2018
1. Bednights
n/a
n/a
n/a
575
575
2. Housing navigation services
n/a
n/a
n/a
4
4
3. Employment Services
n/a
n/a
n/a
2
2
4. Individualized family support
and advocacy
n/a
n/a
n/a
4
4
HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017
!CITY OF
� Federal
CITY HALL
Way 33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www cayoffederalway com
2019
1. Bednights
900
900
n/a
n/a
1,800
2. Housing navigation services
4
4
n/a
n/a
8
3. Employment Services
2
2
n/a
n/a
4
4. Individualized family support
and advocacy
4
4
n/a
n/a
8
C. Definition of Services
1. Shelter bed: one twin sized bed in a 24 hours per day, 7 days per week shelter. Shelter is continuous -stay shelter where
families have beds assigned to them throughout the duration of their stay.
2. Housing navigation services: measured by the number of families accessing the services; parents work one-
on-one with Mary's Place Housing Specialists to understand needs and set goals to move families forward from
shelter to housing with a goal of 90 days.
3. Employment Services: measured by the number of families accessing the services; families work one-on-one
with Mary's Place Employment Specialists to understand needs and set goals to obtain full-time jobs with
benefits.
4. Individualized family support and advocacy: Mary's Place is committed to helping families where they are;
staff help families create individualized, tailored plans to move from the crisis response shelter to stable
housing.
D. Performance Measure(s)
Outcome(s) to be reported:
1. Families will have secure housing: success is measured as households moving to
permanent or transitional housing.
Records
A. Project Files
The Agency shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Agreement with the Scope of Services.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the City for this project.
6. Bills for payment with supporting documentation.
7. Copies of approved invoices and warrants.
HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017
` CITY OF
,�.. Federal
CITY HALL
Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederaWay corn
Records documenting that costs reimbursed with funding provided under this Scope and under
Exhibits D are allowable. Such records include, but are not limited to:
■ for personnel costs, payroll for actual salary and fringe benefit costs.
■ for staff travel, documentation of mileage charges for private auto, use must include: a)
destination and starting location, and b) purpose of trip; and
■ for copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report
income of clients served under this Agreement. Income guidelines may be adjusted periodically by
HUD.
King County FY 2018 Income Limits Summary
(effective 41112018)
FY 2018
Median Income
Income
1
2
3
4
5
6
7
8
King County
Limit
Person
Persons
Persons
Persons
Persons
Persons
Persons
Persons
Category
Extremely
Low
$103,400
(30%)
$22,200
$25,700
$28,900
$32,100
$34,700
$37,250
$39,850
$42,400
Income
Limits
The Agency agrees to use updated Income Guidelines which will be provided by the City.
Reports and Reporting Schedule
The Agency shall collect and report client information to the City quarterly and annually on a Service Unit
Report to be provided by the City in the format requested by the City.
The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data
requested on this form from the persons served through this contract. Data should be tracked in an ongoing
manner and submitted annually no later than January 15 in the format requested by the City.
The Agency shall implement and track at least one measurable outcome for the program as presented in the
application. Changes to the outcome presented in the application must be approved by the City prior to
implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome
Data Report to be submitted by January 15 in the format requested by the City.
Public Information
In all news releases and other public notices related to projects funded under this Agreement, the Agency will
include information identifying the source of funds as the City of Federal Way Human Services General Fund
Program.
HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017
CITY OF
A** , Federal Way
EXHIBIT B
COMPENSATION
Proiect Budget
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederatway com
The Agency shall apply the following funds to the project in accordance with the Line Item Budget, detailed
below. The total amount of reimbursement pursuant to this Agreement shall not exceed One Hundred Thousand
and 00/100 Dollars ($100,000.00).
A. City of Federal Way Funds
2018
2019
Department of Commerce Funds:
$17,734.00
$82,266.00
Total City of Federal Way Funds:
$17,734.00
$82,266.00
B. Line Item Budget
2018
2019
Personnel Services (detail below)
$10,851.00
$62,849.00
Office or Operating Supplies
$
$9,000.00
Office Space, Utilities, Supplies, Equipment
$250.00
$1,250.00
Communications
$
1
Travel and Training
$
Floor Support (All Shifts)
Other (specify):
$
$21,960.00
Direct Client Assistance Funds: Flexible
funds for families (an average of $115 per
person with a maximum of $1,500 per
family)
$5,433.00
$10,867.00
Administration (Overhead)
$1,200.00
$7,300.00
Total City of Federal Way Funds:
$17,734.00
$82,266.00
C. Personnel Detail
Position Title
Position Full
Time Equivalent
Annual Salary
and Benefits
HS Funds
Site Directors (2)
2
$148,200.00
$9,000.00
Shift Managers(All Shifts)
4.2
$213,850.00
$13,200.00
Housing Specialists
1
$47,109.78
$1,700.00
Floor Support (All Shifts)
8.4
$367,600.00
$21,960.00
Nursing Staff
1.00
$67,500.00
$4,800.00
Food Staff
2.4
$125,000.00
$7,440.00
Facilities Staff
6.2
$262,000.00
$15,600.00
Total:
24.2
$1,184,150.00
$73,700.00
HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017
CITY
Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederahvay com
Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than quarterly
and are due on the following dates:
2018
4th Quarter: January 6
2019
1 st Quarter: April 15
2nd Quarter: June 8
The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement
Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing
period.
Estimated Quarterly Payments:
2018
4th Qtr $17,734.00
2019
1st Qtr $41,133.00
2nd Qtr $41,133.00
Expenses must be incurred prior to submission of quarterly reimbursement requests. Proof of expenditures must
be attached to the reimbursement request for invoice to be approved.
Quarterly reimbursement requests shall not exceed the estimated payment without prior written approval from
the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance
measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City
with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit
Report.
Conditions of Funding
The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges
that payment to the Agency will not be made unless the funding conditions are met.
HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017
CITY
Way
EXHIBIT C
INSURANCE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
HUMAN SERVICES AGREEMENT - 6 - HSA Exh 5/2017
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www ci"ffederahvay com
EXHIBIT D
GRANT AGREEMENT
HUMAN SERVICES AGREEMENT - 7 - HSA Exh 5/2017
L
:. Department of Commerce
Grant Agreement with
For
City of Federal Way
through
Community Services and Housing Division
Housing Assistance Unit
Federal Way emergency shelter for homeless families with
children.
Start date: July 1, 2018
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
Special Terms and Conditions........................................................................................ 1
FaceSheet............................................................................................................ 1
1. Contract Management............................................................................. 2
2. Compensation......................................................................................... 2
3. Billing Procedures and Payment.............................................................. 2
4. Subcontractor Data Collection................................................................. 2
5. Insurance................................................................................................. 2
6. Washington State Quality Award......................................................3
7. Order of Precedence............................................................................... 3
General Terms and Conditions....................................................................................... 5
1.
Definitions...............................................................................................
5
2.
Access to Data........................................................................................
5
3.
Advance Payments Prohibited.................................................................
5
4.
All Writings Contained Herein..................................................................
5
5.
Amendments...........................................................................................
5
6.
Americans With Disabilities Act (ADA) .....................................................
5
7.
Assignment.............................................................................................
6
8.
Attorneys' Fees.......................................................................................
6
9.
Confidentiality/Safeguarding of Information .............................................
6
10.
Conflict of Interest...................................................................................
6
11.
Copyright.................................................................................................7
12.
Disputes..................................................................................................
8
13.
Duplicate Payment..................................................................................
8
14.
Governing Law and Venue......................................................................
8
15.
Indemnification........................................................................................
8
16.
Independent Capacity of the Contractor ..................................................
8
17.
Industrial Insurance Coverage.................................................................
8
18.
Laws........................................................................................................
8
19.
Licensing, Accreditation and Registration ................................................
9
20.
Limitation of Authority..............................................................................
9
21.
Noncompliance With Nondiscrimination Laws .........................................
9
22.
Pay Equity...............................................................................................
9
23.
Political Activities.....................................................................................
9
24.
Publicity...................................................................................................9
25.
Recapture..............................................................................................10
26.
Records Maintenance............................................................................
10
27.
Registration With Department of Revenue .............................................
10
28.
Right of Inspection......................................................................10
29.
Savings.................................................................................................
10
30.
Severability............................................................................................10
31.
Site Security..........................................................................................
10
32.
Subcontracting......................................................................................
11
33.
Survival.................................................................................................11
TABLE OF CONTENTS
34. Taxes.................................................................................................... 11
35. Termination for Cause........................................................................... 11
36. Termination for Convenience................................................................. 11
37. Termination Procedures........................................................................ 12
38. Treatment of Assets.............................................................................. 12
39. Waiver...................................................................................................13
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Contract Number: 18-46118-02
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Consolidated Homeless Grant (CHG)
1. Grantee
2. Grantee Doing Business As (optional)
City of Federal Way
Community Development Department
33325 8th Ave. South
Federal Way, Washington, 98003
3. Grantee Representative
4. COMMERCE Representative
Jeffery Watson
Julie Montgomery 1011 Plum St. SE
Community Services Manager
Grant Manager Olympia, Washington
253-835-2650
360-725-2963 98501-1011
jeff.watson@cityoffederalway.com
julie.montgomery@commerce.wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$100,000.00
Federal: ❑ State: ® Other: ❑ N/A: ❑
July 1, 2018
June 30, 2019
9. Federal Funds (as applicable) Federal Agency: CFDA Number
N/A N/A N/A
10. Tax ID #
11. SWV #
12. UBI #
13. DUNS #
91-1462550
SWV0015957
601-223-538
612509901
14. Grant Purpose
This grant funds an emergency shelter for families with children experiencing homelessness.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment "A" — Scope of Work and Attachment "B" — Budget.
FOR GRANTEE
FOR COMMERCE
Diane Klontz, Assistant Director
Signature
Community Services and Housing Division
Print Name and Title
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $100,000 for the performance of all things
necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work.
Grantee's compensation for services rendered shall be based in accordance with Attachment B —
Budget.
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed COMMERCE invoices, which shall be submitted to the Representative for COMMERCE
not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by
Commerce on a case-by-case basis.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
4. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
5. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Grantee or
Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non -renewal or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of
su bgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain
Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and
licensed staff employed or under contract to the Grantee. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantee/subcontractors pursuant to this paragraph shall name the Grantee as beneficiary.
C. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of
cancellation.
6. WASHINGTON STATE QUALITY AWARD
Washington State RCW 43.185C.210 (5) (a). Beginning in 2011, each eligible organization receiving
over five hundred thousand dollars during the previous calendar year from sources including: (a)
State housing -related funding sources; (b) the affordable housing for all surcharge in RCW 36.22.178;
(c) the home security fund surcharges in RCW 36.22.179 and 36.22.1791; and (d) any other
surcharge imposed under chapter 36.22 or 43.185C RCW to fund homelessness programs or other
housing programs, shall apply to the Washington State quality award program for an independent
assessment of its quality management, accountability, and performance system, once every three
years.
Cities and counties are exempt from these requirements until 2018 unless they are receiving more
than $3.5 million annually from the sources cited above. [See 43.185C.210 (5) (a) and
RCW43.185C.240(1)(b).]
For more information about WSQA visit their website at www.performanceexcellencenw.org.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The terms "subgrantee/subcontractor" refers to any tier.
H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Grantee's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA" 28 CFR Part 35
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Grantee 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 telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE,-
2.
OMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request,
the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Grant
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Grantee shall make the changes within the time period specified
by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
10. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the
CONTRACTOR in the procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the Commerce program
administering this Grant, including but not limited to formulating or drafting the legislation,
participating in grant procurement planning and execution, awarding grants, and monitoring grants,
0
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
during the 24 month period preceding the start date of this Grant. Identify the individual by name, the
agency previously or currently employed by, job title or position held, and separation date. If it is
determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from
further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the Grantee as it could pursue in the event of a breach of the contract by
the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this contract.
11. COPYRIGHT
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
12. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
13. DUPLICATE PAYMENT
COMMERCE shall not pay the Grantee, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
14. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
15. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agencts, employees, representatives, or any subgrantee/subcontractor or its employees.
The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform
the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
16. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Grant. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
17. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
under this Contract, and transmit the deducted amount to the Department of Labor and Industries,
(L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from
the Grantee.
18. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
0
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
19. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
20. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
grants with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set
forth herein.
22. PAY EQUITY
The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
Grantee may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Grantee is not in compliance with this provision.
23. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
24. PUBLICITY
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
25. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
26. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grant.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
27. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
28. RIGHT OF INSPECTION
The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
29. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions.
30. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
31. SITE SECURITY
While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in
all respects with physical, fire or other security policies or regulations.
10
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
32. SUBGRANTING/SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or
(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor
to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to
release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the
Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
33. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
34. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
35. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
36. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
11
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
37. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated. The provisions of the 'Treatment
of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant.
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice,-
2.
otice;2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and
subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause,-
5.
lause;5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the Grant had been completed, would
have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
7. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which COMMERCE has or may acquire an interest.
38. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property
by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this Grant
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Su bgrantees/Subcontractors.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
13
Attachment A
Scope of Work
Grantee shall commit to funding and oversight of an emergency shelter for families with children
experiencing homelessness.
Allowable Expenses
Facility Support Costs
✓ Lease or rent payment on a building used to provide temporary housing.
✓ Utilities (gas /propane, phone, electric, internet, water and sewer, garbage removal).
✓ Maintenance (janitorial/cleaning supplies, pest control, fire safety, materials and contract or staff
maintenance salaries and benefits associated with providing the maintenance, mileage for
maintenance staff).
✓ Security and janitorial (salaries and benefits associated with providing security, janitorial
services).
✓ Essential facility equipment and supplies (e.g. common -use toiletries, food served in shelters,
bedding, mats, cots, towels, microwave, etc.)
✓ Expendable transportation costs directly related to the transportation of eligible households (bus
tokens and fuel for a shelter van).
✓ On-site and off-site management costs related to the building.
✓ Facility specific insurance (mortgage insurance is not allowable) and accounting.
✓ Costs for securing permanent housing including: application fees, background check fees, credit
check fees, utility deposits, and costs of urinalyses for drug testing of household members if
necessary/required for housing.
✓ Other expenses as approved by Commerce.
Program Operations
✓ Salaries and benefits for program staff.
✓ Office space, utilities, supplies, equipment (up to $1,500 per grant period unless approved in
advance by Commerce), telephone, internet, and training/conferences/travel and per diem.
✓ Intake and assessment, including time spent assessing a household, whether or not the
household is determined eligible.
✓ Housing Stability Services. This includes developing an individualized housing and service plan,
monitoring and evaluating household progress, identifying creative and immediate housing
solutions outside of the traditional homeless service system (diversion), SSI/SSDI Outreach,
Access, and Recovery (SOAR), and assuring that households' rights are protected.
✓ Housing Search and Placement Services. This includes services or activities designed to assist
households in locating, obtaining, and retaining suitable housing, tenant counseling, assisting
households to understand leases, inspections, securing utilities, making moving arrangements,
and representative payee services concerning rent and utilities.
✓ Mediation and outreach to property owners/landlords related to locating or retaining housing
(landlord incentives).
✓ Outreach services.
✓ Optional support services for individuals in permanent supportive housing, including case
management and connections to resources.
✓ Data collection and entry.
✓ General liability insurance and automobile insurance.
✓ Other costs as approved in advance by Commerce.
14
Attachment A
Administration
✓ Executive director/accounting/human resources/IT salaries, benefits
✓ General organization insurance
✓ Organization wide audits
✓ Board expenses
✓ Organization -wide membership fees and dues
✓ Washington State Quality Award (WSQA) expenses
✓ General agency facilities costs (including those associated with executive positions) such as rent,
depreciation expenses, and operations and maintenance.
Ineligible Expenses
• Replacement or operating reserves.
• Debt service.
0 Construction or rehabilitation of shelter facilities.
0 CHG facility support in combination with CHG funded rent and rent/utility assistance.
• Mortgage payment for the facility.
15
Attachment B
Budget
SFY 2019 July 1, 2018 - June 30, 2019
Facility Support
Program Operations
$91,500.00
Administration (cannot be over 15% of grant total)
$8,500.00
Grant Total
$100,000.00
16
Department of Commerce
Guidelines
FOR THE
Consolidated Homeless Grant
July 1, 2017 —June 30, 2019
Version 4
Revised March 2018
Contents
1 Grant Basics..........................................................................................................................................6
1.1
Overview............................................................................................................................................... 6
1.2
Authorizing Statute and Fund Sources.................................................................................................
6
2 Administrative Requirements of lead Grantees.....................................................................................7
2.1
Homeless System Responsibilities........................................................................................................
7
2.1.1
Prioritize Unsheltered Homeless Households..................................................................................
7
2.1.2
System Wide Performance Requirements........................................................................................
7
2.1.3
Low Barrier Housing Project.............................................................................................................
7
2.1.4
Coordinated Entry System................................................................................................................
8
2.1.5
Reporting Requirements...................................................................................................................
8
2.1.6
Training.............................................................................................................................................
9
2.2
Interested Landlord List........................................................................................................................
9
2.3
Outreach to Landlords..........................................................................................................................
9
2.4
Grant Management..............................................................................................................................
9
2.4.1
Changes to Guidelines......................................................................................................................
9
2.4.2
Commerce Monitoring......................................................................................................................
9
2.4.3
Subgrantee Requirements..............................................................................................................
10
2.5
Fiscal Administration..........................................................................................................................
10
2.5.1
Budget Caps....................................................................................................................................
10
2.5.2
For -Profit Budget Categories and Documentation.........................................................................
11
2.5.3
Reimbursements.............................................................................................................................11
2.5.4
Budget Revisions.............................................................................................................................
11
3 Allowable
Interventions......................................................................................................................12
3.1
Temporary Housing Interventions......................................................................................................
12
3.1.1
Emergency Shelter..........................................................................................................................
12
3.1.2
Transitional Housing.......................................................................................................................
12
3.2
Permanent Housing Interventions.....................................................................................................
12
3.2.1
Targeted Prevention.......................................................................................................................
12
3.2.2
Rapid Re-Housing............................................................................................................................
12
3.2.3
Permanent Supportive Housing......................................................................................................
12
3.3
Services Only Interventions................................................................................................................
13
3.3.1
Outreach.........................................................................................................................................
13
Page 1 2
4 Household Eligibility............................................................................................................................14
4.1
Housing Status Eligibility.....................................................................................................................
14
4.1.1
Homeless.........................................................................................................................................14
4.1.2
At Imminent Risk of Homelessness.................................................................................................
15
4.2
Documentation of Housing Status.....................................................................................................
15
4.3
Income Eligibility.................................................................................................................................
15
4.3.1
Income Eligibility Exemptions.........................................................................................................
15
4.4
Documentation of Income Eligibility..................................................................................................
16
4.4.1
Annualizing Wages and Periodic Payments....................................................................................
16
4.4.2
Documentation of HEN Referral, General Assistance Enrollment (ABD Recipient) or TANF
Enrollment.....................................................................................................................................................
17
4.5
Eligibility Recertification.....................................................................................................................
17
4.5.1
Income Ineligible at Recertification................................................................................................
17
4.6
Additional Eligibility Requirements for Permanent Supportive Housing ...........................................
17
4.6.1
Documentation of a Disability........................................................................................................
18
4.6.2
Maintaining Homeless Status for Permanent Housing...................................................................
18
5 Allowable
Expenses.............................................................................................................................19
5.1
Rent.....................................................................................................................................................
19
5.1.1
Rent Payments................................................................................................................................
19
5.1.2
Other Housing Costs.......................................................................................................................
19
5.1.3
Special Circumstances.....................................................................................................................
20
5.1.4
Ineligible Expenses..........................................................................................................................
20
5.2
Facility Support (not an allowable expense for HEN or TANF)...........................................................
20
5.2.1
Lease Payments..............................................................................................................................
20
5.2.2
Other Facility Costs.........................................................................................................................
20
5.2.3
Ineligible Expenses..........................................................................................................................
21
5.2.4
Maintenance Activities vs. Building Rehabilitation........................................................................
21
5.3
Operations..........................................................................................................................................21
5.3.1
Homeless Crisis Response System Expenses..................................................................................
21
5.3.2
Program Expenses...........................................................................................................................
22
5.3.3
Flexible Funding..............................................................................................................................
22
5.4
Administration....................................................................................................................................23
6 Requirements
of all Lead Grantees and Subgrantees Providing Direct Service......................................24
6.1
Service Delivery..................................................................................................................................
24
6.1.1
Access to Homeless Housing Assistance.........................................................................................
24
6.1.2
Voluntary Services..........................................................................................................................
24
Page 13
6.1.3
Progressive Engagement.................................................................................................................
24
6.1.4
Assessment and Housing Stability Planning...................................................................................
24
6.2
HMIS...................................................................................................................................................
25
6.2.1
Data Timeliness...............................................................................................................................
25
6.2.2
Data Quality....................................................................................................................................
25
6.2.3
Consent for Entry of Personally Identifying Information...............................................................
25
6.3
Habitability..........................................................................................................................................26
6.3.1
For Rent Assistance.........................................................................................................................
26
6.3.2
For Facilities....................................................................................................................................
27
6.4
Lead Based Paint Assessment.............................................................................................................
27
6.4.1
For Rent Assistance.........................................................................................................................
27
6.4.2
For Facilities....................................................................................................................................
27
6.4.3
Exceptions to the Lead -Based Paint Visual Assessment Requirement ...........................................
27
6.5
Additional Requirements....................................................................................................................
28
6.5.1
Ineligible Use of Funds....................................................................................................................
28
6.5.2
Grievance Procedure......................................................................................................................
28
6.5.3
Termination and Denial of Service Policy.......................................................................................
28
6.5.4
Records Maintenance and Destruction..........................................................................................
28
6.5.5
Client File Check List........................................................................................................................
28
6.5.6
Consent to Review Information in the Benefits Verification System .............................................
28
6.5.7
Prohibitions.....................................................................................................................................28
6.5.8
Nondiscrimination...........................................................................................................................29
7 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance .......................30
7.1
Washington Residential Landlord -Tenant Act....................................................................................
30
7.2
Rental Agreements.............................................................................................................................
30
7.2.1
Intent to Rent..................................................................................................................................
30
7.2.2
Lease...............................................................................................................................................
30
7.2.3
Certification of Payment Obligation...............................................................................................
30
7.3
Targeted Prevention...........................................................................................................................
31
7.4
Rent Limit............................................................................................................................................
31
7.5
Determining Rent Subsidy..................................................................................................................
31
8 Appendices.........................................................................................................................................32
8.1
Appendix A: Required Forms..............................................................................................................
32
8.2
Appendix B: Required Policies and Procedures..................................................................................
33
8.3
Appendix C: Client File Documentation..............................................................................................
34
8.4
Appendix D: Performance Measurements.........................................................................................
35
Page 1 4
8.4.1
8.4.2
8.5
8.6
8.7
8.8
8.9
Page 1 5
UnshelteredPrioritization............................................................................................................... 35
System Wide Performance Requirements...................................................................................... 36
Appendix E: Documentation of Housing Status................................................................................. 40
Appendix F: Examples of Maintenance Activities.............................................................................. 41
Appendix G: Agency Partner HMIS Agreement.................................................................................. 42
Appendix H: Lead -Based Paint Visual Assessment Requirements..................................................... 48
Appendix I: Benefits Verification System Data Security Requirements ............................................. 50
1 Grant Basics
1.1 Overview
The Consolidated Homeless Grant (CHG) provides resources to fund homeless crisis response
systems to support communities in ending homelessness. Homeless crisis response systems
respond to the immediacy and urgency of homelessness and make sure that everyone has a safe
and appropriate place to live. The vision, principles and goals set forth in the State Homeless
Strategic Plan guide the management and implementation of CHG.
The State Homeless Housing Strategic Plan and Annual Report of the Homeless Grant Programs are
located on the Department of Commerce website.
1.2 Authorizing Statute and Fund Sources
Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds.
Page 1 6
2 Administrative Requirements of Lead Grantees
2.1 Homeless System Responsibilities
2.1.1 Prioritize Unsheltered Homeless Households
Homeless crisis response systems must prioritize unsheltered homeless households for services and
programs. For more details, see Appendix D: Performance Measurements and the CHG Scope of Work.
2.1.2 System Wide Performance Requirements
System wide performance measures and targets specific to intervention type (H MIS project type) are
outlined in Appendix D: Performance Measurements. Homeless crisis response systems must meet or
demonstrate progress towards the targets of locally identified performance measures. For more
details, see Appendix D: Performance Measurements and the CHG Scope of Work.
2.1.3 Low Barrier Housing Project
By July 2018, each county must have at least one low barrier project' serving homeless adults and at
least one low barrier project serving homeless households with children.
All homeless housing projects adhere to state and federal anti -discrimination laws:
✓ All projects ensure equal access for people experiencing homelessness regardless of race,
national origin, gender identity, sexual orientation, marital status, age, veteran or military
status, disability, or the use of an assistance animal.
✓ Projects designed to serve families with children experiencing homelessness ensure equal
access regardless of family composition and regardless of the age of a minor child.
✓ Projects that operate gender segregated facilities allow the use of facilities consistent with the
person's gender expression or identity.
2.1.3.1 Intake & Project Eligibility
Low barrier projects have flexible intake schedules and require minimal documentation. At the
minimum, homeless households are not screened out based on the following criteria:
✓ Having too little or no income
✓ Having poor credit or financial history
✓ Having poor or lack of rental history
✓ Having involvement with the criminal justice system
✓ Having active or a history of alcohol and/or substance use
✓ Having a history of victimization
✓ The type or extent of disability -related services or supports that are needed
✓ Lacking ID or proof of U.S. Residency Status
✓ Other behaviors that are perceived as indicating a lack of "housing readiness," including
resistance to receiving services
2.1.3.2 Project Participation
Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on
1 Project types that can meet this requirement: Emergency Shelter, Transitional Housing, PH: Rapid Re -Housing, PH: Housing with
Services (no disability requirement), and PH: Housing Only. Projects that operate seasonally do not meet this requirement.
Page 1 7
maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have
work or volunteer requirements. Projects that require households to pay a share of rent allow
reasonable flexibility in payment.
Households are not terminated from the project for the following reasons:
✓ Failure to participate in supportive services or treatment programs
✓ Failure to make progress on a housing stability plan
✓ Alcohol and/or substance use in and of itself is not considered a reason for termination
2.1.4 Coordinated Entry System
Each county must maintain a coordinated entry system (CES). Refer to the Washington State
Coordinated Entry Guidelines for requirements.
2.1.5 Reporting Requirements
Lead grantees are responsible for submitting the following:
2.1.5.1 Local Homeless Housing Plan
Lead grantees must submit an updated county Local Homeless Housing Plan to Commerce at least
every five years. Local plans must include performance goals and strategies. Performance in meeting
the goals of the local plan should be assessed annually. Information from the Annual Homeless Housing
County Inventory and Expenditure Report and the Annual Point in Time Count should help inform the
local plan.
At a minimum, local plans should:
✓ Connect the needs of people experiencing homelessness, the current and future housing
inventory, available resources, and community goals and priorities.
✓ Describe system and/or program inventory (both housing and services only) changes and its
quantitative impact on reducing homelessness. Describe the costs of the associated with these
changes.
✓ Describe implementation dates and names of responsible parties.
Participants involved in development of local plans should include representation of a person who has
experienced homelessness, and all homeless housing providers including emergency shelters, outreach
teams, transitional and permanent supportive housing agencies. Behavioral health and chemical
dependency service providers, school liaisons and local jail administrators should also be included.
Counties are encouraged to engage local DSHS community service offices, community colleges, public
health, and local employment partners.
2.1.5.2 Annual County Expenditure Report
Lead grantees must submit an Annual County Expenditure Report to Commerce.
Commerce will annually score Annual County Expenditure Report data quality. This score will be
reported on the Homeless System Performance Report Card.
Grantees should work to increase their Annual County Expenditure Report data quality. Beginning July
2019, grantees must increase their data quality from their 2018 Report Card baseline.
Page 18
2.1.5.3 Point -in -Time Count
Lead grantees must ensure the collection and reporting of the annual Point -in -Time Count of sheltered
and unsheltered homeless persons for their county is in accordance with the Commerce Count
Guidelines, which are posted at http://www.commerce.wa.gov/serving-
communities/homelessness/annual-point-time-count/.
2.1.5.4 Essential Needs Report
Lead grantees must submit an HEN Essential Needs Report at the end of each state fiscal year, which is
a count of the total instances of Essential Needs services.
2.1.6 Training
Lead/subgrantee staff that provide direct services and supervise staff who provide direct services and
manage homeless grants should receive training and demonstrate competency in, at a minimum:
✓ Trauma Informed Services
✓ Mental Health First Aid
✓ Harm Reduction
✓ Supporting victims of domestic violence
✓ Local coordinated entry policies and procedures
✓ Fair Housing
In addition, Lead/subgrantee staff are highly encouraged to attend the annual Washington State
Conference on Ending Homelessness.
Costs to attend trainings are an eligible program expense (see Section 5.3 Operations).
Commerce will be providing free regional Trauma Informed Services and Mental Health First Aid
training through June 2019.
12.2 Interested Landlord List
Lead grantees are responsible for ensuring that an interested landlord list is created and maintained.
The interested landlord list must include information on rental properties (including buildings with
fewer than 50 units). The list must be updated at least once per quarter, and distributed to households
seeking assistance and homeless housing providers within the county. See RCW 43.185c.240. Creation
and maintenance of the list may be delegated to another entity.
[2.3 Outreach to Landlords
Lead grantees are responsible for ensuring that outreach to private rental housing landlords is
conducted and documented at least quarterly. Outreach to private landlords includes information
about opportunities to provide rental housing to people experiencing homelessness. See RCW
43.185c.240. Outreach and documentation may be delegated to another entity.
Grant Management
2.4.1 Changes to Guidelines
Commerce may revise the guidelines at any time. All lead grantees will be sent revised copies. Lead
grantees are responsible for sending revisions to subgrantees in a timely manner.
2.4.2 Commerce Monitoring
Commerce will monitor lead grantees' CHG grant activities, including coordinated entry. Lead grantees
Page 1 9
will be given a minimum of 30 days' notice unless there are special circumstances that require
immediate attention. The notice will specify the monitoring components.
2.4.3 Subgrantee Requirements
The CHG Grant General Terms & Conditions Section 32 identifies subgrantee requirements. In addition,
all subgrantee agreements must be time-limited and have defined roles and responsibilities for each
party, detailed budgets and performance terms. Commerce reserves the right to directly contact
subgrantees at any time for data quality, monitoring, fiscal and other issues.
Lead grantees may enter into an agreement with any other local government, Council of Governments,
Housing Authority, Community Action Agency, nonprofit community or neighborhood -based
organization, federally recognized Indian tribe in the state of Washington, or regional or statewide
nonprofit housing assistance organizations who operate programs to end homelessness within a
defined service area.
Lead grantees must provide Commerce with copies of subgrant agreements (upon request) and notify
Commerce if subgrants are terminated during the grant period.
Lead grantees must notify Commerce of any changes in selection of subgrantees funded with CHG, or
changes in the interventions of those subgrantees.
2.4.3.1 Subgrantee Risk Assessment and Monitoring
Lead grantees are responsible for ensuring subgrantee compliance with all requirements identified in
the CHG guidelines. The lead grantee must conduct a risk assessment and develop a monitoring plan
for each subgrantee within six months of contracting CHG funds to the subgrantee. The risk
assessment must inform the monitoring plan for each subgrantee. Monitoring plans must include
monitoring dates, the type of monitoring (remote, on-site), and the program requirements being
reviewed.
The lead grantee must maintain policies and procedures that guide the risk assessment, monitoring
activities, and monitoring frequency.
Commerce reserves the right to require lead grantees to undertake special reviews when an audit or
other emerging issue demands prompt intervention and/or investigation.
2.4.3.2 Subgrantee Performance Requirements
Locally developed performance measures and benchmarks specific to intervention type (HMIS project
type), as outlined in the Scope of Work, must be included in subgrantee agreements. However,
benchmarks may be customized for each subgrantee or funded project, based on facility type, past
performance or other variables. Subgrantee agreements should include how frequently progress will
be measured and the consequences for not meeting performance benchmarks.
�2.5 Fiscal Administration
2.5.1 Budget Caps
✓ For -Profit Set Aside - At least 36 percent of the non -HEN CHG funds must be budgeted and
spent on rent/lease payments to private for-profit entities.
✓ Administration - up to 15 percent of total non -HEN reimbursed costs may be used for
administration.
Page 1 10
✓ HEN Administration - up to 7 percent of total HEN reimbursed costs may be used for HEN
administration.
✓ Temporary Assistance for Needy Families (TANF) households -the sum of TANF household
budget categories must always be equal to the original TANF household allocation.
✓ HEN Households - the sum of HEN household budget categories must always be equal to the
original HEN household allocation.
2.5.2 For -Profit Budget Categories and Documentation
✓ Expenses for non-profit, for-profit, and government ownership of properties is determined by
the tax status of the entity that owns the property and are therefore billed according.
✓ Non -HEN rent payments made to for-profit entities must have the following documentation of
ownership status on file (does not necessarily have to be in the client file):
• Copy of lease/rental agreement
• Proof of payment
• Proof of ownership, in order of preference: For -Profit Certification Form signed by landlord
OR Print out from county parcel website OR case note documenting oral verification from
county assessor's office
• Print-out from IRS non-profit search, if applicable
2.5.3 Reimbursements
Lead grantees must bill Commerce monthly for reimbursement of allowable costs. Invoices are due on
the 20th of the month following the provision of services. Final invoices for a biennium may be due
sooner than the 20th. If the lead grantee fails to submit an invoice within a three-month period,
without a reasonable explanation, Commerce may take corrective action as outlined in the CHG grant
Scope of Work. Exceptions to billing procedures can be negotiated with Commerce on a case-by-case
basis.
Invoices must be submitted online using the Commerce Contract Management System (CMS) through
Secure Access Washington (SAW).
2.5.3.1 Back-up Documentation
All submitted invoices must include the CHG Voucher Detail Worksheet (if grantee has subgrantees)
and the required HMIS reports. Invoices may not be paid until the report(s) are received and verified.
Commerce may require a lead grantee to submit additional documentation. Lead grantees must retain
original invoices submitted by their subgrantees.
2.5.4 Budget Revisions
Revisions must be submitted using the Budget Revision Tool and approved by Commerce. Budget Caps
must be maintained with each revision.
A contract amendment is required when revisions (in one or cumulative transfers) reach more than 10
percent of the grant total.
Page 1 11
13 Allowable Interventions
13.1 Temporary Housing Interventions
Temporary housing interventions are those in which the household must leave the shelter or unit at
the end of their program participation. Households are considered homeless while enrolled in
temporary housing interventions.
3.1.1 Emergency Shelter
Emergency shelter provides short-terM2 temporary shelter (lodging) for those experiencing
homelessness. Emergency Shelters can be facility -based, or hotel/motel voucher.
3.1.1.1 Drop-in Shelter
Drop-in Shelters offer night -by -night living arrangements that allow households to enter and exit on an
irregular or daily basis.
3.1.1.2 Continuous -stay Shelter
Continuous -stay Shelters offer living arrangements where households have a room or bed assigned to
them throughout the duration of their stay.
3.1.2 Transitional Housing
Transitional housing is subsidized, facility -based housing that is designed to provide long-term3
temporary housing and to move households experiencing homelessness into permanent housing.
13.2 Permanent Housing Interventions
Permanent housing is housing in which the household may stay as long as they meet the basic
obligations of tenancy.
3.2.1 Targeted Prevention
Targeted Prevention resolves imminent homelessness with housing -focused case management and
temporary rent subsidies.
3.2.2 Rapid Re -Housing
Rapid Re -Housing (RRH) quickly moves households from homelessness into permanent housing by
providing move in assistance, temporary rent subsidies, and housing -focused case management.
3.2.3 Permanent Supportive Housing
Permanent Supportive Housing (PSH) is subsidized, non -time-limited housing with support services for
homeless households that include a household member with a permanent disability. Support services
must be made available but participation is voluntary. PSH may be provided as a rent assistance
(scattered site) or facility -based model. The services and the housing are available permanently.
z Emergency Shelter programs are typically designed and intended to provide temporary shelter for short- term stays: up to three
months. Clients are not required to exit after 90 days.
3 Transitional Housing programs are typically designed and intended to provide temporary housing for long-term stays: up to two
years.
Page 1 12
1 3.3 Services Only Interventions
3.3.1 Outreach
Street outreach is a strategy for engaging people experiencing homelessness who are otherwise not
accessing services for the purpose of connecting them with emergency shelter, housing, or other
critical services.
Page 1 13
4 Household Eligibility
A household is one or more individuals seeking to obtain or maintain housing together. The entire
household must be considered for eligibility determination and services. A household does not
include friends or family that are providing temporary housing.
Eligible households must meet both housing status and income requirements as detailed in the
following sections.
Housing Status I
Homeless
AND
At imminent risk of
homelessness
4.1 Housing Status Eligibility
4.1.1 Homeless
Income
At or below 30%
area median income
HEN Referral or General
Assistance enrolled (ABD
recipient)
Me
TANF enrolled
Households are homeless if they are unsheltered or residing in a temporary housing program, as
defined below.
4.1.1.1 Unsheltered Homeless:
✓ Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping
accommodation for human beings, including a vehicle, park, abandoned building, bus or train
station, airport, or campground.
✓ Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human
trafficking, or other dangerous or life-threatening conditions that relate to violence against the
household member(s), including children, that have either taken place within the household's
primary nighttime residence or has made the household member(s) afraid to return to their
primary nighttime residence.
4.1.1.2 Sheltered Homeless:
✓ Residing in a temporary housing program including shelters, transitional or interim housing, and
hotels and motels paid for by charitable organizations or government programs.
✓ Exiting a system of care or institution where they resided for 90 days or less AND who resided in
an emergency shelter or place not meant for human habitation immediately before entering
that system of care or institution.
✓ Residing in a trailer or recreational vehicle that is parked illegally or in a location that is not
intended for long-term stays (i.e. parking lots).
Page 1 14
4.1.2 At Imminent Risk of Homelessness
Households are at imminent risk of homelessness if they will lose their primary nighttime residence
(including systems of care or institutions) within 14 days of the date of application for assistance, AND
no subsequent residence has been identified, AND the household lacks the resources or support
networks needed to obtain other permanent housing.
4.2 Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. See
Appendix E: Documentation of Housing Status.
Households entering emergency shelter are exempt from housing status requirements.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
4.3 Income Eligibility
The combined household income must not exceed 30 percent of area median gross income as defined
by HUD. Income limits are based on Area Median Income (AMI) which can be located for each county
at: www.huduser.gov (Data Sets, Income Limits).
Income is money that is paid to, or on behalf of, any household member. Income includes the current
gross income (annualized) of all adult (18 years and older) household members and unearned income
attributable to a minor. Income eligibility determinations are based on the household's income at
program entry. Income inclusions and exclusions are listed in the Electronic Code of Federal
Regulations, www.ecfr.gov, Title 24 — Housing and Urban Development: Subtitle A 0-99: Part 5: Subpart
F: Section 5.609 Annual Income.
Gross Income is the amount of income earned before any deductions (such as taxes and health
insurance premiums) are made.
Current Income is the income that the household is currently receiving. Income recently terminated
should not be included.
4.3.1 Income Eligibility Exemptions
Income eligibility verification is never required for Drop-in Shelter or for households receiving only Flex
Funding.
The following are exempt from income eligibility requirements for the first 90 days of program
participation:
✓ Households entering Transitional Housing
✓ Households entering a Rapid Re -Housing program
✓ Households entering a Continuous -stay Shelter
For HEN and TANF household income eligibility, see the following:
Assistance for HEN households: In place of income verification, the HEN Referral or General Assistance
enrollment (ABD recipient) from the Washington State Department of Social and Health Services
Page 1 15
(DSHS) as documented in the Benefits Verification System (BVS) is required.
Assistance for TANF households: In place of income verification, proof of TANF enrollment from DSHS
is required.
INCOME ELIGIBILITY REQUIREMENTS
Temporary Housing Interventions
Enrollment
Recertification
Drop-in Shelter
None
None
Continuous -stay Shelter
None
At or below 30% AMI
Transitional Housing
None
At or below 30% AMI
Permanent Housing Interventions
CHG Rapid Re -Housing
None
At or below 30% AMI
CHG Targeted Prevention
At or below 30% AMI
At or below 30% AMI
TANF Rapid Re -Housing and Targeted
TANF Enrollment
TANF Enrollment
Prevention
DSHS HEN Referral or
DSHS HEN Referral or
HEN Rapid Re -Housing and Targeted
General Assistance
General Assistance
Prevention
enrolled (ABD
enrolled (ABD
recipient)
recipient)
At or below 30% AMI
and a household
Permanent Supportive Housing
member with a
None
permanent disability
4.4 Documentation of Income Eligibility
Lead/subgrantees must verify and document income eligibility prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form, all allowable income
documentation, and the CHG Income Eligibility Worksheet (or equivalent) must be kept in the client
file. Documentation must be dated within 30 days.
Adult household members that have no income are required to complete a CHG Self -Declaration Form.
4.4.1 Annualizing Wages and Periodic Payments
Use the CHG Income Eligibility Worksheet (or equivalent) to calculate income based on hourly, weekly,
or monthly payment information. Add the gross amount earned in each payment period that is
documented and divide by the number of payment periods. This provides an average wage per
payment period. Depending the schedule of payments, use the following calculations convert the
average wage into annual income:
Page 1 16
✓ Hourly wage multiplied by hours worked per week multiplied by 52 weeks.
✓ Weekly wage multiplied by 52 weeks.
✓ Bi -weekly (every other week) wage multiplied by 26 bi-weekly periods.
✓ Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods.
✓ Monthly wage multiplied by 12 months.
The CHG Income Eligibility Worksheet is not required for households that have no income.
4.4.2 Documentation of HEN Referral, General Assistance Enrollment (ABD Recipient) or TANF Enrollment
Lead/subgrantees must verify and document HEN Referral, General Assistance enrollment (ABD
recipient) or TANF enrollment prior to program entry.
Assistance for HEN households: The HEN Referral or General Assistance enrollment (ABD recipient)
from the Washington State Department of Social and Health Services (DSHS) is required and must be
kept in the client file.
Assistance for TANF households: Proof of TANF enrollment from DSHS is required and must be kept in
the client file.
4.5 Eligibility Recertification
Lead/subgrantees must document recertification of household income eligibility at least every three
months using the Consolidated Homeless Grant Verification of Household Eligibility and Income
Recertification Form. For HEN and TANF household recertification, see the following:
Assistance for HEN households: In place of income, recertification of the HEN Referral or General
Assistance enrollment (ABD recipient) from DSHS as documented in the Benefits Verification System
(BVS) is required at least every three months and must be kept in the client file.
Assistance for TANF households: In place of income, recertification of TANF enrollment from DSHS is
required at least every three months and must be kept in the client file.
4.5.1 Income Ineligible at Recertification
If households are determined income ineligible, they may remain in the program for an additional
three months. Case management may continue for an additional six months after the determination of
income ineligibility to support the household transition to self-sufficiency.
If the household is no longer eligible for the HEN program, the three additional months of rent
assistance cannot be charged to HEN but may be charged to the CHG base funding.
If the household is no longer enrolled in TANF, the three additional months of rent assistance can be
charged to the TANF budget or the CHG base funding.
4.6 Additional Eligibility Requirements for Permanent Supportive Housing
To be eligible for permanent supportive housing, a household must be homeless AND include at least
one household member who has a disability that is expected to be long -continuing or of indefinite
duration and substantially impedes the household member's ability to live independently.
Disability includes: a physical, developmental, mental, or emotional impairment, including impairment
caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury. A person will also be
Page 1 17
considered to have a disability if he or she has Acquired Immune Deficiency Syndrome (AIDS) or any
conditions arising from the etiologic agent for 86 Acquired Immune Deficiency Syndrome, including
infection with the Human Immunodeficiency Virus (HIV).
4.6.1 Documentation of a Disability
Lead/subgrantees must verify and document the disability prior to program entry. Acceptable
documentation of the disability must include one the following:
✓ Written verification of the disability from a professional licensed by the state to diagnose and
treat the disability and his or her certification that the disability is expected to be long
continuing or of indefinite duration and substantially impedes the individual's ability to live
independently.
✓ Written verification from the Social Security Administration.
✓ Disability check receipt (Social Security Disability Insurance check or Veteran Disability
Compensation).
✓ Other documentation approved by Commerce.
If unable to document disability at program entry with the above methods, program staff must record
observation of disability. Required documentation (above) must be obtained within 45 days of program
enrollment.
4.6.2 Maintaining Homeless Status for Permanent Housing
While receiving Rapid Re -Housing assistance, households maintain their homeless status for purposes
of eligibility for other permanent housing placements.
Page 1 18
5 Allowable Expenses
5.1 Rent
Rent Payments and Other Housing Costs must be paid directly to a third party on behalf of the
household.
5.1.1 Rent Payments4
✓ Monthly rent and any combination of first and last months' rent. Rent may only be paid one
month at a time, although rental arrears, pro -rated rent, and last month's rent may be included
with the first month's payment.
• Monthly rent is not time-limited for HEN households or households in a PSH program.
• For all other households and programs, rent assistance is limited to 24 months per
episode.
✓ Rental arrears and associated late fees for up to three months. Rental arrears may be paid if the
payment enables the household to obtain or maintain permanent housing. If funds are used to
pay rental arrears, arrears must be included in determining the total period of the household's
rental assistance.
• Rental arrears for HEN or TANF enrolled clients can be paid for a time period when the
client was not HEN or TANF enrolled.
✓ Lot rent for RV or manufactured home.
✓ Costs of parking spaces when connected to a unit.
✓ Incentives paid to landlords, including reimbursement for damages.
✓ Security deposits for households moving into new units.
✓ Hotel/Motel expenses are allowable when a hotel/motel unit is used as emergency shelter OR
when a hotel/motel unit is used as permanent housing.
✓ Utilities which are included in rent.
5.1.2 Other Housing Costs
✓ Utility payments for households also receiving rental assistance.
✓ Utility arrears (see utility -only assistance below) for up to three months. Utility arrears may be
paid if the payment enables the household to obtain or maintain permanent housing. If funds
are used to pay utility arrears, arrears must be included in determining the total period of the
household's financial assistance.
✓ Utility -only assistance (including arrears) can be provided when no other utility assistance, such
as LIHEAP, is available to prevent a shut-off, and documented using the Utility -Only Assistance
Form.
✓ Utility deposits for a household moving into a new unit.
✓ Application fees, background, credit check fees, and costs of urinalyses for drug testing of
° Non -HEN rent payments made to for-profit entities must have the following documentation of ownership status on file (does not
necessarily have to be in the client file):
• Copy of lease/rental agreement
• Proof of payment
• Proof of ownership, in order of preference: For -Profit Certification Form signed by landlord OR Print out from county
parcel website OR case note documenting oral verification from county assessor's office Print-out from IRS non-profit
search, if applicable
Page 1 19
household members if necessary/required for rental housing.
✓ Other costs as approved by Commerce.
5.1.3 Special Circumstances
✓ Master -lease: Security deposit and monthly rent is allowable when an organization master -
leases a unit, and then sub -leases the property to CHG eligible households in the context of a
Rapid Re -Housing or Permanent Supportive Housing program.
✓ Temporary absence: If a household must be temporarily away from the unit, but is expected to
return (such as temporary incarceration, hospitalization, or residential treatment),
lead/subgrantees may pay for the household's rent for up to 60 days and charge the grant for
eligible costs. While a household is temporarily absent, he or she may continue to receive case
management. Any temporary absence must be documented in the client file.
✓ Subsidized housing: CHG rent/utility assistance may be used for move -in costs (security
deposits, first and last month's rent)for subsidized housing (where household's rent is adjusted
based on income), including project- or tenant -based housing.s CHG may also be used for rental
arrears or utility arrears for subsidized housing.
5.1.4 Ineligible Expenses
❑x Ongoing rent/utilities for subsidized housing.
❑x CHG rent and rent/utility assistance in combination with CHG-funded facility support.
❑x Phone, cable, satellite or internet deposits or services.
❑x Mortgage assistance and utility assistance for homeowners.
5.2 Facility Support (not an allowable expense for HEN or TANF)
5.2.1 Lease Payments6
✓ Lease or rent payment on a building used to provide temporary housing or permanent
supportive housing.
✓ Hotel/Motel expenses for less than 90 days when no suitable shelter bed is available.
✓ Move -in costs (security deposits, first and last month's rent) for permanent housing.
5.2.2 Other Facility Costs
✓ Utilities (gas /propane, phone, electric, internet, water and sewer, garbage removal).
✓ Maintenance (janitorial/cleaning supplies, pest control, fire safety, materials and contract or
staff maintenance salaries and benefits associated with providing the maintenance, mileage for
maintenance staff).
✓ Security and janitorial (salaries and benefits associated with providing security, janitorial
services).
✓ Essential facility equipment and supplies (e.g. common -use toiletries, food served in shelters,
bedding, mats, cots, towels, microwave, etc.)
5 In this context tax credit units are not considered subsidized housing.
6 Non -HEN rent payments made to for-profit entities must have the following documentation of ownership status on file (does not
necessarily have to be in the client file):
• Copy of lease/rental agreement
• Proof of payment
• Proof of ownership, in order of preference: For -Profit Certification Form signed by landlord OR print out from county
parcel website OR case note documenting oral verification from county assessor's office
• Print-out from IRS non-profit search, if applicable
Page 1 20
✓ Expendable transportation costs directly related to the transportation of eligible households
(bus tokens and fuel for a shelter van).
✓ On-site and off-site management costs related to the building.
✓ Facility specific insurance (mortgage insurance is not allowable) and accounting.
✓ Costs for securing permanent housing including: application fees, background check fees, credit
check fees, utility deposits, and costs of urinalyses for drug testing of household members if
necessary/required for housing.
✓ Other expenses as approved by Commerce.
5.2.3 Ineligible Expenses
❑X Replacement or operating reserves.
Z Debt service.
0 Construction or rehabilitation of shelter facilities.
0 CHG facility support in combination with CHG funded rent and rent/utility assistance.
0 Mortgage payment for the facility.
5.2.4 Maintenance Activities vs. Building Rehabilitation
Building maintenance is an allowable facility support expenses.
Maintenance activities include cleaning activities; protective or preventative measures to keep a
building, its systems, and its grounds in working order; and replacement of existing appliances or
objects that are not fixtures or part of the building. Maintenance activities should fix, but not make
improvements that would add value to the building.
Maintenance activities do not include the repair or replacement of fixtures or parts of the building. A
fixture is an object that is physically attached to the building and cannot be removed without damage
to the building. Fixtures also include, but are not limited to, kitchen cabinets, built in shelves, toilets,
light fixtures, staircases, crown molding, sinks and bathtubs. Maintenance activities do not include the
installment or replacement of systems designed for occupant comfort and safety such as HVAC, electrical
or mechanical systems, sanitation, fire suppression, and plumbing.
Building rehabilitation and capital improvements are not allowable facility support expenses.
These typically include those items that are done building -wide or affect a large portion of the property
such as roof replacement, exterior/interior common area painting, major repairs of building
components, etc. See Appendix F: Examples of Maintenance Activities.
5.3 Operations
Operations expenses are directly attributable to a particular program or to the homeless crisis
response system.
✓ Salaries and benefits for staff costs directly attributable to the program or to the homeless
system, including but not limited to program staff, information technology (IT) staff, human
resources (HR) staff, bookkeeping staff, and accounting staff.
✓ Office space, utilities, supplies, equipment (up to $1,500 per grant period unless approved in
advance by Commerce), telephone, internet, and training/conferences/travel and per diem.
5.3.1 Homeless Crisis Response System Expenses
✓ Point -in -Time counts
✓ Annual report/housing inventory
Page 1 21
✓ Local homeless plans
✓ Coordinated entry planning, implementation and operations
✓ State data warehouse and Homeless Management Information System
✓ Interested landlord list and landlord outreach activities
✓ Participation in local Continuum of Care
5.3.2 Program Expenses
✓ Intake and assessment, including time spent assessing a household, whether or not the
household is determined eligible.
✓ Housing Stability Services. This includes developing an individualized housing and service plan,
monitoring and evaluating household progress, identifying creative and immediate housing
solutions outside of the traditional homeless service system (diversion), SSI/SSDI Outreach,
Access, and Recovery (SOAR), and assuring that households' rights are protected.
✓ Housing Search and Placement Services. This includes services or activities designed to assist
households in locating, obtaining, and retaining suitable housing, tenant counseling, assisting
households to understand leases, inspections, securing utilities, making moving arrangements,
and representative payee services concerning rent and utilities.
✓ Mediation and outreach to property owners/landlords related to locating or retaining housing
(landlord incentives).
✓ Outreach services.
✓ Optional support services for individuals in permanent supportive housing, including case
management and connections to resources.
✓ Data collection and entry.
✓ General liability insurance and automobile insurance.
✓ Other costs as approved in advance by Commerce.
5.3.3 Flexible Funding
Flexible Funding includes expenses formerly categorized as HEN Essential Needs.
Flexible Funding is the provision of goods or payments of expenses not included in other allowable
expense categories, which directly help a household to obtain or maintain permanent housing or meet
essential household needs. Essential household needs means personal health and hygiene items,
cleaning supplies, transportation passes and other personal need items (WAC 388-400-0065).
Households are eligible for Flexible Funding up to $1,500 per household. Essential household need
items are exempt from the $1,500 cap.
Households eligible for CHG Standard, CHG TANF, and HEN are eligible for Flexible Funding.
Households receiving only Flexible Funding and not ongoing assistance are exempt from income
eligibility requirements. Verification of housing status is required. Flexible Funding payments must be
paid directly to a third party on behalf of the household and noted in a household's housing stability
plan.
5.3.3.11neligible Expenses
0 Retailer or merchant gift cards, vouchers, or certificates that can be exchanged for cash or that
allow the recipient to purchase alcohol or tobacco products.
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5.4 Administration
Up to 15 percent of total non -HEN reimbursed costs and up to 7 percent of total HEN reimbursed costs
over the course of the grant period may be used for administration. This limit must be reconciled
before the end of the grant period.
Allowable administrative costs benefit the organization as a whole and cannot be attributed specifically
to a particular program or to the homeless crisis response system. Administrative costs may include
the same types of expenses that are listed in program operations (such as IT staff and office supplies),
in the case that these costs are benefiting the agency as a whole and are not attributed to a particular
program or the homeless system. Administrative costs may include, but are not limited to, the
following:
✓ Executive director salary and benefits.
✓ General organization insurance.
✓ Organization wide audits.
✓ Board expenses.
✓ Organization -wide membership fees and dues.
✓ Washington State Quality Award (WSQA) expenses.
✓ General agency facilities costs (including those associated with executive positions) such as
rent, depreciation expenses, and operations and maintenance.
All amounts billed to administration must be supported by actual costs. If actual costs exceed the
budgeted limit, they may be charged in equal monthly amounts. These costs must be charged to grant
cost centers by one of the following three methods:
✓ Billed directly such as IT services that are billed by the hour.
✓ Shared costs that are allocated directly by means of a cost allocation plan.
✓ Costs related to executive personnel such that a direct relationship between the cost and the
benefit cannot be established must be charged indirectly by use of an indirect cost rate which
has been appropriately negotiated with an approved cognizant agency or by use of the 10
percent de minimus rate.
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6 Requirements of all Lead Grantees and Subgrantees Providing Direct Service
6.1 Service Delivery
Commerce promotes evidence -based service delivery models that efficiently move people
experiencing homelessness into permanent destinations.
6.1.1 Access to Homeless Housing Assistance
Coordinated entry intake must not require identification, social security cards, birth certificates, or
other documentation not required by funders. Households experiencing homelessness should be
provided temporary housing if available while documentation is being obtained. CHG Flexible Funding
can be used to assist homeless households in obtaining required documentation to access housing.
Programs should limit eligibility criteria to those required by funders and/or facility structure (for
example, funding for veterans or unit size suitable for families with children).
6.1.2 Voluntary Services
Programs must not terminate or deny services to households based on refusal to participate in
supportive services. Supportive services are helping or educational resources that include support
groups, mental health services, alcohol and substance abuse services, life skills or independent living
skills services, vocational services and social activities.
Supportive services do not include housing stability planning or case management.
6.1.3 Progressive Engagement
Lead/subgrantees must employ a progressive engagement (PE) service model. Progressive Engagement
includes the following components:
✓ Whenever possible, households experiencing a housing crisis should be diverted from entering
homeless housing programs through problem -solving conversations, linkages to mainstream
and natural supports, and/or flexible, and light -touch financial assistance.
✓ Initial assessment and services address the immediate housing crisis with the minimal services
needed.
✓ Frequent re -assessment determines the need for additional services.
✓ Services are individualized and responsive to the needs of each household.
✓ Households exit to permanent housing as soon as possible.
✓ Having already received assistance does not negatively impact a household's eligibility if they
face homelessness again.
6.1.4 Assessment and Housing Stability Planning
A problem -solving diversion conversation should occur prior to a full, standardized assessment.
Lead/subgrantees must assess each household's housing needs and facilitate planning with the goal of
obtaining or maintaining housing stability. Housing stability planning must be housing -focused and
client -driven.
Assessments and housing stability planning must be documented.
Assessments and housing stability planning are not required for Drop-in Shelters.
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6.2 HMIS
Lead/subgrantees providing direct service must enter client data into the Homeless Management
Information System (HMIS) for all temporary and permanent housing interventions regardless of
funding source.
Additionally, if the CHG lead grantee is a county government, all Emergency Shelter, Transitional
Housing, Safe Haven, Homelessness Prevention or any Permanent Housing type programs funded with
local document recording fees must enter client data in HMIS.
6.2.1 Data Timeliness
All counties using the State HMIS for direct data entry must enter/update project participant
household data into HMIS within 14 calendar days following the date of project enrollment/exit.
Counties not using the State HMIS (data integration counties), must upload data to the State's HMIS
data warehouse using XML or CSV schema compliant with current HUD HMIS Data Standards. Uploads
must occur no later than the 30th calendar day following the end of each month.
Counties not able to export and upload data to the State HMIS data warehouse using an approved
format must use the State HMIS for direct data entry.
6.2.2 Data Quality
Data quality is measured by the percent of valid data collected for each data element. "Client doesn't
know", "Client refused", and "Data not collected" are considered invalid responses and will count
against data quality.
Data quality is reviewed with each invoice submission.
DATA QUALITY REQUIREMENT: PERCENT OF RECORDS WITH VALID RESPONSES
Data Element
Emergency Shelter
All Other Housing Project Types
Living Situation
85%
100%
Destination
60%
95%
Commerce will annually score county HMIS data quality. This score will be reported on the Homeless
System Performance Report Card.
Grantees should work to increase their HMIS data quality. Beginning July 2019, grantees must increase
their data quality from their 2018 Report Card baseline.
6.2.3 Consent for Entry of Personally Identifying Information
6.2.3.1 Identified Records
✓ Personally identifying information (PII)9 must not be entered into HMIS unless all adult
household members have provided informed consent.
PH — Permanent Supportive Housing, PH — Housing Only, PH — Housing with Services, PH — Rapid Re -Housing
8 Emergency Shelters using the night -by -night tracking method in HMIS are excluded from data quality measurement. Emergency
Shelters with 100% beds categorized as voucher -based AND overflow may be excluded from the data quality measurement.
9 PII includes name, social security number, birthdate, address, phone number, email, and photo.
Page 1 25
✓ Informed consent must be documented with a signed copy of the Client Release of Information
and Informed Consent Form in the client file. If telephonic consent has been received, complete
the consent form the first time the household is seen in person. See Appendix G: Agency
Partner HMIS Agreement.
6.2.3.2 Anonymous Records
The following types of records must be entered anonymously:
✓ Households in which one or adult member does not provide informed consent for themselves
or their dependents.
✓ Households entering a domestic violence program or currently fleeing or in danger from a
domestic violence, dating violence, sexual assault, human trafficking or a stalking situation.
✓ Minors (under the age of 18) entering programs independently (without a parent or guardian).
✓ Households in programs which are required by funders to report HIV/AIDS status.
6.2.3.3 Special Circumstances
If the reporting of the HIV/AIDS status of clients is not specifically required, the HIV/AIDS status must
not be entered in HMIS.
If a combination of race, ethnicity, gender, or other demographic data could be identifying in your
community, those data should not be entered for anonymous records.
6.3 Habitability
6.3.1 For Rent Assistance
Documented habitability is required for all housing units into which households will be moving, except
when a household moves in with friends or family or into a hotel/motel unit. Housing units must be
documented as habitable prior to paying the rent subsidy. Documentation must be kept in the client
file.
Habitability can be documented by the Landlord Habitability Standards Certification Form or
inspection. Both methods are valid for the length of time the household is a tenant in the housing unit.
If the housing unit is provided to a different household within 12 months of documented habitability,
an additional certification/inspection is not required.
6.3.1.1 Allowable Methods for Unit Habitability Determination
The CHG Landlord Habitability Standards Certification Form references the state Landlord Tenant Act
(RCW 59.18.060) and requires the landlord (as defined in RCW 59.18.030) to certify that the unit meets
the safety and habitability standards detailed in the law. The landlord's failure to comply with the law
may result in termination of the rent subsidy.
Inspections: in lieu of (or in addition to) the above landlord certification, lead/subgrantees may choose
to inspect all housing units. Lead/subgrantees may use the Commerce Housing Habitability Standards
(HHS) Form or the HUD Housing Quality Standards (HQS) Inspection Form.
Documentation of habitability certification or inspection must be kept in the client file.
Page 1 26
6.3.1.2 Habitability Complaint Procedure
Lead/subgrantee must have written procedures describing the response to complaints regarding unit
safety and habitability.
This procedure must include:
✓ The method of informing each household of the habitability complaint process.
✓ Assurances that complaints regarding their housing unit's safety and habitability will not affect
the household's program eligibility.
✓ Mandatory inspection when a complaint is reported using the HHS Form, HQS Inspection Form,
or documenting the specific complaint in an alternate format that includes follow-up and
resolution.
6.3.2 For Facilities
All facilities must conduct and document an inspection at least once a year using the HHS Form or HQS
Inspection Form.
6.4 Lead Based Paint Assessment
To prevent lead poisoning in young children, lead/subgrantees must comply with the Lead -Based Paint
Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35, Parts A, B, M, and
R.
A visual assessment must be conducted on an annual basis thereafter (as long as assistance is
provided.) Visual assessments must be conducted by a HUD -Certified Visual Assessor and must be
documented on the HQS Inspection Form or HHS Form and maintained in the client file.
For a guide to compliance see Appendix H: Lead -Based Paint Visual Assessment Requirements.
6.4.1 For Rent Assistance
A lead-based paint visual assessment must be completed prior to providing rapid re -housing or
prevention rent assistance if a child under the age of six or pregnant woman resides in a unit
constructed prior to 1978.
6.4.2 For Facilities
All facilities that may serve a child under the age of six or a pregnant woman constructed prior to 1978
must conduct an annual lead-based paint visual assessment which is documented on the HQS
Inspection Form or HHS Form, and readily accessible for review.
6.4.3 Exceptions to the Lead -Based Paint Visual Assessment Requirement
Visual assessments are not required under the following circumstances:
✓ Zero -bedroom or SRO -sized units;
✓ X-ray or laboratory testing of all painted surfaces by certified personnel has been conducted in
accordance with HUD regulations and the unit is officially certified to not contain lead-based
paint;
✓ The property has had all lead-based paint identified and removed in accordance with HUD
regulations;
✓ The unit has already undergone a visual assessment within the past 12 months —obtained
documentation that a visual assessment has been conducted; or
✓ It meets any of the other exemptions described in 24 CFR Part 35.115(a).
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If any of the circumstances outlined above are met, lead/subgrantees must include the information in
the client file.
6.5 Additional Requirements
6.5.1 Ineligible Use of Funds
Lead/subgrantees must inform Commerce if CHG funds are spent on ineligible households or expenses.
Reasonable attempts must be made to prevent ineligible use of funds.
6.5.2 Grievance Procedure
Lead/subgrantees must have a written grievance procedure for households seeking or receiving
services which includes the household's right to review decisions and present concerns to program
staff not involved in the grievance.
This procedure must:
✓ Clearly describe how households can request a review or report concerns.
✓ Be accessible to all households seeking or receiving services.
6.5.3 Termination and Denial of Service Policy
Lead/subgrantees must have a termination and denial policy.
This policy must:
✓ Describe the reasons a household would be denied services and/or terminated from program
participation.
✓ Describe the notification process.
✓ Ensure households are made aware of the grievance procedure.
6.5.4 Records Maintenance and Destruction
Lead/subgrantees must maintain records relating to this grant for a period of six years following the
date of final payment. See CHG Grant General Terms and Conditions, Section 26 RECORDS
MAINTENANCE.
Paper records derived from HMIS which contain personally identifying information must be destroyed
within seven years after the last day the household received services from the lead/subgrantee.
6.5.5 Client File Check List
Lead/subgrantee must use the CHG Client File Checklist to record the contents of each client file.
Programs may create their own checklist but the components of the CHG Client File Checklist must be
included.
6.5.6 Consent to Review Information in the Benefits Verification System
All household members must provide informed consent for lead/subgrantees to review confidential
information in the Benefits Verification System (BVS) on the form DSHS 14-012(x)(REV 02/2003). See
Appendix I: Benefits Verification System Data Security Requirements for more information. This form
must be kept in the client file.
6.5.7 Prohibitions
✓ Lead/subgrantee may not require households to participate in a religious service as a condition
of receiving program assistance.
Page 1 28
✓ Lead/subgrantees may not deny emergency shelter to households that are unable to pay fees
for emergency shelter.
✓ If a program serves households with children, the age of a minor child cannot be used as a basis
for denying any household's admission to the program.
✓ If a program serves households with children, the program must serve all family compositions.
✓ If a program operates gender -segregated facilities, the program must allow the use of facilities
consistent with the client's gender expression or identity.
6.5.8 Nondiscrimination
As stated in the CHG Grant General Terms and Conditions Section 9 and Section 22, lead/subgrantees
must comply with all federal, state, and local nondiscrimination laws, regulations and policies.
Lead/subgrantees must comply with the Washington State Law against Discrimination, RCW 49.60, as it
now reads or as it may be amended. RCW 49.60 currently prohibits discrimination or unfair practices
because of race, creed, color, national origin, families with children, sex, marital status, sexual
orientation, age, honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained guide dog or service animal by a person with a
disability.
Lead/subgrantees must comply with the Federal Fair Housing Act and it's amendments as it now reads
or as it may be amended. The Fair Housing Act currently prohibits discrimination because of race,
color, national origin, religion, sex, disability or family status. The Fair Housing Act prohibits enforcing
a neutral rule or policy that has a disproportionately adverse effect on a protected class.
Local nondiscrimination laws may include additional protected classes.
Page 1 29
7 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance
7.1 Washington Residential Landlord -Tenant Act
Lead/subgrantees must provide information on the Washington Residential Landlord Tenant Act (RCW
59.18) to households receiving rent assistance.
For more information on this law, visit Washington Law Help, housing page, tenant rights at
www.washinjztonlawhelo.com.
7.2 Rental Agreements
Client files must contain one of the following types of agreements if rent assistance is paid on their
behalf: Intent to Rent, Lease, or Certification of Payment Obligation.
If the rent assistance paid is move -in costs (security deposits, first and last month's rent) only, an Intent
to Rent form is allowable. If the rent assistance will exceed move -in costs to include on-going rent, a
lease or Certification of Payment Obligation is required.
7.2.1 Intent to Rent
At a minimum, an Intent to Rent form must contain the following:
✓ Name of tenant
✓ Name of landlord
✓ Address of rental property
✓ Rent rate
✓ Signature of landlord/date
7.2.2 Lease
At a minimum, the lease or rental agreement between the lead/subgrantee and the landlord OR the
household and the landlord must contain the following:
✓ Name of tenant
✓ Name of landlord
✓ Address of rental property
✓ Occupancy (who gets to live at the rental)
✓ Term of agreement (lease start and end date)
✓ Rent rate and date due
✓ Deposits (if any and what for/term)
✓ Signature of tenant/date
✓ Signature of landlord/date
7.2.3 Certification of Payment Obligation
A CHG Certification of Payment Obligation/Potential Eviction from Friend or Family Form is required for
rent subsidies paid to a friend or family member who is not in the business of property management.
This form must be kept in the client file.
Page 1 30
7.3 Targeted Prevention
Lead/subgrantees that provide targeted prevention must prioritize households most likely to become
homeless, using the CHG Targeted Prevention Eligibility Screening Form. This form must be kept in the
client file.
7.4 Rent Limit
Lead/subgrantees must set a rent limit policy for their service area using a percentage of HUD's Fair
Market Rent (FMR). The rent limit is the maximum rent that can be paid for a unit of a given size. Rent
calculations must include the cost of utilities as detailed on utility allowance schedules established by
the local Housing Authority. The policy may also include a description of how exceptions are made to
the rent limit when circumstances require a rent amount that exceeds the limit.
If a rent limit policy exceeds 120 percent FMR, lead/subgrantees must submit the rationale to
Commerce for approval.
7.5 Determining Rent Subsidy
Lead/subgrantees must have a standardized procedure for determining the amount of rent subsidy for
each household. The procedure should include a consideration of the household's resources and
expenses. Although each household may receive a different amount of rent subsidy, the procedure for
determining the subsidy must be standardized.
Client files must include documentation of the subsidy amount and the determination process. Rent
subsidy should be adjusted when there is a change in household circumstance, income, or need.
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8 Appendices
8.1 Appendix A: Required Forms
The following forms are required, if applicable. Forms may be modified if all of the content is included.
All CHG forms are posted on the Commerce CHG website.
✓ Consolidated Homeless Grant Verification of Household Eligibility and Income Recertification
(sections 4.2;4.4;4.5)
✓ Consolidated Homeless Grant Income Eligibility Worksheet (section 4.4.1)
✓ Consolidated Homeless Grant Utility -Only Assistance form (section 5.1.2)
✓ Client Release of Information and Informed Consent Form (section 6.2.3.1)
✓ Consolidated Homeless Grant Landlord Habitability Standards Certification Form OR Commerce
Housing Habitability Standards (HHS) Form OR HUD Housing Quality Standards (HQS) Inspection
Form— including Lead-based Paint Visual Assessment (section 6.3)
✓ Consolidated Homeless Grant Client File Checklist (section 6.5.5)
✓ DSHS 14-012(x)(REV 02/2003) for BVS(section 6.5.6)
✓ Consolidated Homeless Grant Certification of Payment Obligation/Potential Eviction from
Friend or Family (section 7.2.3)
✓ Consolidated Homeless Grant Targeted Prevention Eligibility Screening (section 7.3)
Page 1 32
8.2 Appendix B: Required Policies and Procedures
✓ Coordinated Entry Policies (section 2.1.4)
✓ Habitability Complaint Procedure (section 6.3.1.2)
✓ Grievance Procedure (section 6.5.2)
✓ Termination or Denial of Service Policy (section 6.5.3)
✓ Rent Limit Policy (section 7.4)
✓ Determining Rent Subsidy Procedure (section 7.5)
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8.3 Appendix C: Client File Documentation
The following chart summarizes the documentation required in each client file, depending on the type of service provided. Details and specific
information for each requirement are explained in the following sections. Other documentation may be required based on individual
circumstances. CHG Required Forms are found on the Commerce CHG website.
Documentation
Drop-in Shelter
Continuous Stay
Transitional Housing
Rapid Re -housing
Permanent
Prevention Rent
Shelter
Rent Assistance
Supportive Housing
Assistance
Client File Checklist
✓
✓
✓
✓
✓
HMIS Client Release of Information and Informed Consent
✓
✓
✓
✓
✓
✓
Form (unless DV OR client refuses consent)
DSHS 14-012(x)(REV 02/2003) for BVS, if applicable
✓
✓
✓
✓
✓
CHG Verification of HH Eligibility and Income Recertification
If staying longer
✓
✓
✓
✓
Form (with associated documentation)
than 90 days
CHG Income Eligibility Worksheet (or equivalent, where
If staying longer
✓
CHG standard only
✓
CHG standard only
applicable)
than 90 days
Targeted Prevention Eligibility Screening Form
✓
Landlord Habitability Certification OR HHS or HQS
✓
✓
✓
Lead-based Paint Assessment, if applicable
✓
✓
✓
✓
Utility -Only Assistance Form, if applicable
✓
Lease OR Certification of Payment Obligation (for
friends/family)
Intent to Rent, if applicable
✓
Household Rent subsidy amount / Rent determination
✓
✓
✓
process
Assessment and Housing Stability Planning
✓
✓
✓
✓
✓
Temporary Absence, if applicable
✓
✓
✓
The following is only required for non -HEN clients. Documentation does not necessarily need to be kept in client files.
For -Profit Certification Form completed by landlord OR
Print-out from county parcel website to document OR Case
✓
If scattered site
✓
note documentation of oral verification from county
assessor's office
Print-out from IRS non-profit search, if applicable
✓
If scattered site
✓
Page 1 34
8.4 Appendix D: Performance Measurements
8.4.1 Unsheltered Prioritization
Homeless Crisis Response Systems must prioritize unsheltered homeless households for
services and programs.
Fulfilling this requirement can be demonstrated in one of two ways:
A. Counties achieve functional zero10 unsheltered homelessness by September 30, 2018,
for at least two subpopulationsll
Counties asserting functional zero unsheltered for subpopulations will be evaluated by
the Department of Commerce based on state and local administrative data, and
qualitative data gathered from key stakeholders.
To achieve functional zero, homeless systems will need to conduct outreach to identify
unsheltered homeless households, engage them, and actively connect them to
temporary and permanent housing solutions via coordinated entry.
ME
B. Counties increase from baseline the percent served of unsheltered homeless
households in temporary or permanent housing projects by 10 percentage points by
September 30, 2018.
Data for the reporting period October 1, 2015 through September 30, 2016 as reported
on the Washington State Homeless System Performance Reports found at
http://www.commerce.wa.gov/serving-communities/homelessness/homeless-system-
performance/ will serve as the baseline for each county. The county baseline indicates
the percent of those served who are or were unsheltered homeless (includes fleeing
domestic violence) at any point in the last two years.
Counties that have not achieved functional zero, do not increase the percent served of
unsheltered homeless household by 10 percentage points AND are serving high levels of
unsheltered homeless households may assert that the county has met a high performance
10 Functional zero unsheltered is the number of unsheltered homeless households moving into temporary or
permanent housing being equal to or greater than the number of current and newly identified unsheltered
homeless households.
11 Subpopulations are households with minor children, households without minors, veterans, households with only
minors (unaccompanied youth), and chronically homeless households.
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threshold which will be evaluated by the Department of Commerce based on state and local
administrative data, and qualitative data gathered from key stakeholders.
The Unsheltered Prioritization measurement includes any person that was unsheltered in the
last two years, as measured in HMIS by Living Situation (Place not meant for habitation, e.g.
vehicle, abandoned building, bus/train/subway station/airport, park, camping ground or
anywhere outside) OR people indicating that they are currently fleeing or attempting to flee,
domestic violence, dating violence, sexual assault, stalking or other dangerous or life-
threatening conditions.
8.4.1.1Reporting Specifications
Client Universe:
People who entered into emergency shelter, safe haven, transitional housing, homelessness
prevention or any permanent housing type project (which includes rapid re -housing) during the
report period.
Calculation:
Of the client universe, add up those were active in any emergency shelter, safe haven,
transitional housing, homelessness prevention, street outreach, services only or any permanent
housing type project (which includes rapid re -housing) within 24 months prior to the reporting
period AND had a prior residence (917A living situation): Place not meant for habitation OR
answered 4.11 Domestic Violence YES AND Are you currently fleeing? YES.
Divide the total from step 2 by the total from step 1 (client universe) to calculate the percent of
people served with a recent history of unsheltered homelessness.
8.4.2 System Wide Performance Requirements
Performance measures are outcomes that help evaluate the effectiveness of Homeless Crisis
Response Systems as they work towards reducing homelessness. Each performance measure
has a target that is the level of desirable performance that each intervention type should reach
to indicate a high performing Homeless Crisis Response System.
The benchmark is a short-term goal to improve performance. The benchmark is set by the
grantee using local data and indicates acceptable progress toward the target within each year
of the grant period (July 1, 2017 through June 30, 2018 and July 1, 2018 through June 30, 2019).
Grantees develop benchmarks using local baseline data for the reporting period October 1,
2015 through September 30, 2016. For Balance of State Continuum of Care counties, the
Department of Commerce provides baseline data.
Performance measures and benchmarks may be re -assessed and adjusted throughout the grant
period using the amendment process.
Page 1 36
Required and secondary performance measures, targets specific to intervention type (HMIS
project type), acceptable levels of progress, and data sources are outlined in the table below.
For each intervention type, grantees must adopt the required performance measure(s), and at
least one secondary performance measure.
Performance will be measured annually against established baseline data. Grantees meeting
locally developed benchmarks will have met the requirement to demonstrate progress towards
the targets of performance measures as outlined in the CHG Statement of Work.
Intervention
Required
Performance
Data Source
Acceptable Progress
Performance
Type
Measure
(Minimum Change
Target
from Baseline)
Emergency
x
Increase Percent
HMIS: HUD Homeless
Increase by at least 5
At Least 50%
Shelter
Exits to
System Performance
percentage points
Permanent
Report
Housing
Measure 7
Reduce Median
HMIS: HUD Homeless
Decrease by at least 5
20 Days or Less
Length of Time
System Performance
days
Persons Remain
Report
Homeless
(Length of Stay)
Measure 1 B
Reduce Average
HMIS: HUD Homeless
Decrease by at least 5
20 Days or Less
Length of Time
System Performance
days
Persons Remain
Report
Homeless
(Length of Stay)
Measure 1 B
Reduce Percent
HMIS: HUD Homeless
Decrease by at least 5
Less than 10%
Return to
System Performance
percentage points
Homelessness in
Report
2 Years
Measure 2 A & 2 B
Transitional
x
Increase Percent
HMIS: HUD Homeless
Increase by at least 5
At Least 80%
Housing
Exits to
System Performance
percentage points
Permanent
Report
Housing
Measure 7
Reduce Median
HMIS: HUD Homeless
Decrease by at least
90 Days or Less
Length of Time
System Performance
10 days
Persons Remain
Report
Homeless
(Length of Stay)
Measure 1 B
Reduce Average
HMIS: HUD Homeless
Decrease by at least
90 Days or Less
Length of Time
System Performance
10 days
Persons Remain
Report
Homeless
(Length of Stay)
Measure 1 B
Reduce Percent
HMIS: HUD Homeless
Decrease by at least 5
Less than 5%
Return to
System Performance
percentage points
Homelessness in
Report
Page 1 37
12 Targeted Prevention performance measures are exempted from the "Consequences of non-compliance"
identified in the CHG Statement of Work.
Page 1 38
2 Years
Measure 2 A & 2 B
Rapid Re-
x
Increase Percent
HMIS: HUD Homeless
Increase by at least 5
At Least 80%
Housing
Exits to
System Performance
percentage points
Permanent
Report
Housing
Measure 7
x
Reduce Percent
HMIS: HUD Homeless
Decrease by at least 5
Less than 5%
Return to
System Performance
percentage points
Homelessness in
Report
2 Years
Measure 2 A & 2 B
Targeted
x
Reduce Number
HMIS: HUD Homeless
Reduce by any
Reduce
Prevention 12
of New Homeless
System Performance
number
Number
Report
Measure 5
Increase Percent
HMIS: Of all people who
Increase by at least 5
At Least 80%
served with
entered a Homelessness
percentage points
residence prior
Prevention Type project
to project entry:
during the reporting
institutional
period count of people
setting or
with a prior residence of:
temporarily
Staying or living in a
staying with
family member's room,
family or friends
apartment or house;
Staying or living in a
friend's room, apartment
or house; Substance
abuse treatment facility
or detox center; Jail,
prison or juvenile
detention center; Hospital
or other residential non-
psychiatric medical
facility; Psychiatric
hospital or other
psychiatric facility; Long-
term care facility or
nursing home; Foster care
home or foster care group
home. Count Last (if
multiple) or Only Entries.
12 Targeted Prevention performance measures are exempted from the "Consequences of non-compliance"
identified in the CHG Statement of Work.
Page 1 38
Page 139
Increase Percent
HMIS: Of all people who
Increase by at least 5
At Least 80%
served with past
entered a Homelessness
percentage points
homelessness
Prevention Type, project
(previously
during the reporting
served in HMIS)
period, count of people
who exited from any
project type two years
prior to the reporting
period. Count Last (if
multiple) or Only Entries.
Permanent
x
Increase Percent
HMIS: HUD Homeless
Increase by at least 5
At Least 95%
Supportive
Exits to or
System Performance
percentage points
Housing
Retention of
Report
Permanent
Housing
Measure 7
Page 139
8.5 Appendix E: Documentation of Housing Status
Homeless
At Imminent Risk of Homelessness
(losing housing within 14 days)
All imminent risk households must also complete Section 4— No Subsequent
Residence and Insufficient Resources/Support Networks, on the CHG Verification
Unsheltered (Place
Residing in a Temporary
Exiting a System of Care
Fleeing Domestic
Violence, Dating
of Eligibility and Recertification Form.
Not Meant for
Housing Program
and Previously Homeless
Violence, Sexual
Human Habitation)
Assault, Stalking, etc.
Staying With Friends/Family or Hotel
Renting
Exiting a System of Care
Motel
Third party
Letter signed and dated from
Letter signed and dated by
Signed and dated self-
Letter signed and dated from the
Copy of lease naming
Letter signed and dated by
verification, including
the provider of the
system of care
declaration by
provider of the temporary residence.
household member as lease
system of care
outreach workers.
temporary housing.
representative including:
applicant.
Letter must include:
holder or other written
representative including:
occupancy agreement
OR
OR
a. Statement verifying
a. Statement verifying the applicant's
identifying them as legal
a. Statement verifying
current stay of
current living situation, and
tenant of unit.
current stay of
Signed and dated
A telephone call to the
household
b. Date when the household must
household
self -declaration by
provider of temporary
member(s), and
vacate the temporary housing.
AND
member(s), and
applicant stating
housing that is documented,
b. Indicate household
OR
b. Indicate household
what type of place
signed, and dated by the case
Written and signed notice
they were staying the
manager making the call.
member(s) have no
from the landlord that
member(s) have no
night before.
available housing
Certification of Payment Obligation and
includes the date when the
available housing
OR
option after exiting.
Potential Eviction from Friend/Family
household must vacate
option after exiting.
C. Indicate that
form.
within 14 days.
Current HMIS record from
household was
OR
homeless housing project,
homeless prior to
including dates of stay.
entering the system
A telephone call to the provider of
of care.
temporary housing that is documented,
signed, and dated by the case manager
making the call.
OR
Self -declaration signed and dated by
applicant stating where they are
residing. Self -declaration of housing
status should be used very rarely and
only when written third -party
verification cannot be obtained.
Page 140
8.6 Appendix F: Examples of Maintenance Activities
ALLOWABLE EXPENSES
Cleaning Activities Protective or Preventative
Measures to Keep a Building,
its Systems, and its Grounds
in Working Order
• Cleaning gutters and
•
Fixing gutters
downspouts
•
Mending cracked plaster
• Lawn and yard care
•
Patching roof
(mowing, raking,
•
Caulking, weather
weeding,
stripping, re -glazing.
trimming/pruning
•
Replacing a broken
trees and shrubs)
window or screen
• Cleaning a portion of
•
Reapplication of
interior or exterior of
protective coatings
building, including
•
Fixing plumbing leaks
graffiti removal
•
Repainting previously
• Washing windows
painted surface (including
• Litter pick up and trash
limited scraping)*
collection
•
Waterproofing (sealant)
• Removing snow/ice
•
Servicing and
• Unclogging sinks and
maintenance of
toilets
mechanical systems
•
Replacing a carpet square
or patching carpet
•
Fixing alarm systems
•
Installing temporary
fencing
* Non-destructive methods only (e.g., no sandblasting or h
Page 141
Replacing Existing Appliances or
Objects That Have Broken or
are Clearly Past Their Useful
Life, are not Fixtures or Part of
the Building (See above for
definition of "fixtures.")
Replacing:
• Kitchen appliances where
removal would not cause
any damage (for example
dishwashers, stoves,
refrigerators)
• Light bulbs
• Washing and drying
machines
• Air filters
• Furniture
h pressure sprayin
8.7 Appendix G: Agency Partner HMIS Agreement
The Homeless Management Information System ("HMIS") is a client management system that
maintains information regarding the characteristics and service needs of Clients for a variety of
reasons, including the provision of more effective and streamlined services to Clients and the
creation of information that communities can use to determine the use and effectiveness of
services.
Ultimately, when used correctly and faithfully by all involved parties, the HMIS is designed to
benefit multiple stakeholders, including provider agencies, persons who are homeless, funders
and the community, through improved knowledge about people who are homeless, their
services and service needs and a more effective and efficient service delivery system.
The Homeless Housing and Assistance Act of 2005 requires the Department of Commerce to
collect HMIS data in the form of a data warehouse. Each homeless service provider will submit
HMIS data to Commerce.
Lead grantees/ sub grantees and the Department of Commerce agree as follows:
General Understandings:
In this Agreement, the following terms will have the following meanings:
"Client" refers to a consumer of services;
"Partner Agency" refers generally to any Agency participating in HMIS.
"Agency staff" refers to both paid employees and volunteers.
"HMIS" refers to the HMIS system administered by Commerce.
"Enter(ing)" or "entry" refers to the entry of any Client information into HMIS.
"Shar(e)(ing)," or "Information Shar(e)(ing)" refers to the sharing of information which has
been entered in HMIS with another Partner Agency.
"The Balance of State Continuum of Care Steering Committee" or "Steering Committee" refers
to a Commerce advisory body that serves in a consultative and counseling capacity to
Commerce as the system administrator. The Steering Committee is comprised of
representatives from the State, the Balance of State Continuum of Care regions and at -large
members.
"Identified Information" refers to Client data that can be used to identify a specific Client. Also
referred to as "Confidential" data or information.
"De -identified Information" refers to data that has specific Client demographic information
removed, allowing use of the data without identifying a specific Client. Also referred to as
"non -identifying" information.
Agency understands that when it enters information into HMIS, such information will be
available to Commerce staff who may review the data to administer HMIS; to conduct analysis
in partnership with the Research and Data Analysis (RDA) division at the Department of Social
and Health Services (DSHS); and to prepare reports that may be submitted to others in de -
identified form without individual identifying Client information.
Agency understands that Agency will have the ability to indicate whether information Agency
Page 142
entered into HMIS may be shared with and accessible to Partner Agencies in HMIS system.
Agency is responsible for determining and designating in HMIS whether information may or
may not be shared using the Interagency Data Sharing Agreement available through
Commerce.
Confidentiality:
Agency will not:
enter information into HMIS which it is not authorized to enter; and
will not designate information for sharing which Agency is not authorized to share, under any
relevant federal, state, or local confidentiality laws, regulations or other restrictions applicable
to Client information. By entering information into HMIS or designating it for sharing, Agency
represents that it has the authority to enter such information or designate it for sharing.
Agency represents that: (check applicable items)
❑ it is; ❑ is not; a "covered entity" whose disclosures are restricted under HIPAA (45 CFR
160 and 164); More information about "covered entities" can be found here:
http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html
❑ it is; ❑ is not; a program whose disclosures are restricted under Federal Drug and Alcohol
Confidentiality Regulations: 42 CFR Part 2;
If Agency is subject to HIPAA, (45 CFR 160 and 164) or 42 CFR Part 2, a fully executed Business
Associate or Business Associate/Qualified Service Organization Agreement must be attached to
this agreement before information may be entered. Sharing of information will not be
permitted otherwise.
If Agency is subject to any laws or requirements which restrict Agency's ability to either enter
or authorize sharing of information, Agency will ensure that any entry it makes and all
designations for sharing fully comply with all applicable laws or other restrictions.
Agency shall comply with the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (VAWA) and Washington State RCW 43.185C.030. No Identified
Information may be entered into HMIS for Clients in licensed domestic violence programs or
for Clients fleeing domestic violence situations.
Agency shall not enter confidential information regarding HIV/AIDS status, in accordance with
RCW 70.02.220. If funding (i.e., HOPWA) requires HMIS use, those clients' data shall be
entered without Identifying Information.
To the extent that information entered by Agency into HMIS is or becomes subject to
additional restrictions, Agency will immediately inform Commerce in writing of such
restrictions.
Information Collection, Release and Sharing Consent:
Collection of Client Identified information: An agency shall collect client identified information
only when appropriate to the purposes for which the information is obtained or when
required by law. An Agency must collect client information by lawful and fair means and,
where appropriate, with the knowledge or consent of the individual.
Obtaining Client Consent: In obtaining Client consent, each adult Client in the household must
sign the HMIS Client Release of Information (or a Commerce -approved equivalent release
document) to indicate consent to enter Client identified information into HMIS. If minors are
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present in the household, at least one adult in the household must consent minors by writing
their names on the HMIS Client Release of Information. If any adult member of a household
does not provide written consent, identifying information may not be entered into HMIS for
anyone in the household. Unaccompanied youth may not sign the consent form for
themselves.
Do not enter personally identifying information into HMIS for clients who are in licensed
domestic violence agencies or currently fleeing or in danger from a domestic violence, dating
violence, sexual assault or stalking situation.
Do not enter HIV/AIDS status in HMIS. If funding (i.e, HOPWA) requires HMIS use, those
clients' data shall be entered without personally identifying information.
Telephonic consent from the individual may temporarily substitute for written consent
provided that written consent is obtained at the first time the individual is physically present at
Agency.
A Client may withdraw or revoke consent for Client identified information collection by signing
the HMIS Revocation of Consent. If a Client revokes their consent, Agency is responsible for
immediately contacting Commerce and making appropriate data modifications in HMIS to
ensure that Client's personally identified information will not be shared with other Partner
Agencies or visible to the Agency staff within the system.
This information is being gathered for the collection and maintenance of a research database
and data repository. The consent is in effect until the client revokes the consent in writing.
No Conditioning of Services: Agency will not condition any services upon or decline to provide
any services to a Client based upon a Client's refusal to allow entry of identified information
into HMIS.
Re-release Prohibited: Agency agrees not to release any Client identifying information received
from HN11S to any other person or organization without written informed Client consent, or as
required by law.
Client Inspection/Correction: Agency will allow a Client to inspect and obtain a copy of his/her
own personal information except for information compiled in reasonable anticipation of, or for
use in, a civil, criminal or administrative action or proceeding. Agency will also allow a Client to
correct information that is inaccurate. Corrections may be made by way of a new entry that is
in addition to but is not a replacement for an older entry.
Security: Agency will maintain security and confidentiality of HMIS information and is
responsible for the actions of its users and for their training and supervision. Among the steps
Agency will take to maintain security and confidentiality are:
Access: Agency will permit access to HMIS or information obtained from it only to authorized
Agency staff who need access to HMIS for legitimate business purposes (such as to provide
services to the Client, to conduct evaluation or research, to administer the program, or to
comply with regulatory requirements). Agency will limit the access of such staff to only those
records -that are immediately relevant to their work assignments.
User Policy: Prior to permitting any user to access HMIS, Agency will require the user to sign a
User Policy, Responsibility Statement & Code of Ethics ("User Policy"), which is found on the
Commerce web page (www.commerce.wa.gov/hmiswa) and is incorporated into this
agreement and may be amended from time to time by Commerce. Agency will comply with,
and enforce the User Policy and will inform Commerce immediately in writing of any breaches
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of the User Policy
Computers: Security for data maintained in HMIS depends on a secure computing
environment. Computer security is adapted from relevant provisions of the Department of
Housing and Urban Development's (HUD) "Homeless Management Information Systems
(HMIS) Data and Technical Standards Notice" (Docket No. FR 4848-N-01; see
https://www.hudexchange.info/resource/1318/2004-hmis-data-and-technical-standards-final-
notice ). Agencies are encouraged to directly consult that document for complete
documentation of HUD's standards relating to HMIS.
Agency agrees to allow access to HMIS only from computers which are:
owned by Agency or approved by Agency for the purpose of accessing and working with HMIS;
protected from viruses by commercially available virus protection software;
protected with a software or hardware firewall;
maintained to insure that the computer operating system running the computer used for the
HMIS is kept up to date in terms of security and other operating system patches, updates, and
fixes;
accessed through web browsers with 256 -bit encryption (e.g., Internet Explorer, version 11.0).
Some browsers have the capacity to remember passwords, so that the user does not need to
type in the password when returning to password -protected sites. This default shall not be
used with respect to Commerce' HMIS; the end-user is expected to physically enter the
password each time he or she logs on to the system;
staffed at all times when in public areas. When computers are not in use and staff is not
present, steps should be taken to ensure that the computers and data are secure and not
publicly accessible. These steps should minimally include: Logging off the data entry system,
physically locking the computer in a secure area, or shutting down the computer entirely.
Passwords: Agency will permit access to HMIS only with use of a User ID and password, which
the user may not share with others. Written information pertaining to user access (e.g.
username and password) shall not be stored or displayed in any publicly accessible location.
Passwords shall be at least eight characters long and meet industry standard complexity
requirements, including, but not limited to, the use of at least one of each of the following
kinds of characters in the passwords: Upper and lower-case letters, and numbers and symbols.
Passwords shall not be, or include, the username, or the HMIS name. In addition, passwords
should not consist entirely of any word found in the common dictionary or any of the above
spelled backwards. The use of default passwords on initial entry into the HMIS application is
allowed so long as the default password is changed on first use. Passwords and user names
shall be consistent with guidelines issued from time to time by HUD and/or Commerce.
Training/Assistance: Agency will permit access to HMIS only after the authorized user
receives appropriate confidentiality training including that provided by Commerce. Agency
will also conduct ongoing basic confidentiality training for all persons with access to HMIS and
will train all persons who may receive information produced from HMIS on the confidentiality
of such information. Agency will participate in such training as is provided from time to time
by Commerce. Commerce will be reasonably available during Commerce defined weekday
business hours for technical assistance (i.e. troubleshooting and report generation).
Records: Agency and Commerce will maintain records of any disclosures of Client identifying
information either of them makes of HMIS information for a period of seven years after such
Page 1 45
disclosure. On written request of a Client, Agency and Commerce will provide an accounting
of all such disclosures within the prior seven-year period. Commerce will have access to an
audit trail from HMIS so as to produce an accounting of disclosures made from one Agency to
another by way of sharing of information from HMIS.
Retention of paper copies of personally identifying information: Agencies must develop and
adopt policies governing the retention of paper records containing personally identifying
information derived from a Homeless Management Information system. The policy must
define how long paper records are retained after they are no longer being actively utilized, and
the process that will be used to destroy the records to prevent the release of personally
identifying information. The policy must require the destruction of the paper records derived
from an HMIS no longer than seven years after the last day the person was served by the
organization.
Information Entry Standards:
Information entered into HMIS by Agency will be truthful, accurate and complete to the best
of Agency's knowledge.
Agency will not solicit from Clients or enter information about Clients into the HMIS database
unless the information is required for a legitimate business purpose such as to provide services
to the Client, to conduct evaluation or research, to administer the program, or to comply with
regulatory requirements.
Agency will only enter information into HMIS database with respect to individuals that it
serves or intends to serve, including through referral.
Agency will enter all data for a particular month into HMIS database by the 5th business day of
the following month. Additionally, Agency will make every attempt enter all data for a
particular week by the end of that week.
Agency will not alter or over -write information entered by another Agency.
Use of HMIS:
Agency will not access identifying information for any individual for whom services are neither
sought nor provided by the Agency. Agency may access identifying information of the Clients
it serves and may request via writing access to statistical, non -identifying information on both
the Clients it serves and Clients served by other HMIS participating agencies.
Agency may report non -identifying information to other entities for funding or planning
purposes. Such non -identifying information shall not directly identify individual Clients.
Agency and Commerce will report only non -identifying information in response to requests for
information from HMIS unless otherwise required by law.
Agency will use HMIS database for legitimate business purposes only.
Agency will not use HMIS in violation of any federal or state law, including, but not limited to,
copyright, trademark and trade secret laws, and laws prohibiting the transmission of material,
which is threatening, harassing, or obscene.
Agency will not use the HMIS database to defraud federal, state or local governments,
individuals or entities, or conduct any illegal activity.
Proprietary Rights of the HMIS:
Agency shall not give or share assigned passwords and access codes for HMIS with any other
Agency, business, or individual. Each user shall request their own login and password.
Agency shall take due diligence not to cause in any manner, or way, corruption of the HMIS
Page 146
database, and Agency agrees to be responsible for any damage it may cause.
Steering Committee: Commerce will consult with the Steering Committee from time to time
regarding issues such as revision to the form of this Agreement. Written Agency complaints
that are not resolved may be forwarded to the Steering Committee, which will try to reach a
voluntary resolution of the complaint.
Limitation of Liability and Indemnification: No party to this Agreement shall assume any
additional liability of any kind due to its execution of this agreement of participation in the
HMIS. It is the intent of the parties that each party shall remain liable, to the extent provided
by law, regarding its own acts and omissions; but that no party shall assume additional liability
on its own behalf or liability for the acts of any other person or entity except for the acts and
omissions of their own employees, volunteers, agents or contractors through participation in
HMIS. The parties specifically agree that this agreement is for the benefit if the parties only
and this agreement creates no rights in any third party.
Limitation of Liability. Commerce shall not be held liable to any member Agency for any
cessation, delay or interruption of services, nor for any malfunction of hardware, software or
equipment.
Disclaimer of Warranties. Commerce makes no warranties, express or implied, including the
warranties of merchantability and fitness for a particular purpose, to any Agency or any other
person or entity as to the services of the HMIS to any other matter.
Additional Terms and Conditions:
Agency will abide by such guidelines as are promulgated by HUD and/or Commerce from time
to time regarding administration of the HMIS.
Agency and Commerce intend to abide by applicable law. Should any term of this agreement
be inconsistent with applicable law, or should additional terms be required by applicable law,
Agency and Commerce agree to modify the terms of this agreement so as to comply with
applicable law.
Neither Commerce nor Agency will transfer or assign any rights or obligations regarding HMIS
without the written consent of either party.
Agency agrees to indemnify and hold Commerce and its agents and staffs harmless from all
claims, damages, costs, and expenses, including legal fees and disbursements paid or incurred,
arising from any breach of this Agreement or any of Agency's obligations under this
Agreement.
This Agreement will be in force until terminated by either party. Either party may terminate
this agreement at will with 20 days written notice. Either party may terminate this agreement
immediately upon a material breach of this Agreement by the other party, including but not
limited to the breach of the Commerce Security Policy by Agency.
If this Agreement is terminated, Agency will no longer have access to HMIS. Commerce and
the remaining Partner Agencies will maintain their right to use all of the Client information
previously entered by Agency except to the extent a restriction is imposed by Client or law.
Copies of Agency data will be provided to the Agency upon written request of termination of
this agreement. Data will be provided on CDs or other mutually agreed upon media. Unless
otherwise specified in writing, copies of data will be delivered to Agency within fourteen (14)
calendar days of receipt of written requests for data copies.
Page 147
8.8 Appendix H: Lead -Based Paint Visual Assessment Requirements
To prevent lead -poisoning in young children, Lead/Subgrantees must comply with the Lead -
Based Paint Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35,
Parts A, B, M, and R.
Disclosure Requirements
For ALL properties constructed prior to 1978, landlords must provide tenants with:
✓ Disclosure form for rental properties disclosing the presence of known and unknown
lead-based paint;
✓ A copy of the "Protect Your Family from Lead in the Home" pamphlet.
Both the disclosure form and pamphlet are available at: https://www.epa.gov/lead/real-estate-
disclosure
It is recommended that rent assistance providers also share this information with their clients.
Determining the Age of the Unit
Lead/Subgrantees should use formal public records, such as tax assessment records, to
establish the age of a unit. These records are typically maintained by the state or county and
will include the year built or age of the property. To find online, search for your county name
with one of the following phrases:
✓ "property tax records"
✓ "property tax database"
✓ "real property sales"
Print the screenshot for the case file. If not available online, the information is public and can
be requested from the local authorities.
Conducting a Visual Assessment
Visual assessments are required when:
✓ The leased property was constructed before 1978;
AND
✓ A child under the age of six or a pregnant woman will be living in the unit occupied by
the household receiving CHG rent assistance.
A visual assessment must be conducted prior to providing CHG rent assistance to the unit and
on an annual basis thereafter (as long as assistance is provided). Lead/Subgrantees may choose
to have their program staff complete the visual assessments or they may procure services from
a contractor. Visual assessments must be conducted by a HUD -Certified Visual Assessor.
Anyone may become a HUD -Certified Visual Assessor by successfully completing a 20 -minute
online training on HUD's website at:
Page 1 48
http://www.hud.gov/offices/lead/training/visualassessment/h00101.htm
If a visual assessment reveals problems with paint surfaces, Lead/Subgrantees cannot approve
the unit for CHG assistance until the deteriorating paint has been repaired. Lead/Subgrantees
may wait until the repairs are completed or work with the household to locate a different (lead -
safe) unit.
Locating a Certified Lead Professional and Further Training
To locate a certified lead professional in your area:
✓ Call your state government (health department, lead poison prevention program, or
housing authority).
✓ Call the National Lead Information Center at 1 -800 -424 -LEAD (5323).
✓ Go to the US Environmental Protection Agency website at
https://www.epa.gov/leadand click on "Find a Lead -Safe Certified Firm."
✓ Go to Washington State Department of Commerce Lead -Based Paint Program website at
http://www.commerce.wa.gov/building-infrastructure/housing/lead-based-paint/lead-
based-paint-program-Ibpabatement/ and click on "Find a Certified LBP Firm" under
Other Resources.
Information on lead-based programs in Washington State can be found at
http://www.commerce.wa.gov/building-infrastructure/housing/lead-based-paint/.
For more information on the Federal training and certification program for lead professionals,
contact the National Lead Information Center (NLIC) at https://www.epa.gov/lead/forms/lead-
hotline-national-lead-information-centeror 1 -800 -424 -LEAD to speak with an information
specialist.
The Lead Safe Housing Rule as well as a HUD training module can be accessed at
http://portal.hud.gov/hudportal/HUD?src=/program offices/healthy homes/enforcement/Ishr
Page 149
8.9 Appendix I: Benefits Verification System Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Appendix, shall each have
the following definitions:
"Authorized User(s)" means an individual or individuals with an authorized business
requirement to access DSHS Confidential Information.
"Hardened Password" means a string of at least eight characters containing at least one
alphabetic character, at least one number and at least one special character such as an
asterisk, ampersand or exclamation point.
"Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
d. "Contractor" means CHG Lead/subgrantees.
2. Data Transport. When transporting DSHS Confidential Information electronically, including
via email, the Data will be protected by:
a. Transporting the Data within the (State Governmental Network) SGN or Contractor's
internal network, or;
b. Encrypting any Data that will be in transit outside the SGN or Contractor's internal network.
This includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following
media and protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique
User ID and Hardened Password or other authentication mechanisms which provide equal
or greater security, such as biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers and made
available through shared folders. Access to the Data will be restricted to Authorized Users
through the use of access control lists which will grant access only after the Authorized User
has authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or
smart cards. Data on disks mounted to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is
sufficient as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data as outlined in Section
5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken
out of the Secured Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not
be transported out of a Secured Area. When not in use for the contracted purpose, such
discs must be locked in a drawer, cabinet or other container to which only Authorized Users
have the key, combination or mechanism required to access the contents of the container.
Page 1 50
Workstations which access DSHS Data on optical discs must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be
transported out of a Secured Area. Access to Data on these discs will be restricted to
Authorized Users through the use of access control lists which will grant access only after
the Authorized User has authenticated to the network using a Unique User ID and Hardened
Password or other authentication mechanisms which provide equal or greater security, such
as biometrics or smart cards. Data on discs attached to such servers must be located in an
area which is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secured
Area which is only accessible to authorized personnel. When not in use, such records must
be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only
authorized persons have access.
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN)
or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue
authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized
Users on Contractor staff. Contractor will notify DSHS staff immediately whenever an
Authorized User in possession of such credentials is terminated or otherwise leaves the
employ of the Contractor, and whenever an Authorized User's duties change such that the
Authorized User no longer requires access to perform work for this Contract
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the
Contractor on portable devices or media unless specifically authorized within the terms and
conditions of the Contract. If so authorized, the Data shall be given the following
protections:
(a)Encrypt the Data with a key length of at least 128 bits
(b)Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics.
(c)Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
Physically Secure the portable device(s) and/or media by
(d)Keeping them in locked storage when not in use
(e)Using check-in/check-out procedures when they are shared, and
(f)Taking frequent inventories
(2) When being transported outside of a Secured Area, portable devices and media
with DSHS Confidential Information must be under the physical control of Contractor staff
with authorization to access the Data.
(3) Portable devices include, but are not limited to; smart phones, tablets, flash
memory devices (e.g. USB flash drives, personal media players), portable hard disks, and
laptop/notebook/netbook computers if those computers may be transported outside of a
Page 1 51
Secured Area.
(4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs),
magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC).
Data stored for backup purposes.
(1) DSHS data may be stored on portable media as part of a Contractor's
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course
of normal backup operations. If backup media is retired while DSHS Confidential
Information still exists upon it, such media will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition
(2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for
business continuity or disaster recovery purposes. If so, such media will be protected as
otherwise described in this exhibit. If this media is retired while DSHS Confidential
Information still exists upon it, the data will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition.
4. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to
ensure that when no longer needed by the Contractor, all DSHS Data can be identified for
return or destruction. It also aids in determining whether DSHS Data has or may have been
compromised in the event of a security breach. As such, one or more of the following
methods will be used for data segregation.
b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain
no non-DSHS data. And/or,
c. DSHS Data will be stored in a logical container on electronic media, such as a partition or
folder dedicated to DSHS Data. And/or,
d. DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data
by the value of a specific field or fields within database records.
f. When stored as physical paper documents, DSHS Data will be physically segregated from
non-DSHS data in a drawer, folder, or other container.
g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both
the DSHS Data and the non-DSHS data with which it is commingled must be protected as
described in this exhibit.
5. Data Disposition. When the contracted work has been completed or when no longer
needed, except as noted in Section 3. Protection of Data b. Network Server Disks above,
Data shall be returned to DSHS or destroyed. Media on which Data may be stored and
associated acceptable methods of destruction are as follows:
Page 1 52
Data Stored On:
Will be Destroyed By:
Server or workstation hard disks, or
Using a "wipe" utility which will overwrite
the Data at least three (3) times using
Removable media (e.g. floppies, USB
either random or single character data, or
flash drives, portable hard disks)
excluding optical discs
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Recycling through a contracted firm
Confidential Information
provided the contract with the recycler
assures that the confidentiality of Data
will be protected.
Paper documents containing Confidential
On-site shredding, pulping, or
Information requiring special handling
incineration
(e.g. protected health information)
Optical discs (e.g. CDs or DVDs)
Incineration, shredding, or completely
defacing the readable surface with a
coarse abrasive
Magnetic tape
Degaussing, incinerating or crosscut
shredding
6. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to the Department of Commerce
Contact designated in the Grant Agreement within one (1) business day of discovery.
Data shared with Subcontractors. If DSHS Data access provided under this Contract is to
be shared with a subcontractor, the Contract with the subcontractor must include all of the
data security provisions within this Contract and within any amendments, attachments, or
exhibits within this Contract.
Page 1 53
7b
COUNCIL MEETING DATE: January 2, 2019 ITEM #:
..............................................................................................................................................................................................
........................................................................................................................................................................................................................................................................................................................................... .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDED 2019 CITY OF FEDERAL WAY LEGISLATIVE AGENDA
POLICY QUESTION: Should the City Council approve the amended 2019 Legislative Agenda as presented?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Yarden F. Weidenfeld, Senior Policy Advisor DEPT: Mayor's Office
........................................................................................................................................................................................................
......................................................................................................................................................................................................................................................................................................................................
Background: Based upon the report just released by the Task Force on Homelessness, Mayor Ferrell is
recommending that the City of Federal Way 2019 legislative agenda be amended to include an additional item
under "Homelessness," as follows: "$80,000 to fund a dedicated staff person for a community coordinated
response collaborative group to be charged with coordinating and maximizing services and positive outcomes for
people experiencing homelessness." Furthermore, based upon further analysis, Mayor Ferrell is recommending
that the amount requested to fund a dedicated staff person to oversee violence prevention efforts be raised from
$65,000 to $80,000.
Attachment: Amended 2019 Legislative Agenda
Options Considered:
1. Approve the Amended 2019 Legislative Agenda as presented.
2. Reject the Amended 2019 Legislative Agenda and provide further direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N/A
Committee
Initial/Date
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Amended 2019 Legislative Agenda as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2016 RESOLUTION #
2 -ZJ- I�
CITY 01
Federal Way
.; State
Leaislative Priorities
The City of Federal Way is one hundred percent committed
to the legislative agenda of the Federal Way Public
Schools (FWPS). Their issues are our issues. In particular,
we support:
• Increased Local Effort Assistance (LEA) to provide $2,500
per student
• Creation of true labor market regions to calculate funding
for regionalization
• Increase to Special Education multiplier to cover full costs of
special education
• Increased funded units in the funding model for safety
and security
• Fair funding for School Employees 1OEEEEEEES
Benefit Board (SEBB) participation .O O_1
• $100,000 to provide sheltering for homeless families with
children in Federal Way
• $50,000 to partner with a local non-profit on a trial
program whereby "panhandlers" and others experiencing
homelessness would be paid an hourly wage to work on
city improvement projects, such as has been successfully
implemented in Albuquerque, New Mexico
• $150,000 to support a comprehensive and regularly
updated online website where local/regional services
available to those in need can be easily found
• $80,000 to fund a dedicated staff person for a community
coordinated response collaborative group to
be charged with coordinating and maximizing
services and positive outcomes for people
experiencing homelessness. ,
• $1,000,000 for land acquisition west of North .
Lake on Former Weyerhaeuser Campus M
• Additional funding for police academy for more academy
classes to address the shortage of entry-level officers
• $80,000 for a work crew program in Federal Way
Recommendations of Federal Way Violence Prevention
Coalition Steering Committee (VPCSQ:
• $200,000 to launch a Resource Center for Youth in Federal
Way on the lines of the Reach Center in Tacoma
• $150,000 to fund more after-school programs for youth in
Federal Way
• $100,000 to fund youth substance abuse treatment in
Federal Way
• $80,000 to fund a dedicated staff person to oversee
violence prevention efforts
CNO
• Fund "second phase" of University of Washington study on
ultra -fine particles (UFPs) that would examine their health
impacts
• Amend RCW 53.54 to enlarge the distance from a runway
within which port districts are authorized to operate airport
noise abatement programs from six to twelve miles (HB
2497 sponsored by Rep. Pellicciotti in the 2018 session)
• Reject changes (other than deadline for final study)
to budget proviso that funded Sea -Tac Airport local
community impacts study
• Implement the recommendations of the recently completed
Washington State Legislature Joint Transportation
Committee Air Cargo Movement Study.
CITY OF
Federal Way
State =2w,=O im9--"T
Legislative Priorities
• The impact of Light Rail upon Federal Way:
Impacts and Opportunities of Being End of
Line During South Sound Expansion:
In cooperation with the University of Washington
Department of Urban Design and Planning, we are
requesting $216,000 over four years (2019-2022) for a
twelve -quarter project examining the extensive nature
of the construction of the new Federal Way LINK Light
Rail Station and subsequent related r
economic development opportunities. T SOUNDTRANSIT
• Possible Transportation Funding Priorities:
• Fund at $50 million:
• City Center Access Project that would improve
access across and to 1-5 from the planned urban
center of Federal Way's City Center area
• South 324th Street Extension that would provide
multi -modal access to and across 1-5
• Fund at $20 million:
• Improvements to the Southwest 336th -Southwest
340th Corridor, including a roundabout at
Southwest 340th Street and Hoyt Road Southwest
• Widening of South 356th between 1 st Avenue
South and SR -99 (Pacific Highway South)
• Fund at $5 million:
• Improvements to SR -509 (South Dash Point Road)
between 16th Avenue South and 9th Place South
• Construction of roundabout at State Route
99 (Pacific Highway South) and South 373rd
Street and Extension of 1 st Avenue South to the
roundabout
• Project to increase circulation and traffic capacity
in downtown Federal Way through:
• Reconstruction of South 314th Street
between Pete von Reichbauer Way South
and 23rd Avenue South
• Support for Engrossed Substitute HB 2914
that would
• Increase public awareness about proper
management of solid waste
• Direct Department of Commerce to perform
economic analysis of recycling
M
u
u
• Extension of sidewalks on South 312th
Street from Steel Lake Park going west
• Integration of Phases III and IV of the
Adaptive Traffic Control System (South
312th Street, Southwest Campus Drive, and
First Avenue South)
• Construction of sidewalk on South 336th
Street between SR -99, Pacific Highway
South and 20th Avenue South
• Construction of a southbound auxiliary lane
between South 344th Street and South 348th
Street along 16th Avenue South
• Fund at $1 million:
• Traffic Improvements to SR -509 (South Dash Point
Road), including left -turn lanes, roundabouts, or a
combination, at the following locations (each an
individual project at this funding level):
• 4th Avenue South
• Southwest 301st Street
• 12th Avenue Southwest
• Construction of a signal at 21 st Avenue South and
South 320th Street and integration into adaptive
traffic management system
8a
COUNCIL MEETING DATE: January 2,2019 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: Adopting interim land use regulations to control the provision of
telecommunications facilities within the City.
POLICY QUESTION: Should the City adopt interim land use regulations to control the provision of
telecommunications facilities within the City?
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mark Orthmann, Deputy Cit'Attorney DEPT: Law
Attachments: Ordinance
Background: The Federal Communications Commission passed new regulations that go into effect on January
14, 2019. The use of interim land use regulations is necessary to have City code in place prior to the effective
date of the federal rules. Staff will return to Council within one year to propose final code language.
Options Considered: 1. Approve the proposed ordinance.
2. Do not approve the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N/A , /a • DIRECTOR APPROVAL: ale 1212klit
Committee Ofr Cs ecu Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:
FIRST READING OF ORDINANCE AND ADOPTION (JANUARY 2): "I move approval and adoption of the
proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: ,�/
❑ APPROVED COUNCIL BILL# T I�j
O DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
O MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED— 12/2017 RESOLUTION#
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the adoption of interim land use regulations and official controls
pursuant to RCW 35A.63.220 to control the provision of
telecommunications facilities within the City; amending Chapter 19.256
FWRC. (Amending Ordinance Nos. 18-850; 15-804; 15-797; 13-754; 11-
700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43)
WHEREAS, the City of Federal Way has the authority to adopt interim land use regulations
pursuant to RCW 35A.63.220; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") provides for
review procedures applicable to the installation of wireless communication facilities in the various
zones of the City; and
WHEREAS, the City Council enacted and is in the process of updating amendments to its
franchise provision as Chapters 4.23 and 4.24 FWRC in order to conform to new federal regulations
relating to the deployment of small wireless facilities and to establish time limits known as "shot
clocks" as required by federal laws such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and
WHEREAS, federal laws and regulations set time limits on the processing of applications for
eligible facility requests to expand existing structures that do not substantially change the height or
profile of the structures used to collocate wireless communication facilities as well as small wireless
facilities; and
WHEREAS, the City Council acknowledges that the growing use of smart phones and other
personal wireless devices creates a substantial need for wireless data transmission; therefore, the City
Council deems it in the public interest to adopt the federal guidelines by separate contemporaneous
Ordinance No. 19- Page 1 of 32
action while integrating the provisions of such changes in the zoning code in order to ensure for the
speedy review of applications through administrative review; and
WHEREAS, the adoption of the contemporaneous franchise revisions and shot clocks
requires integration with the City's zoning code in order to provide for aesthetic standards and design
guidelines for small wireless deployment; and
WHEREAS, the potential conflict between state, local, and federal regulations require the use
of an interim zoning ordinance; and
WHEREAS, the City Council deems it to be in the public interest to establish time limits on
the processing of wireless facility permits known as "shot clocks" as required by federal law and
regulation such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001, and
WHEREAS, the Federal Communications Commission ("FCC") adopted a Regulatory
Ruling, Order, and Regulation ("FCC Order") governing small wireless facilities that impose
limitations on the processing of all permits associated with the deployment of small wireless
facilities; and
WHEREAS, the FCC Order will require the City to adopt aesthetic standards for such
deployments and to utilize a consolidated process emphasizing administrative review in order to
comply with federal safe harbors or presumptively reasonable time limits for review; and
WHEREAS, a public hearing was held before the City Council on January 2, 2019; and
WHEREAS, the City Council finds that the existence of federal regulations requiring the
enactment of administrative procedures and processes that will comply with the new presumptive
federal safe harbors should be in place on or before January 14, 2019 in order to comply with such
requirements; and
Ordinance No. 19- Page 2 of 32
WHEREAS, federal regulation also permits cities to enact aesthetic, design, and concealment
standards by April 14, 2019; and
WHEREAS, the City Council finds that the use of the interim zoning ordinance will allow
the City to both meet the January 14, 2019 deadline for enactment of procedures while providing a
meaningful opportunity for its citizens to give input regarding design, concealment, and other
aesthetic standards within the longer timeframe permitted by use of an interim zoning ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. For the Findings of Fact required pursuant to RCW 35A.63.220,
the City Council hereby adopts the recitals set forth above.
Section 2. Chapter 19.256 of the Federal Way Revised Code is hereby amended to read as
follows:
Chapter 19.256
WIRELESS COMMUNICATION FACILITIES
19.256.010 Introduction and exemptions.
(1) This chapter is intended to provide a regulatory structure that acknowledges telecommunication
service providers' rights and obligations under federal law. This chapter provides standards for the
review of applications to install wireless communication facilities ("WCFs") Outside of the publie
r4g13�, and aesthetic design standards for- new and feel ,,.o. ent strdetur-es as well as signifiean
deviations rr,,..v, desig.,s approved pnt to the r~,,,.,ehise and fight „f..,a for use in the (small
eel-lwireless permit3 approvalsrop cess established by Chapters 4.22 and 4.23 FWRC. The provisions
of this chapter shall be interpreted and applied in a manner consistent with state and federal law.
(2) Exemptions. The following antennas and facilities are exempt from the provisions of this chapter
and shall be permitted in all zones consistent with the applicable development standards outlined in
the use zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) WCFs used by federal, state, or local public agencies for temporary emergency
communications in the event of a disaster, or emergency preparedness, and for any other public
Ordinance No. 19- Page 3 or 32
health or safety purpose, including, by way of illustration and not limitation, any communications
systems utilized by first responders such as police or fire.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of
FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop
appurtenances — Required screening.
(c) Citizen band radios or antennas operated by federal licensing amateur ("ham") radio
operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances —
Required screening.
(d) Satellite dish antennas less than two meters in diameter, including direct -to -home satellite
services, when used as secondary use of the property; provided such antennas comply with all
applicable provisions of FWRC 19.110.050; Compliance generally;19.110.060, Exceptions; and
19.110.070 Rooftop appurtenances — Required screening.
(e) Automated meter reading ("AMR") facilities for collecting utility meter data for use in the
sale of utility services, except for WIP and other antennas greater than two feet in length; so long
as the AMR facilities are within the scope of activities permitted under a valid franchise
agreement between the utility service provider and the city.
(f) Eligible facilities requests and routine maintenance or repair of a WCF and related equipment
excluding structural work or changes in height, dimension, or visual impacts of the antenna,
tower, transmission equipment, equipment cabinet and/or transmission equipment; provided,
however, that compliance with the standards of this title is maintained. See Chapter 4.24 FWRC
for procedures related to eligible facilities request.
(g) Equipment cabinet additions or upgrades within existing equipment structures or buildings so
long as there is no material expansion of the equipment enclosure or building, or change to the
improved design or concealment element ply requirements for the WCFs. See Chapter 4.24
FWRC, Eligible Facilities Requests — Federally Required Review Periods.
19.256.020 Definitions.
For the purposes of this chapter as well as Chapters 4.23 and 4.24 FWRC, the following terms shall
have the meaning ascribed to them below. Terms not defined in this section shall be defined as set
forth in Chapter 19.05 FWRC:
"Antenna(s)" in the context of small wireless and wireless communication facilities and consistent
with 47 C.F.R. 1.1320(w) and § 1.6002(b) means an apparatus designed for the purpose of emitting
radiofrequency ("RF") radiation to be operated or operating from a fixed location pursuant to
Federal Communication Commission ("FCC") authorization for the provision of personal wireless
and any commingled information services. For the purposes of this definition, the term antenna does
Ordinance No. 19- Page 4 of 32
not include an unintentional radiator, mobile station, or device authorized by 47 C.F.R. Title 15.
"Antenna equipment," consistent with 47 C.F.R. § 1.1320(d)means equipment, switches, wiring,
cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted or installed at the same time
as the antenna.
"Antenna facilibf means an antenna and associated antenna equipment.
"Antenna height" means the vertical distance measured from average building elevation to the
highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure
to the highest point of the antenna. For replacement structures, antenna height is measured from the
top of the existing structure to the highest point of the antenna or new structure, whichever is greater.
"Approved small e-eYwireless facility": Any small eel}wireless facility that has received all required
permits.
"Base station" means a structure or equipment at a fixed location that enables FCC -licensed or
authorized wireless communication between user equipment and a communications network. The
term does not encompass a tower as defined herein nor any equipment associated with a tower. "Base
station" includes, without limitation:
(a) Equipment associated with wireless communication services as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul.
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration (including distributed
antenna systems ("DAS") and small cell networks.)
(c) Any structure other than a tower that, at the time the relevant application is filed with the city
under this section, supports or houses equipment described in subsections (a) and (b) of this
definition that has been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure was not built for the
sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed with the
city under this section, does not support or house equipment described in subsections (a) and (b)
of this definition.
Ordinance No. 19- Page 5 of 32
!,
Ment"MaRr.
"Antenna height" means the vertical distance measured from average building elevation to the
highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure
to the highest point of the antenna. For replacement structures, antenna height is measured from the
top of the existing structure to the highest point of the antenna or new structure, whichever is greater.
"Approved small e-eYwireless facility": Any small eel}wireless facility that has received all required
permits.
"Base station" means a structure or equipment at a fixed location that enables FCC -licensed or
authorized wireless communication between user equipment and a communications network. The
term does not encompass a tower as defined herein nor any equipment associated with a tower. "Base
station" includes, without limitation:
(a) Equipment associated with wireless communication services as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul.
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration (including distributed
antenna systems ("DAS") and small cell networks.)
(c) Any structure other than a tower that, at the time the relevant application is filed with the city
under this section, supports or houses equipment described in subsections (a) and (b) of this
definition that has been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure was not built for the
sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed with the
city under this section, does not support or house equipment described in subsections (a) and (b)
of this definition.
Ordinance No. 19- Page 5 of 32
Collocation.
For purposes of an eligible facilities request under the provisions of Chapter 4.24 FWRC,
"collocation" means the mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for communication
purposes.
La"Collocation" is further defined in FWRC 19.05.030 in the application of the provisions of this
title.
(3) When used in the context of Chapter 4.23 FWRC relating to small wireless facilities,
"collocation" means:
(a) Mounting or installing an antenna facility on a pre-existing structure, and/or
(b) Modifying a structure for the purpose of mounting or installing an antenna facility on that
structure.
"Concealment elements" means transmission facilities designed to look like some feature other than
a wireless tower or base station or which minimizes the visual impact of an antenna by use of
nonreflective materials, appropriate colors, and/or a concealment canister.
"Eligible facilities request" means any request for modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station, involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment; or
(c) Replacement of transmission equipment.
"Eligible support structure" means any tower or base station as defined in this section; provided, that
it is existing at the time the relevant application is filed with the city.
"Equipment structure" means a facility, shelter, cabinet, or vault used to house and protect electronic
or other associated equipment necessary for processing wireless communication signals. "Associated
equipment" may include, for example, air conditioning, backup power supplies, and emergency
generators.
"Existing" means a constructed tower or base station is existing if it has been reviewed and approved
under the applicable zoning or siting process, or under another state or local regulatory review
process; provided, that a tower that has not been reviewed because it was not in a zoned area when it
was built, but was lawfully constructed, is existing for purposes of this definition.
Ordinance No. 19- Page 6 of 32
"Service provider" shall be defined in accord with RCW 35.99.010(6). Service provider shall include
those infrastructure companies that provide telecommunications services or equipment to enable the
deployment of wireless communications.
"Small eelwireless" shall mean "small ee44wireless facility."
"Small e-eUwireless facility" and "small ee" netwefk" shall be defined as provided in 47 C.F.R. §
1.6002 1 ,r aeeefa A49 WPA 0 6 37c
"Structure" when used in the context of a small wireless facility means a pole, tower, base station, or
other building, whether or not it has an existing antenna facility, that is used or to be used for the
provision of personal wireless service (on its own or cominaled with other types of services).
Substantial Change. A modification substantially changes the physical dimensions of an eligible
support structure if it meets any of the following criteria:
(a) For towers other than towers in the public rights-of-way, it increases the height of the tower
by more than 10 her
or by the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than 10 percent or more than 10 feet,
whichever is greater;
(b) For towers other than towers in the public rights-of-way, it involves adding an appurtenance
to the body of the tower that would protrude from the edge of the tower more than 20 feet, or
more than the width of the tower structure at the level of the appurtenance, whichever is greater;
for other eligible support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six feet;
(c) For any eligible support structure, it involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for
towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the
structure, or else involves installation of ground cabinets that are more than 10 percent larger in
height or overall volume than any other ground cabinets associated with the structure;
(d) It entails any excavation or deployment outside the current site;
(e) It would defeat the concealment elements of the eligible support structure; or
(f) It does not comply with conditions associated with the siting approval of the construction or
modification of the eligible support structure or base station equipment; provided, however, that
this limitation does not apply to any modification that is noncompliant only in a manner that
would not exceed the thresholds identified above.
"Telecommunications service" shall be defined in accord with RCW 35.99.010.
Ordinance No. 19- Page 7 of 32
"Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or
authorized antennas and their associated facilities, including structures that are constructed for
wireless communication services including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixes wireless services such as microwave
backhaul and the associated site.
"Traffic signal pole" means any structure designed and used primarily for support of traffic signal
displays and equipment whether for vehicular or nonmotorized users.
"Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communication services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
"Undergrounded areas" means public rights-of-way in which wireline utilities have been located or
relocated underground.
"Utility pole" means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. The term
may include traffic signal poles when authorized by lease for the installation of small cell facilities.
19.256.0430 Federal regulatory requirements.
Eligible facilities requests, as defined in FWRC 19.256.020, shall be processed in accordance with
the time limits established by Chapter 4.24 FWRC.
(1) These provisions shall be interpreted and applied in order to comply with the provisions of
federal law. By way of illustration and not limitation, any WCF that has been certified as compliant
with all FCC and other government regulations regarding the human exposure to radio frequency
emissions will not be denied on the basis of RF radiation concerns.
(2) WCFs shall be subject to the requirements of this code to the extent that such requirements:
(a) Do not unreasonably discriminate among providers of functionally equivalent services; and
(b) Do not have the effect of prohibiting wireless communications within the city.
(3) Small wireless permits shall be processed as provided in Chapter 4.23 FWRC and the city shall
make every reasonable effort consistent with state and federal law to comply with the requirements
of 47 C.F.R. § 1.6003 and the presumptively reasonable time periods for review established therein.
19.256.0540 Small eeRwireless deployment.
Ordinance No. 19- Page 8 of 32
Small eeflwireless deployment includes small eeflwireless facilities and small eellwireless networks.
The following provisions establish aesthetic design and concealment standards for wireless
communication facilities and in appropriate situations, criteria for the establishment of standards for
small eellwireless deployments for use in permitting_ process established by Chapter 4.23 FWRC.;
pfevided, however-, that any small > >
or- small eel! netweAE eempefient that is not.
exempt from-Sv-rrrTcviEw shall rE6mply-with FWR�T
Small ee4wireless facilities other- than ., ier-eeells in the fights of way are permitted in all zones
subject to Chapter 4.23 FWRC.
19.256.0650 Aesthetic, concealment, and Ddesign and eoneealment standards for the
deployment of mall eellwireless deployments. f6eilities on utility poles in the right of
Small wireless facility deployments, whether permitted in the right -of way under Chapters 4.22 and
4.23 FWRC or permitted in accordance with this chapter, shall conform to the following design
standards:
(1) Small wireless facilities attached to existing or replacement non -wooden light poles and other
non -wooden poles in the right-of-way or non -wooden poles outside of the right-of-way shall conform
to the following design criteria:
(a) Antennas and the associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such concealment is
otherwise technically infeasible, or is incompatible with the pole design, then the antennas and
associated equipment enclosures must be camouflaged to qppear as an integral part of the pole or
flush mounted to the pole, meaning up to 12 inches off of the pole, or the minimum needed to
achieve safety clearances and antenna tile needs, and must be the minimum size necessary for the
intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the
equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the
equipment enclosure behind any banners or road signs that may be on the pole, provided that
such location does not interfere with the operation of the banners or signs.
(b) The farthest point of any antenna or equipment enclosure may not extend more than 20 inches
from the face of the pole.
(c) All conduit, cables, wires, and fiber must be routed internally in the light pole. Full
concealment of all conduit, cables, wires, and fiber is required within mounting brackets,
shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
(d) An antenna on top of an existing pole may not extend more than six feet above the height of
the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole,
unless the applicant can demonstrate that more space is needed. The antennas shall be integrate
into the pole design so that it appears as a continuation of the original pole, including colored or
Ordinance No. 19- Page 9 of 32
painted to match the pole, and shall be shrouded or screened to blend with the pole except for
canister antennas which shall not require screening. All cabling and mounting hardwarelbrackets
from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with
the pole.
(e,) Any replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole design standards utilized within the contiguous right-of-way.
(f) The height of any replacement pole may not extend more than 10 feet above the height of the
existing pole or the minimum additional height necessary_ provided that the height of the
replacement pole cannot be extended further by additional antenna height.
(g) The diameter of a replacement pole shall comply with the city's setback and sidewalk
clearance requirements and shall to the extent technically feasible, not be more than a 25 percent
increase of the existing non -wooden pole measured at the base of the pole, unless additional
diameter is needed in order to conceal equipment within the base of the pole, and shall comply
with the requirements in subsection (5)(d) of this section.
(h) The use of the pole for the siting of a small wireless facility shall be considered secondaty to
the primary function of the pole. If the primary function of a pole serving as the host site for a
small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of
accommodating the small wireless facility and the small wireless facility and all associated
equipment shall be removed.
(2) Wooden pole design standards. Small wireless facilities located on wooden poles shall conform
to the following design criteria:
(a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose
of accommodating a small wireless facility; provided, that the replacement pole shall not exceed
a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase
is required and confirmed in writing by the pole owner and that such height extension is the
minimum extension possible to provide sufficient separation and/or clearance from electrical and
wireline facilities.
(b)pole extender may be used instead of replacing an existing pole, but may not increase the
height of the existingop le by more than 10 feet, unless a further height increase is required and
confirmed in writing by the pole owner and that such height increase is the minimum extension
possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
A "pole extender" as used herein is an object affixed between the pole and the antenna for the
purpose of increasing the height of the antenna above the pole. The pole extender shall be
painted to approximately match the color of the pole and shall substantially match the diameter
of the pole measured at the top of the pole.
(c) Replacement wooden poles must either match the approximate color and materials of the
replaced pole or shall be the standard new wooden pole used by the pole owner in the city.
Ordinance No. 19- Page 10 of 32
d Antennas equipment enclosures and all ancillary equipment, boxes and conduit shall be
colored or painted to match the approximate color of the surface of the wooden pole on which
they are attached.
(e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(fl Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple
antennas are permitted on a wooden pole provided that each antenna enclosure shall not be more
than three cubic feet in volume.
(g) A canister antenna may be mounted on top of an existing wooden pole, which may not
exceed the hei hg t requirements described in subsection 2(a) above. A canister antenna mounted
on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and shall
be colored or painted to match the pole. The canister antenna must be placed to look as if it is an
extension of the pole. In the alternative, the applicant may propose a side mounted canister
antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of
the wooden pole. All cables shall be concealed either within the canister antenna or within a
sleeve between the antenna and the wooden pole.
(h) The farthest point of any antenna or equipment enclosure may not extend more than 20 inches
from the face of the pole.
6) An omni -directional antenna may be mounted on the top of an existing wooden pole, provided
such antenna is no more than four feet in height and is mounted directly on the top of a pole or
attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as
technically feasible. All cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
(l) All related equipment, including but not limited to ancillary equipment, radios, cables,
associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be
mounted more than six inches from the surface of the pole, unless a further distance is
technically required, and is confirmed in writing by the pole owner.
(k) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise
permitted to be ground mounted pursuant to subsection (5)(a) of this section. The equipment
must be placed in the smallest enclosure possible for the intended purpose. The equipment
enclosure and all other wireless equipment associated with the utility pole, including wireless
equipment associated with the antenna, and any pre-existing associated equipment on the pole,
may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to
more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet. The
applicant is encouraged to place the equipment enclosure behind any banners or road signs that
may be on the pole, provided that such location does not interfere with the operation of the
banners or signs.
Ordinance No. 19- Page I I of 32
(1) An applicant who desires to enclose both its antennas and equipment within one unified
enclosure may do so, provided that such enclosure is the minimum size necessary for its intended
purpose and the enclosure and all other wireless equipment associated with the pole, including
wireless equipment associated with the antenna and any pre-exiting associated equipment on the
pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches
from the surface of the pole, unless a further distance is required and confirmed in writingbythe
pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an
integrated ted part of the pole or behind banners or sigi s, provided that such location does not
interfere with the operation of the banners or signs.
(m) The visual effect of the small wireless facility on all other aspects of the appearance of the
wooden pole shall be minimized to the greatest extent possible.
(n) The use of the wooden pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primacy function of a pole serving as the host
site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole
purpose of accommodating the small wireless facility and the small wireless facility and all
associated equipment shall be removed.
(o) The diameter of a replacement pole shall comply with the City's setback and sidewalk
clearance requirements and shall not be more than a 25 percent increase of the existingutility
pole measured at the base of the pole.
(p) All cables and wires shall be routed through conduit along the outside of the pole. The
outside conduit shall be colored or painted to match the pole. The number of conduit shall be
minimized to the number technically necessary to accommodate the small wireless facility.
(3) Small wireless facilities attached to existing buildings, shall conform to the following design
criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building's architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) New architectural features such as columns, pilasters, corbels, or other ornamentation that
conceal antennas may be used if it complements the architecture of the existingbuilding.
uilding.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to
provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal
mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas_.
Exposed cabling/wiring is prohibited.
M Small wireless facilities shall be painted and textured to match the adjacent building surfaces.
Ordinance No. 19- Page 12 of 32
(4) Small wireless facilities mounted on cables strung between existingutility poles shall conform to
the following standards.
(a) Each strand mounted facility shall not exceed three cubic feet in volume,
(b) Only one strand mounted facility is permitted per cable between any two existing poles on an
existing cable;
(c) The strand mounted devices shall be placed as close as possible to the nearest utility pole, in
no event more than five feet from the pole unless a greater distance is technically necessaror is
required by pole owner for safety clearance,
(d) No strand mounted device shall be located in or above the portion of the roadway open to
vehicular traffic;
(e) Ground mounted equipment to accommodate a shared mounted facility is not permitted
except when placed in pre-existing equipment cabinets; and
(f) Pole mounted equipment shall comply with the requirements of subsections (1) and (2) of this
section.
(g) Such strand mounted devices must be installed to cause the least visual impact and without
excess exterior cabling or wires (other than the original strand).
(5) General requirements.
(a) Ground mounted equipment in the rights-of-way is prohibited, unless such facilities are
placed underground or the applicant can demonstrate that pole mounted or undergrounded
equipment is technically infeasible. Ifrg_ound mounted equipment is necessary, then the applicant
shall comply with the concealment element requirements pursuant to FWRC 19.256.050(6).
Generators located in the rights-of-wawprohibited.
(b) No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC.
(c) Small wireless facilities are not permitted on traffic signal lal poles unless denial of the siting
could be a prohibition or effective prohibition of the applicant's ability to provide
telecommunications service in violation of 47 U.S.C. § 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act,
City construction and sidewalk clearance standards, city ordinance, and state and federal laws
and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the
location of any replacement or new pole must: be physically possible, comply with applicable
traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control
devices), and not adversely affect the public welfare, health, or safety.
Ordinance No. 19- Page 13 of 32
(e) Replacement poles shall be located as near as possible to the existing pole with _the
requirement to remove the abandoned pole.
M No signage, message, or identification other than the manufacturer's identification or
identification required by governing law is allowed to be portrayed on any antenna or equipment
enclosure. Anypermitted signage shall be located on the equipment enclosures and be of the
minimum amount possible to achieve the intended purpose (no larger than four by six inches);
provided that, signs are permitted as concealment element techniques where appropriate.
(g) Antennas and related equipment shall not be illuminated except for security reasons, required
by a federal or state authority, or unless approved as part of the required concealment element
requirements pursuant to FWRC 19.256.050(6).
(h) Side arm mounts for antennas or equipment must be the minimum extension necessary, and
for wooden poles may be no more than 12 inches off the pole, and for non -wooden poles no
more than six inches off the pole.
(i) The preferred location of a small wireless facility on a pole is the location with the least
visible impact.
(i) Antennas, equipment enclosures, and ancillary equipment, conduit and cable, shall not
dominate the structure or pole upon which they are attached.
(k) Except for locations in the right-of-way, small wireless facilities are not permitted on any
property containing a residential use in residential zones.
(1) The City may consider the cumulative visual effects of small wireless facilities mounted on
poles within the rights-of-way in when assessing proposed siting locations so as to not adversely
affect the visual character of the City. This provision shall neither be applied to limit the number
of permits issued when no alternative sites are reasonably available nor to impose a technological
requirement on the applicant.
(m) These design standards are intended to be used solely for the purpose of concealment and
siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a
particular technology. When strict application of these requirements would unreasonably impair
the function of the technology chosen by the applicant, alternative forms of concealment or
deployment may be permitted which provide similar orreg_ater protections from negative visual
impacts to the streetscape.
(6) New poles in the rights-of-way for small wireless facilities and installations in a Design District.
(a) New poles within the rights-of-way are only permitted if the applicant can establish that:
Ordinance No. 19- Page 14 of 32
(i) The proposed small wireless facility cannot be located on an existing utility pole or light
pole, electrical transmission tower or on a site outside of the public rights-of-way such as a
public park, public property, building, transmission tower or in or on a non-residential use in
a residential zone, whether by roof or panel -mount or separate structure;
(ii) The proposed small wireless facility receives approval for a concealment element design,
as described in this section;
(iii) The proposed small wireless facility also complies with Shoreline Management Act,
Growth Management Act, and State Environmental Policy Act, if applicable; and
(iv) No new poles shall be located in a critical area or associated buffer required by the city's
Environmentally Critical Areas ordinance, Chapter 19.145 FWRC, except when determined
to be exempt pursuant to said ordinance.
(b) An application for a new pole is subject to Process I review, Chapter 19.55 FWRC.
(c) The concealment element design shall include the design of the screening, fencing, or other
concealment technology for a tower, pole, or equipment structure, and all related transmission
equipment or facilities associated with the proposed small wireless facility, including but not
limited to fiber and power connections.
(d) The concealment element design should seek to minimize the visual obtrusiveness of the
small wireless facility. The proposed pole or structure should have similar designs to existing
neighboring poles in the rights-of-way, including similar height to the extent technically feasible.
If the proposed small wireless facilityplaced on a replacement pole in a Design District, then
the replacement pole shall be of the same general design as the pole it is replacing, unless the
director otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic the
design of such pole and integrate the small wireless facility into the design of the decorative pole.
Other concealment methods include, but are not limited to, integrating the installation with
architectural features or building designponents, utilization of coverings or concealment
devices of similar material, color, and texture—or the appearance thereof—as the surface against
which the installation will be seen or on which it will be installed, landscape design, or other
camouflage strategies appropriate for the type of installation. Applicants are required to utilize
designs in which all conduit and wirelines are installed internally within the structure. Further,
applicant designs should, to the extent technically possible comply with theeng erallygpplicable
design standards adopted pursuant to this section.
(i) If the Director has already approved a concealment element design either for the applicant
or another small wireless facility along the same public right-of-way or for the same pole
Vie, then the applicant shall utilize a substantially similar concealment element design,
unless it can show that such concealment element design is not physically or technologically
feasible, or that such deployment would undermine the generally applicable design standards.
Ordinance No. 19- Page 15 of 32
(e) Even if an alternative location is established pursuant to subsection (a)(i) of this section, the
Director may determine that a new pole in the right-of-way is in fact a superior alternative based
on the impact to the City, the concealment element design, the City's Comprehensive Plan and
the added benefits to the community.
(f) Prior to the issuance of a permit to construct a new pole or ground mounted equipment in the
right-of-way, the applicant must obtain a site-specific agreement from the City to locate such
new pole or ground mounted equipment. This requirement also applies to replacement poles that
are higher than the replaced pole, and the overall height of the replacement pole and the proposed
small wireless facility is more than 60 feet.
(g) These design standards are intended to be used solely for the purpose of concealment and
siting. Nothing herein shall be interpreted or applied in a manner that dictates the use of a
particular technology. When strict application of these requirements would unreasonably impair
the function of the technology chosen by the applicant, alternative forms of concealment or
deployment may be permitted that provide similar or$reater protections of the street scape.
Ordinance No. 19- Page 16 of 32
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Ordinance No. 19- Page 18 of 32
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Ordinance No. 19- Page 19 of 32
19.256.0760 Small eeHwireless facilities attached to existing buildings.
Small eeRwireless facilities attached to existing buildings shall conform to the following design
criteria:
(1) Small eel}wireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building's architectural theme.
(2) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(3) New architectural features such as columns, pilasters, corbels, or other ornamentation that
conceal antennas may be used if it complements the architecture of the existing building.
(4) Small eell-swireless facilities shall utilize the smallest mounting brackets necessary in order to
provide the smallest offset from the building.
(5) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal
mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas.
Exposed cabling/wiring is prohibited.
(6) Small eel4wireless facilities shall be painted and textured to match the adjacent building surfaces.
Ordinance No. 19- Page 20 of 32
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Ordinance No. 19- Page 20 of 32
(7) Ne signage, message, or- identifieafien ethef than the fflanufaeturer-'s idenfifieation Of
identifieation Fequifed by geveming law is allowed te be pei4fayed en any antenna, and any sueh
(8) Antennas and r-ela4ed equipment shall net be illuminated exeept fef ms, fe"ir-ed by
a federal E)r- state auther-ity, of unless appfeved as pai4 of a eefleealfftent element plan.
(9) Side afm meonts for- antennas . . . t are prohibit ,
(! 0) The pfefefr-ed leea4ien of a small eel! faeility en a pole is the leeation with the least Visibi-e
(11) Ante nent
shall not.
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rights ef way when a . — . Pesed siting leeations so as te not advefsely affeet the visual
ehar-aeter- ef the eity. This py-evisien shall neither- be applied te limit the number- of peffflits issi
i d e
(13) These design standards are intended te be used selely fer- the pufpese of eeneealmepA and siting.
pefmitted whieh provide similar- or- greater- pfeteetions ffem negative vistial impaets to t
str-eetseape thfeiigh develepmeRt ef a eoneealment element plan pur-stiant te PAIRC 19.256. 150.
(14) it is the stated pohey of the eity that utilifies shall be undefgfound. See e.g., PAIRC 19.13 .
eemffluiiieatian f4eilifies and may be installed only after- Pfeeess 11 feview fer- eamplianee with
FWRG 19-56.140.
19.256.-1070 Ground -mounted equipment — ADA compliance required.
In areas of the city in which have been undergrounded (undergrounded areas), in design zones, and
where necessary to permit full use of the public right-of-way by pedestrians, bicycles and other users,
all ground -mounted equipment shall be undergrounded in a vault meeting the city's construction
standards to the extent feasible. The location of ground -mounted equipment (to the extent
undergrounding such equipment is not technologically feasible), a replacement pole and/or any new
pole shall comply with the Americans with Disabilities Act ("ADA"), city construction standards,
and state and federal regulations in order to provide a clear and safe passage within the public right-
of-way.
Ordinance No. 19- Page 21 of 32
19.256.44080 Designated design zones.
Design zones. The following zones are designated as design zones for the purpose of the application
of the provisions of Chapters 4.23, 4.24, and 19.256 FWRC:
(1) City center core (CC -C);
(2) City center frame (CC -F);
(3) Designated landmark districts;
(4) Shefeliflejtir-isdiefieii7
19.256.373090 Wireless communication facilities and monopoles loeated outside of the AgM of
Monopoles and other wireless communication facilities other than small wireless facilities leeated
outside afthe ptibl e fights of ..,a shall be processed as Process II applications. See Chapter 19.60
FWRC.
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Ordinance No. 19- Page 22 of 32
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19.256.1600 Major impact wireless communication facilities.
A major impact wireless communication facility ("major WCF") includes all larger scale WCFs
19.256.050 thfatigh . Such facilities include monopoles, lattice towers, micro and macro
cells, roof mounted and panel antennas, and other similar facilities unless defined as eligible
facilities requests subject to Chapter 4.24 FWRC or permitted as small wireless facilities pursuant to
Chapter 4.23 FWRC.
The following sites shall be the required order of location for proposed major WCFs, including
antenna and equipment structures. In proposing a major WCF in a particular location, the applicant
Ordinance No. 19- Page 23 of 32
shall analyze the feasibility of locating the proposed major WCF in each of the higher priority
locations and document, to the city's satisfaction, why locating the major WCF in each higher
priority location and/or zone is not being proposed. In order of preference, the prioritized locations
for major WCFs are as follows:
(1) Structures located in the BPA trail. A major WCF may be located on any existing support
structure currently located in the easement upon which are located U.S. Department of
Energy/Bonneville Power Administration ("BPA") power lines regardless of underlying zoning.
(2) Existing broadcast, relay, and transmission towers. A major WCF may be located on an existing
site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing
site or tower is located within a half -mile radius of a proposed major WCF location, the applicant
shall document why collocation on the existing site or tower is not being proposed, regardless of
whether the existing site or tower is located within the jurisdiction of the city.
(3) Institutional structures. If the city, institutional uses, or other public agency consents to such
location, a major WCF may be located on existing structures, such as water towers, utility structures,
fire stations, bridges, churches, schools, and other public buildings within all zoning districts,
provided the public facilities are not located within public rights-of-way.
(4) Appropriate zoning districts. A major WCF may be located in or on other public or private
property, buildings, or structures within nonresidential zoning districts as allowed by the zoning
chart.
(5) If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a
prioritized location, or as expressly allowed by the zoning chart, the city reserves the right to approve
alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as
determined by the city through a Process III review using the appheable following test: Would denial
of the application effectively prohibit the provision of service in violation of 47 U.S.C. § 253 and/or
§ 332?
19.256.1710 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
major wireless communication facility:
(1) Building- or structure -mounted major WCFs on existing buildings or structures outside of the
public right -of --way. WCFs mounted on existing buildings and structures shall conform to the
following development standards:
Ordinance No. 19- Page 24 of 32
(a) A major WCF that exceeds the minor facility thresholds for number of antennas, dimensions,
and/or area, but creates no more adverse impacts than a minor facility, as determined by the
director, subject to meeting all of the following standards:
(i) The facility shall utilize the least intrusive means of closing a significant gap in service
coverage or capacity;
(ii) The equipment cabinet for the major WCF shall meet all requirements of subsection (4)
of this section; and
(iii) The maximum size of the major WCF panels and number of antennas shall be
determined by the director, based on the specific project location, surrounding environment,
and potential visual impacts; and
(iv) The major WCF shall comply with all other applicable standards of this code.
(b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing structure
is in conformance with the existing maximum height of the underlying zone as outlined in the
use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas maybe mounted to
rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond
15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H
definitions.
(c) The antennas are mounted on the building or structure such that they are located and designed
to minimize visual and aesthetic impacts to surrounding land uses and structures.
(d) It is the applicant's responsibility to prove that the maximum size of the major WCF panels
and number of antennas is the minimum size necessary.
(e) Within residential zones, equipment enclosures, and buildings to house equipment cabinets
located above ground on properties adjacent to the public right-of-way shall meet all applicable
setback requirements for residential development of the underlying zone. For developed sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be those of the
principal use of the subject property. For undeveloped sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
(2) New freestanding major WCFs. All requirements of the associated land use zoning charts must be
met. Additionally, these structures shall conform to the following site development standards:
(a) Placement of a freestanding major WCF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the collocation of four or more providers as part of a joint
permit application.
Ordinance No. 19 -
Page 25 of 32
(c) In no case shall a freestanding major WCF be located closer than 500 feet to an existing
freestanding major WCF whether it is owned or utilized by the applicant or another provider.
(d) A freestanding major WCF, including the support structure and associated electronic
equipment, shall comply with all required setbacks of the zoning district in which it is located.
For developed sites, the setback requirements shall be those of the principal use of the subject
property. For undeveloped sites, the setback requirements for new freestanding major WCFs
shall be 20 feet for front, side, and rear yards.
(e) Freestanding major WCFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total WCF as possible from prevalent
views; and/or
(ii) Use existing site features as a background so that the total major WCF blends into the
background with increased distances.
(f) In reviewing the proposed placement of a facility on the site and any associated landscaping,
the city may condition the application to supplement existing trees and mature vegetation to more
effectively screen the facility.
(3) Standards for electronic cabinets. Electronic cabinets shall either:
(a) Be placed in a new or existing completely enclosed building. It is the applicant's
responsibility to prove that the maximum size of the building is the minimum size necessary to
house the equipment; or
(b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's
responsibility to prove that the maximum size of the building is the minimum size necessary to
house the equipment.
If the equipment cabinet is located within a new enclosed building, the building shall conform to all
applicable development standards and design guidelines for the underlying zone. The enclosed
building shall be architecturally designed and shall be compatible with existing buildings on the site.
The enclosed building shall be screened to the greatest extent possible from any street and/or
adjacent properties by landscaping and/or topography.
(4) Standards for equipment enclosures.
(a) Electronic equipment enclosures shall not be allowed within the right-of-way, except for
small eel-lwireless facilities permitted pursuant to Chapter 4.23 FWRC as conforming to the
design and concealment standards of this chapterFWRG 19.256.060 and mounted an utility
Ordinance No. 19- Page 26 of 32
(b) In residential zones, equipment enclosures located above ground on properties adjacent to the
public right-of-way shall meet all applicable setback requirements for residential development of
the underlying zone. For developed sites in nonresidential zones, the setback requirements for the
equipment enclosure shall be those of the principal use of the subject property. For undeveloped
sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20
feet for front, side, and rear yards; however, for undeveloped sites in nonresidential zones, if the
applicant can demonstrate that the equipment enclosure can blend in harmoniously with the
existing site and complement the landscape buffer requirements of the underlying zone, as
determined appropriate by the director of community development, the equipment enclosure can
be located inside of the 20 -foot setback but outside of the required landscaping buffer of the
underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
(d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact vehicular sight distance.
(5) Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
(c) Chain-link fences shall be painted or coated with a nonreflective color.
(6) Cumulative effects. The city shall consider the cumulative visual effects of WCFs mounted on
existing structures and/or located on a given permitted site in determining whether additional permits
may be granted so as to not adversely affect the visual character of the city.
(7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification, hazard warning, and name of
provider.
(8) Use zone charts, height and permit process.
(a) Except for approval of small wireless permitsnew oles ;,,'i,o �r"''''�the final
approval authority for applications made under this section shall be defined by the appropriate
permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations. New -pole fequests in the publie rights of way shall be r-eviewed pufsuaflt to P
11, Chaptef 19.60 > >
and afe not land use aetiens subjeet
Ordinance No. 19- Page 27 of 32
(b) Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
19.256.1820 Nonconformance.
Permit applications made under this section to locate a WCF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC,
Nonconformance, to bring the property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC 19.30.110.
(2) To bring the property into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of
FWRC 19.30.120 to bring the property into conformance with the development regulations
prescribed in FWRC Title 16 relating to water quality shall apply.
19.256.1930 Temporary wireless communication facilities.
As determined by the director of community development, a temporary wireless communication
facility, or cell -on -wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding WCF which has been approved
through the appropriate permit process; provided, however, that the temporary wireless
communication facility or cell -on -wheels creates no more adverse impacts than the WCF which was
approved through the appropriate permit process. Only one temporary wireless communication
facility or cell -on -wheels shall be permitted for a single site.
(2) For a period of time determined to be appropriate by the director, during an emergency declared
by the city, state, or federal government.
(3) Prior to installation of the temporary WCF, the applicant shall provide the city with a cash bond
in an amount to be determined by the director of community development in order to guarantee
performance of future removal and restoration of the site.
19.256.2-0140 Application requirements.
Ordinance No. 19- Page 28 of 32
(1) Except for temporary WCFs, permit applications for major WCFs made under this chapter shall
include the following minimum information in addition to that required for the underlying permit
review process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photo simulations of the proposed facility from affected properties and public rights-of-way
at varying distances. These photo simulations should include examples of camouflage and stealth
installation options.
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed major WCF at the requested height and an explanation of
the need for that facility at that height and in that location.
(e) An inventory of other major WCF sites operated by the applicant or other providers within a
half -mile radius of the proposed major WCF location.
(f) A site/landscaping plan showing the specific placement of the major WCF on the site;
showing the location of existing structures, trees, and other significant site features; and
indicating type and locations of plant materials used to screen WCF components.
(g) If the major WCF electronic equipment cabinet is proposed to be located above ground, an
explanation of why it is impracticable to locate the cabinet underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
implement this chapter and to require that such information, studies, mapping, materials,
inspections, and reviews be reviewed by a qualified professional under contract to the city, also
at the applicant's expense.
(2) Permit applications for temporary WCFs shall include the following minimum information:
(a) Documentation of previously permitted facility, if applicable.
(b) Site plan showing proposed location of temporary WCF in relationship to the location of the
previously permitted facility and property boundaries, including dimensions from the property
lines and height of proposed facility.
(c) Mockups or other visual representations of the proposed facility.
19.256.150 Collocation.
Ordinance No. 19- Page 29 of 32
(1) A permittee shall cooperate with other WCF providers in collocating additional antennas on
support structures and/or on existing buildings and sites, provided said proposed collocatees have
received a permit for such use at said site from the city. A permittee shall allow other providers to
collocate and share the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether a permittee has exercised good faith in
accommodating a new applicant, the city may require a third party technical study at the expense of
the permittee. Failure to comply with this provision may result in a revocation of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the potential collocation of
additional major WCF equipment by other providers on the applicant's structure or within the same
site location shall be submitted by the applicant as part of the permit application. If an applicant
contends that future collocation is not possible on their site, they must submit a technical study
documenting why.
19.256.24160 Removal of facility.
(1) Abandonment and removal. The owner or operator of a WCF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionally, the owner or operator of a WCF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the WCF is abandoned. The abandoned WCF shall be
removed by the facility owner within 90 days of the date the WCF is abandoned, the permit is
revoked, or if the facility falls into disrepair and is not maintained, as determined by the city.
Disrepair includes structural features, paint, landscaping, or general lack of maintenance that could
result in adverse safety or visual impacts. If there are two or more users of a single tower, then the
city's right to remove the tower shall not become effective until all users abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any major WCF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no
longer in use, the major WCF shall be considered partially abandoned. The owner or operator of any
partially abandoned major WCF shall notify the city in writing of the partial abandonment of a
particular facility within 30 days of the date the major WCF is partially abandoned. The owner of the
WCF shall have 120 days from the date of partial abandonment to collocate another service on the
major WCF. If another service provider is not added to the major WCF within the allowed 120 -day
collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that
portion of the supporting structure that exceeds the point at which the highest operational antenna is
mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility
upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon
Ordinance No. 19- Page 30 of 32
the property owner on which the abandoned or partially abandoned facility is located. The city may
enforce this subsection using the procedures as set forth in Chapter 1.15 FWRC.
19.256.170 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of the
following reasons:
(1) Failure to comply with any federal, state, or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a
permit;
(3) When the permit was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other major WCF providers in collocation efforts as required by this
chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to
determine if the permit shall be revoked as it used to grant the permit.
Section 3. Duration. These interim land use controls enacted by this ordinance shall be in
effect for one year following the effective date of this ordinance, and may be renewed as provided by
law.
Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
Ordinance No. 19- Page 31 of 32
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
520
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 19- Page 32 of 32
COUNCIL MEETING DATE: January2,2019 ITEM#: ��
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: Amending regulations relating to small wireless deployments,franchising,and
small wireless permits in the City's rights-of-way.
POLICY QUESTION: Should the City amend Chapters 4.22, 4.23, and 4.24 FWRC relating to small wireless
deployments, franchising, and small wireless permits in the City's rights-of-way?
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
Fl Consent ® Ordinance ❑ Public Hearing
— City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mark Orthmann, Deputy City Attorney DEPT: Law
Attachments: Ordinance
Background: The Federal Communications Commission passed new regulations that go into effect on January
14, 2019 and the City must have code updates completed by this date to comply with the federal rules. These
franchising provisions control how companies may access the City's rights-of-way and the process for
franchising and permitting. This ordinance is presented for consideration concurrently with the interim land use
regulations because the two ordinances are integrated and work hand-in-hand to regulate small wireless facilities
in both the public right-of-way and on other property.
Options Considered: 1. Approve the proposed ordinance.
2. Do not approve the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N/A ,49' d/�� DIRECTOR APPROVAL: e 12124111
Committee C Incl Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:
FIRST READING OF ORDINANCE AND ADOPTION (JANUARY 2): "I move approval and adoption of the
proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL# GC)kk
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—12/2017 RESOLUTION#
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
small wireless deployments, franchising, and small wireless permits in
the City's rights-of-way and federally required review periods;
amending Chapter 4.22 FWRC, Chapter 4.23 FWRC, and FWRC
4.24.040. (Amending Ordinance Nos. 18-851; 17-833)
WHEREAS, Title 4 of the Federal Way Revised Code addresses the use of City of Federal
Way ("City") property and franchise procedures; and
WHEREAS, the deployment of small wireless facilities in the public right-of-way is a matter
of great importance to the City as the steward of the public rights-of-way; and
WHEREAS, the deployment of small wireless facilities is necessary to provide the wireless
services that the citizens of the City require in order to carry on their personal and private business;
and
WHEREAS, the Federal Communications Commission as well as federal law have
established presumptively reasonable time limits known as "shot clocks" pursuant to regulations
such as 47 U.S.C. § 1455(a) and 47 C.F.R. §§ 1.40001 and 1.6003; and
WHEREAS, federal and state law set time limits on the processing of applications for aspects
of small wireless deployment including franchising, permitting, and eligible facilities requests; and
WHEREAS, the City Council deems it to be in the public interest to amend both its
franchising provisions to expedite franchising and permitting, and its zoning code, specifically
Chapter 19.256 FWRC, to facilitate the deployment of small wireless facilities.
Ordinance No. 19- Page 1 of 15
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 4.22.030 is hereby amended to read as follows:
4.22.030 Application — Contents.
The director is authorized to establish an application form or forms appropriate for
telecommunications entities, public utilities, and other qualified service providers to apply for a
franchise. The form shall contain at a minimum:
(1) Information identifying the applicant, its corporate or other organizational structure, and the
agent or individual filling out the application.
(2) Property and facility information, including, but not limited to:
(a) The nature of the application as an application for a new franchise, an application for
renewal or amendment, or an application for the transfer of a franchise.
(b) A description of the specific services that the applicant expects to provide within the city
including whether the services will be provided to the general public, to commercial and/or
residential customers, or to other utilities and service providers.
(c) A general description of the facilities to be located in the right-of-way including, but not
limited to, wireline facilities, cable wireless, and telecommunications service facilities,
conduits, pipelines, and other facilities appropriate to the specific utility or service provider's
utilization of the right-of-way.
(d) Where appropriate, information relating to pole attachment or lease agreements with the
owners of other facilities located in the right-of-way.
(e) Any licenses, certificates, or authorizations required from the Federal Communications
Commission, the Washington Utilities and Transportation Commission, and any other federal
or state agency with jurisdiction over the proposed activities to be conducted in the right-of-
way.
(f) Information relating to utility taxes including a description of the services provided and
any and all state and local taxes which may apply.
(g) The service area for which the franchise is requested, including a map of the area to be
covered by the franchise and specific locations of the initial build out and, if known,
proposed future build out locations including which proposed facilities will be underground,
ground based, and/or aerial. The applicant may designate the entire city at its discretion or
any portion thereof as the franchise area.
Ordinance No. 19- Page 2 of 15
(h) Upon request from the city, financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's financial ability to construct,
operate, maintain, relocate, and remove its facilities. This provision shall not apply when
prohibited by the Federal Telecommunications Act.
(i) An illustrative list of a1 cities or towns in which the applicant holds a franchise including
up to the last five Washington cities or towns in which a franchise has been granted as well as
all cities in which a franchise has been revoked.
0) For franchises authorizing small c-e4wireless deployment, siecif�whether and where
small eel4wireless facilities are to be located on existin utility poles, including city -owned
light standards included in the definition of utility pole, or will utilize replacement utility
poles, new poles, towers, and/or other structures. To the extent known, conduit and/or
ground -mounted equipment necessary for and intended for use in the deployment shall also
be specified regardless of whether the additional facilities are to be constructed by the
applicant or leased from an infrastructure provider. Detailed sehe, aties and visual r-eade
(k) Such other information as the director, in his/her discretion, shall deem appropriate.
Section 2. FWRC 4.22.050 is hereby amended to read as follows:
4.22.050 Completeness — Review and notification for franchise applications.
(1) Franchise applications — Rule of general applicability. The director or his/her designee shall
review a franchise application for completeness and notify the applicant within 30 days of receipt
of the application whether the application is complete; provided, however, that an applicant may
consent to a different completeness review period. A service provider may resubmit an
incomplete application within 90 days of notice by the director. Failure to resubmit an
application in a timely manner shall be deemed a withdrawal of that application. NO appheatien
J11U11 be deemed eeffiplete t the fee deposit set by FWRC .
(2) Franchises for deployment of small wireless facilities. The completeness of an application for
deployment of small wireless facilities and the calculation of all applicable time periods shall be
determined in accord with the requirements of 47 C.F.R. § 1.6003(d). The director shall review
an application for completeness and notify the applicant in writing within 10 days of submission
whether the application is complete, provided that an applicant may consent to a different
completeness review period. The notice shall identifv the missing documents or information.
(3) No application shall be deemed complete without the fee deposit set by FWRC 4.22.040.
Ordinance No. 19- Page 3 of 15
(4) The applicant shall be notified in writing of the approval or denial of the application.
Section 3. FWRC 4.22.055 is hereby amended to read as follows:
4.22.055 Public comment.
The city shall provide notice of a complete application for a franchise on the city's website with a
link to the franchise application. The notice shall include an email contact and telephone number
for the applicant to answer citizen inquiries.
v
depleyffient. The eity shall post meeting nefiees, if any, fbf infefma4ienal meetings en its
website. These meetings afe This notice is for the public's information and are is neither a notice
of hearings nor part of any land use appeal process.
Section 4. Chapter 4.23 of the Federal Way Revised Code is hereby amended to read as
follows:
Chapter 4.23
SMALL CELLWIRELESS DEPLOYMENT: SMALL GE-LLWIRELESS PERMITS
4.23.010 Overview; Application and review process.
The city and applicant for a franchise and other permits associated with the deployment of small
wireless facilities face challenges in coordinating_ applicable legislative and administrative processes
under the Federal Communications Commission ("FCC") regulations. A franchise for the use of the
city's right-of-way is a contract that requires approval by the City Council. Permits to exercise those
rights under a franchise and to install small wireless facilities on private property are considered in a
parallel consolidated administrative process. FCC regulations provide safe harbor time periods as
well as completeness requirements that apply to all approvals relating to a small wireless facility
deployment. Time limitations governing the process are triggered red by the applicant's submittal of
Uplications for the deployment. Accordingly, all parts of an application for a master permit to
deploy small wireless facilities must be considered in order to determine completeness. Applicants
are encouraged and expected to provide all related applications in one submittal.
(1) Application Process. The director is authorized to establish franchise and other application forms
to gather the information required by these ordinances from applicants and to determine the
completeness of the application process as provided herein.
(a) Franchise. The process typically begins with and depends upon approval of a franchise for the
use of the public right-of-way to deploy small wireless facilities if any portion of the applicant's
facilities are to be located in the right-of-way. The application for a franchise is designated as
Part A of the application. An applicant with a valid franchise for the deployment of small
wireless facilities in the City may proceed to apply for small wireless facilities permit and related
approvals (Parts B and C of the permitting process respectively). An applicant at its option may
Ordinance No. 19- Page 4 of 15
utilize phased development. Because franchises are required by federal law to be competitively
neutral, the City has established a franchise format for use by all right-of-way users. The format
contains the basic requirements for the use of right-of-way. Consideration of the franchise
application is a legislative act of the City Council. Consideration by the City Council shall run
parallel with other necessary administrative approvals and approval or possession of a franchise
is a requirement for any small wireless facility deployment seeking to use the public right-of-
way.
ihway.
(b) Small Wireless Permits. Part B of the application process requires specification of all small
wireless facility components and their sites. Each component shall be described in detail as
provided in these ordinances. Any request for deviation that is known to the applicant or which,
through the exercise of reasonable diligence on the part of the applicant could be discovered,
whether minor or significant, from adopted city standards, shall be set forth in the application.
() Associated Permit(s). Part C of the application shall attach all associated permits such as
applications or checklists required under Title 15 FWRC, Title 14 FWRC, and Chapter 19.145
FWRC. Applicants for deployment of small wireless facilities in city design districts or
underground areas shall provide appropriate concealment as provided in FWRC 19.256.050(6).
(d) Construction in the Right -of -Way. Small wireless facilities installed pursuant to an approved
master permit (both a franchise and a small wireless permit) or a small wireless permit approved
separately for an existing franchisee may proceed to install the approved specific facilities. A
small wireless permit functions as a right-of-way use permit issued pursuant to Chapter 4.25
FWRC and shall meet the requirements and expire as provided therein.
(e) Later Discovered Deviations. Recognizing that each utility pole represents a unique
environment for the installation of small wireless facilities, if a deviation, whether minor or
significant, is required from the standards of the FWRC in order to install a small wireless
facility on any structure, and such deviation was not approved as part of the master permit or
small wireless permit process, an application shall be filed for the amendment of the initial small
wireless permit. Administrative review of the request for deviation shall be processed as
provided herein. Such an amended application shall be considered a new application and
completeness, review and all applicable time periods for review shall commence anew.
(fl Leases. A wireless service provider who wishes to attach to any utility pole or other structure
or building owned by the City shall include an application for a lease(s) or component of its
application. The Director is authorized to administer a lease review process, develop an
application form and approve leases in the form approved for general use by the City Council for
any utility pole or other structure in the right-of-way, including a new utility pole or structure.
The installation shall conform to the standards adopted in FWRC 19.256.050 or with an
approved minor deviation. Leases for the use of other public property, buildings, or facilities
including any park land or facility shall be submitted to the City Council for approval. Any
approval identified in the initial application process shall be considered by the City Council in
Ordinance No. 19- Page 5 of 15
conjunction with its consideration of the franchise. Applications submitted at later dates shall be
considered by the director or the City Council as provided herein under a separate review
process.
(2) Completeness. Any and all parts of an application for the deployment of small wireless facilities
including but not limited to franchise, small wireless permits, and all associated permits shall be
submitted at one time in order that their completeness may be considered. An applicant seeking to
phase deployment of a small wireless facilities system may identify the intended phasing in the
franchise application process. Franchisees with a valid franchise to deploy small wireless facilities
may pply for a small wireless permit for the deployment of initial or additional phases of a small
wireless facility deployment at any time subject to the commencement of a new completeness review
time period for permit processing.
(3) Safe Harbors. The FCC in 47 C.F.R. � 1.6003 has established presumptively reasonable time
periods for review of facilities for the deployment of small wireless facilities. The City shall make
every reasonable effort consistent with any conflicting provisions of state or federal law, and the
preservation of the city's health, safety and aesthetic environment to comply with these time periods
to the fullest extent possible.
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Ordinance No. 19- Page 6 of 15
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Ordinance No. 19- Page 6 of 15
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4.23.020 Application .
Applications for a franchise for small wireless deployment shalleg nerally conform to the
requirements of this chapter. The Public Works Director or such other department director as the
Mayor shall direct (hereinafter "director"), is charged with administration of small wireless
deployments and other wireless communication review processes established under this Chapter.
Service providers seeking to utilize the city's right-of-way for small wireless deployments shall
specify the geographic boundaries for the small wireless deployment described in the application.
The applicant may the entire city at its discretion or any portion thereof as the franchise
boundary. Phased development is ,permitted, and an applicant is encouraged to specify at least the
initial small wireless deployment in its application.
The following additional information shall be provided by all applicants for franchises seeking to
deploy small wireless facilities. Existing grantees who seek to utilize a small wirelessdeployment to
expand or implement an existing franchise shall provide the information as a part of a small wireless
permit application for small wireless deployment.
(1) Designation of Facilities.
The application shall provide specific locational information including GPS coordinates of all
facilities to the extent known and specify whether and where small wireless facilities are to be
located on existing utility poles including city -owned light standards (included in the definition of
utility pole), or will utilize replacement utilitypoles, new poles, towers, and/or other structures. To
the extent known, conduit and/or ground -mounted equipment necessary for and intended for use in
the deployment shall also be specified regardless of whether the additional facilities are to be
constructed b the applicant or leased from an infrastructure provider. Detailed schematics and visual
renderings of facilities sought to be approved by franchise or small cell permit shall be provided by
the applicant. Failure to provide sufficient detail may result in a later finding,of f a significant change
in the facility if significant elements of the facility were not shown on the originally approved
franchise exhibit. Failure to include significant elements may also result in the requirement that new
or undocumented elements complete the approval processes detailed in this Chapter and, as
applicable, Chapter 19.256 FWRC.
(2) RF Certification. The applicant shall submit a sworn affidavit signed by an RF Engineer with
knowledge of the proposed project affirming that the small wireless deployment will be compliant
with all FCC and other governmental regulations in connection with human exposure to radio
frequency emissions for every frequency at which the small wireless facility will operate. If facilities
necessary to the small cell deployment are to be provided by a third party, then the small wireless
deployment in the initial franchise or in a subsequent small wireless permit shall be conditioned on
an RF Certification by the third party and the requirement that the third party obtain a franchise. If
such facilities will emit RF emissions, this additional RF Certification shall address the cumulative
Ordinance No. 19- Page 7 of 15
impact of the RF emissions and certifv compliance with federal reauirements. The applicant or
Grantee shall immediately remove any facilities that exceed FCC RF Emissions requirements. A
modification of the facility by an Eligible Facilities Request requires a new RF certification.
(3) Regulatory Authorization. Issuance of the Right -of -Way Permit for the facilities shall also be
continupon the applicant's provision of proof of FCC and other regulatory pprovals required to
provide the service(s) or utilize the technologies soujzht to be installed.
For- loeations in the publie fight of Way, the difeeter- of publie works ("dir-eeter-2) is ehafged with
administration of small eel! deployments and ethef pefsenal wireless sef-Viee feview pfeeesses
established undef Chapters 4.23 and 19.256 FWRG.
Unless py-evieusly pr-evided with an applieation fef a ffanehise, the following ififefffia4ien shall
be provided l.y all . plieaflts seeking to „+;lite small eel! ,leple...,-.ent.
(2) Speeifie design infefmation and plans, addr-essing poles or- other- sHppeA stfuetufes-,
> >
(3) A nar-fative addressing hew the proposed p! . stent with the ffanehise exhibit(s), i
4.23.025 implementation Small eel! permits;
The fights granted under- the ffanehise are implemented thfough the issuanee of smal
ene of mer -e appheations fi9f a small eel! pefmit te depley small eells. An initial fianehise and an
related small eel! pefmit appheations shall be pr-eeessed eenetiffently as one mastef peffflit.
(1) Up to 15 sites may be speeified in ene small eel! pefmit applieatien fe . . — —The
dir-eeter- may allow tip to five additional sites in one appheation in efdef- tE) e6fisidef sfflall eel!
sites vvithin one legieal sef�viee area together-.
(2) Issuanee ef a small eel! pefmit to install a small eel! deplo�qment shall be eantingef# upe
appr-eval of a ffanehise undef Chapter- 4.22 FAIRG, of the possession of a valid ffane
(3) if fnefe than one appheation for- a small eel! pefmit is submitted by an applieant, they shall be
eansider-ed in the efder- r-eeeived. if multiple applieafieiis are submitted on the same date, the
appheant shall indieate whieh applieation should be eensidefed fifst. All small eel! peffflits that
(4) An appheant with an existing ffanehise may, at the appheant's sole disefetiefl, eleet to utilize
the expedited e e eet f fth i AIRG 4.2 3 100.
(5) Any element of a deple��ent that qualifies as either- an eligible f4eilities Fequest E)r- a
Ordinance No. 19- Page 8 of 15
eelleeation shall be speeifieally designated by the applieant and may be addfessed separately b
the difeeter- in efdef to eemply with the shot eleeks established by federal WA, and Chaptef 4.24
(6) The difeetor- may appfeve, deny, of iidi . all. approve all ef any ot4i n of the sites
pfopese.l in the small eel! permit appheation.
(7) Any appheation for- a small eel! pefmit that eontains an eleffient that is not exempt ffem
SEPA feview, shall simultaneeusly apply undef Chapter- 4 3.21 G RC=W and FWRG Title 14. See
a4se 1ti'WRC 19.256.130,
(8) Radio ffe"eney eei4ifiea4ion. The appheant shall submit a swom affidavit signed by an RF
— . 4th knowledge of the pfopesed pf:qjeet affiftning that the smali eel! depleymefit will be
eompliant with all FCC; and other- goveffimental fegWatiens in eofHieetiefl with human e�ipestlr-e
wifeless baekhatil will eper-ate. if additienal f6eilifies neeessar-y te the small eel! depleyffiefit afe
f6eilities will emit RF emissions; this RF eeffifieatien shall addfess the eumulafive impaet ef the
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provide then a/n\ a utilize the teel...elogies sought to be installed.
4.23.030 Review process .
(1) The director may approve, deny. or conditionally approve all or anv number of the sites proposed
in the small wireless permit application.
(2) Eligible Facilities Requests. The design approved in a small wireless permit shall be considered
concealment elements and such facilities may only be expanded upon an Eligible Facilities Request
when the modification does not defeat the concealment elements of the small wireless facility.
3) Review of Facilities. Review of the site locations proposed by the applicant shall be governed b
the provisions of 47 U.S.C. §§ 253 and 332 and applicable regulations and case law. Applicants for
franchises and the small wireless permits shall be treated in a competitively neutral and non-
discriminatory manner and other service providers, utilizing supporting infrastructure that is
functionally equivalent, i.e., service providers whose facilities are similarly situated in terms of
structure, placement, or cumulative impacts. Small wireless permit review under this chapter shall
neither prohibit nor have the effect of nrohibitina the abilitv of an applicant to provide
telecommunications services.
Ordinance No. 19- Page 9 of 15
(4) Public Comment. The city shall provide notice of a complete application for a small wireless
permit on the city's website with a link to the application. The notice shall include an email contact
and telephone number for the applicant to answer citizen inquiries. Notice is for the public's
information and is not a part of a hearing or part of land use appeal process.
(5) Additional definitions. Additional definitions applicable to small wireless facilities maybe found
in Chapter 19.256 FWRC.
4.23.040 Modification to small wireless Ffacilities designated in the &anehise and/or- small
eel! permit applieation.
(1) If an apalicant desires to modifv small wireless facilities. including but not limited to expandin
or changing the antenna type increasingthe he equipment enclosure, placing additional pole -mounted
or around -mounted eauinment, or modifvina the concealment elements, then the applicant shall
apply for a new small wireless permit.
2) A small wireless permit shall not be reauired for routine maintenance and repair of a small
wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar
size, weight, and height, provided that such replacement does not defeat the concealment elements
used in the original deployment of the small wireless facility and does not impact the structural
integrity of the pole. Further a small wireless permit shall not be required for replacing equipment
within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities.
Right-of-way permits may be required for such routine maintenance, repair, or replacement.
Ordinance No. 19- Page 10 of 15
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4.23.040 Modification to small wireless Ffacilities designated in the &anehise and/or- small
eel! permit applieation.
(1) If an apalicant desires to modifv small wireless facilities. including but not limited to expandin
or changing the antenna type increasingthe he equipment enclosure, placing additional pole -mounted
or around -mounted eauinment, or modifvina the concealment elements, then the applicant shall
apply for a new small wireless permit.
2) A small wireless permit shall not be reauired for routine maintenance and repair of a small
wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar
size, weight, and height, provided that such replacement does not defeat the concealment elements
used in the original deployment of the small wireless facility and does not impact the structural
integrity of the pole. Further a small wireless permit shall not be required for replacing equipment
within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities.
Right-of-way permits may be required for such routine maintenance, repair, or replacement.
Ordinance No. 19- Page 10 of 15
4.23.050 Small eellwireless permit and minor deviations.
(1) Utilizing the procedures established for Process _I review in Chapter 19.55 FWRC, the
director shall review applications for small eelwireless permits for consistency with relevant
franchise exhibits and design standards. In this review, the director may authorize minor
deviations from the dimensional design and concealment technologies referenced in the exhibits
to the franchise or design standards as follows.
(2) Deviations in the dimensions, height, or volume of Small Wireless Facilities that are
necessary to conform the facilities to the requirements of the pole owner, provide adequate safety
clearances or address similar technical issues may be approved as minor deviations provided that
the deviations do not cause the facility as revised to exceed the definition of a small wireless
facility. Replacement of components of an existing, approved small wireless facility that do not
exceed the volumetric limitations for a small wireless facility may also be approved as minor
deviations. Provided, however, that in each instance the new or revised facilities do not defeat the
concealment features set by the City's generally applicable small wireless aesthetic, design, and
concealment standards or a specific concealment reauirements pursuant to Chanter 19.256
FWRC.
Ordinance No. 19- Page 11 of 15
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4.23.050 Small eellwireless permit and minor deviations.
(1) Utilizing the procedures established for Process _I review in Chapter 19.55 FWRC, the
director shall review applications for small eelwireless permits for consistency with relevant
franchise exhibits and design standards. In this review, the director may authorize minor
deviations from the dimensional design and concealment technologies referenced in the exhibits
to the franchise or design standards as follows.
(2) Deviations in the dimensions, height, or volume of Small Wireless Facilities that are
necessary to conform the facilities to the requirements of the pole owner, provide adequate safety
clearances or address similar technical issues may be approved as minor deviations provided that
the deviations do not cause the facility as revised to exceed the definition of a small wireless
facility. Replacement of components of an existing, approved small wireless facility that do not
exceed the volumetric limitations for a small wireless facility may also be approved as minor
deviations. Provided, however, that in each instance the new or revised facilities do not defeat the
concealment features set by the City's generally applicable small wireless aesthetic, design, and
concealment standards or a specific concealment reauirements pursuant to Chanter 19.256
FWRC.
Ordinance No. 19- Page 11 of 15
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(3-5) The decision of the director to approve a small ee4wireless permit with a minor deviation, if
any, shall be final and is not subject to appeal under city code or further legislative review.
Ordinance No. 19- Page 12 of 15
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Ordinance No. 19- Page 12 of 15
(4) Unless speeifieally provided for- in a fr-anehise, obtain a lease or- other- appheable atither-ization
,atifity pole ever- 60 feet, or- te leeate any new gr-ound based stfuetur-e, base station, or- ethef.
attendant e „t ,. eity right of wayor- eit., p ert.,
L[1TGIICILLiiL V� e
(5) Gemply with all eit, n standards and state and federal eedes when epefating in th-e
ntit of way andobtain n rear rr.-.;t to ente.- the right of way for- eenstfuetion.
(6) A sinall eel! pet:mit that ineludes a faeilit-y net exempt ffem SEPA review shall be pr-eeesse
in aEeerd with e pfavisions of FWRC Title 14r
(7) Small eel! f4eilities appr-eved pufsuant te this ehaptef shall be eensidefed as an eutfight
pvriiitteu use when lee.te,within the right of .
4.23.0860 Additional review procedures.
Personal wireless service facilities/wireless communication facilities in design or shorelines
management zones, undergrounded areas or environmentally critical areas are subject to review
as provided in FWRC Title 14, Chapter 15.05 FWRC, and Chapters 19.256 and 19.145 FWRC.
4.23.090 Expedited r- i
appheatiefis en a first eeme, first sei=ved basis, taking into aeeeunt its feseur-ees and the fedefal
shall be engaged pur-suani. t. -A -A thi-r-d- pafty eentfaet. The appheant shall be responsible fer- pa�4ag
r l; .motto utilize expedited
4.23 .100 Cviplionee with state p g limitations.
shall be reviewed,Review ef small eel! pefmits shall eemply with the pfevisiens ef RGAI 35.99.030. Appheations
and the time ffaffle tolled as pr-evided in this ehapter-
eempleteness detefmined,
and Chapters 4.22 and 4.24 FAIRC.
Section 5. FWRC 4.24.040 is hereby amended to read as follows:
4.24.040 New wireless communication facilities.
Applications for new wireless communication facilities not subject to RCW 35.99.030 shall be
processed within 150 days of receipt of an application. -provided, however, that the city shall
endeavor to process applications for small wireless facilities within the presumptive safe harbors
created under 47 C.F.R. § 1.6003. The director will notify the applicant within 30 days of receipt
of an application whether it is complete or if additional information is required.
Ordinance No. 19- Page 13 of 15
Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
[Signature Page Follows]
Ordinance No. 19- Page 14 of 15
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 19- Page 15 of 15