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2019-01-15 Council PKT - Regular
CITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall January 15, 2019 — 7:00 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: National Mentoring Month — Communities in Schools ...page 3 b. Proclamation: Honoring the Historical Significance of Camp Kilworth ...page 4 c. City Center Access Update — Rick Perez, City Traffic Engineer Mayor's Emerging Issues and Report • Recent Community Events: 2019 Federal Way Police Department Annual Awards Ceremony (1/8); Federal Way Chamber Luncheon (1/9); 30th District Legislative Priorities Breakfast (1/10); Korean American Day Celebration (1/13) • MLK Jr. Food Drive — January 19 10:00 am — 2:00 p.m. at Federal Way Grocery Stores • MLK Jr. Celebration — January 21 10:00 a.m. at the Performing Arts & Event Center • Annual City Council Retreat — January 26 at 8:30 a.m. at the Performing Arts & Event Center • Mayor's State of the City Address — February 28 at 6:00 p.m. at the Performing Arts & Event Center e. 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. 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. 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: January 2, 2019 Regular and Special Meetings ...page 5 b. Mirror Lake Highland Final Plat ...page 18 c. Brook Lake Center Connecter Trail at West Hylebos Wetlands Park - 85% Design Status Report and Authorization to Bid ...page 44 d. Master Lighting Services Agreement - PSE Phase I ...page 47 e. Acceptance of FY 2019 King County CFT Funds ...page 55 f. Request for Proposals - Underground Utility Locate Contract ...page 66 g. 2019 Parks and Recreation Commission Work Plan ...page 69 h. Four Seasons Construction, LLC Retainage Release ...page 71 i. Native Green Landscapes Retainage Release ...page 72 j. Purchase of 5 Foreclosed King County Parcels ...page 73 6. COUNCIL BUSINESS a. Contracts with WA Dept of Commerce and Mary's Place Seattle for Family Shelter ...page 79 b. Allocation of $100,000 from the State ...page 188 c. Lodging Tax Advisory Commission Appointment ...page 191 d. Human Services Commission Appointments ...page 192 7. COUNCIL REPORTS 8. EXECUTIVE SESSION Potential Litigation pursuant to RCW 42.30.110(1)(i) 9. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. A*%* ., 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 YMA YOR AND CITY COUNCIL Jim Ferrell, Mayor usa onda, Deputy Mayor in "Al �a Asseia-Dav n`,� ounciImember l/J e E. Johnson, Councilmember oang uncilmember Mark I' pjw, Cou cilmem/ber Martin Moore, ouncilmernber Dini Duclos, Councilmember ,4CITY OF �� Federal Way PROCLAMATION "Honoring the Historical Significance of Camp Kilworth" WHEREAS, In 1934, Dr. and Mrs. William Kilworth purchased 25 acres of beachfront property in South King County, which would later become the City of Federal Way, an area now known as Camp Kilworth; and WHEREAS, Dr. Kilworth had a vision that this would become a camp where Boy Scouts would learn about the value of scouting; as such, he deeded the land to the Tacoma Area Council of Boy Scouts; and WHEREAS, In 1936, members of the Tacoma Rotary Club built the iconic log Rotary Lodge, later to be accompanied by additional buildings and an amphitheater facing west across the Puget Sound and overlooking the Olympic Mountains; and WHEREAS, the Camp Kilworth property has many activities and spectacles: an obstacle course, a guided tour for the sight impaired, a shooting range, archery range, camping, habitat exploration, open trails to hike and explore, squirrels, herons, salmon and protected species of birds; and WHEREAS, Camp Kilworth served the youth of Federal Way for 82 years; and WHEREAS, the Washington Trust for Historical Preservation has put Camp Kilworth on its Most Endangered Places list, signifying a site threatened by demolition or neglect; and WHEREAS, Camp Kilworth has provided outdoor experiences for many years and has the potential to continue to serve our youth and families in a meaningful and historic educational environment; NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim Camp Kilworth to be an important part of Federal Way's history and encourage the Kilworth Foundation to remember Dr. and Mrs. William Kilworth's vision to serve the youth of South King County. SIGNED this 15th day of January, 2019 FEDERAL WAY MAYOR AND CITY COUNCIL r Jim Ferrell, Mayor L d a Assefa-Dawso , Councilmember oang V an,,Councilmember Martin Moor4 Councilmember A_LoGv,_ov,� ,4usap Honda, Deputy Mayor E. Johnson, Councilmember Dini Duclos, Councilmember COUNCIL MEETING DATE: January 15, 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 January 2, 2019 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 ................. .. ......... .........._.11 - ... ... ..... Y�......... _Y. ......... Attachments: Draft minutes for the January 2, 2019 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 N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Dt o 1� N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # CIT Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall IIAVJP January 2, 2019 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:02 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. Councilmember Lydia Assefa-Dawson joined the meeting at 5:04 p.m.; Councilmember Martin Moore joined the meeting at 5:10 p.m. 2. STUDY SESSION — MAYOR'S HOMELESSNESS TASK FORCE FINAL REPORT Yarden Weidenfeld, Senior Advisor presented a presentation regarding the final report of the Mayor's Homelessness Task Force. He introduced Sharry Edwards, Chair of the Task Force who also spoke to the goals and objectives of the group. In addition to reviewing the group findings, Mr. Weidenfeld provided the following recommendations on behalf of the Task Force. Addressing Impacts for Individuals Experiencing Homelessness: 1. Expand Shelters as Gateways for Progress 2. Create a Community Coordinated Response 3. Develop a Community Coordinated Outreach Program 4. Create or Expand Online Resource 5. Increase the Availability of Affordable Housing 6. Increase the Equitable Delivery of Services 7. Partner with Local Agencies to Install Free Public Phones 8. Hire and Train Peer Navigators Addressing Impacts on the Community: 1. Allow Safe Parking Program 2. Create a Group to Coordinate Clean -Up Programs 3. Continue Vigilant, Effective, Collaborative, and Mission -Focused Law -Enforcement 4. Better Coordinate with Criminal Justice Programs 5. Prevent the Re -Establishment of Dismantled Encampments Federal Way City Council Special Minutes Page I of 2 January 2, 2019 Council thanked Mr. Weidenfeld, Ms. Edwards and the members of the Task Force for their efforts and time working on this issue by providing recommendations to the Council. Various clarification questions were asked including the possibility of including Public Housing representatives and DSHS in the discussion on providing services. Citizen Comment David Zumwalt shared his perspective as he was homeless two years ago. He spoke regarding the mindset of living in the woods and shared that Battlefield Addiction saved his life by providing hope and purpose. Willa Gaines appreciated the work of the Task Force and highlighted the importance of Recommendation #1. She believes recovery will only happen when individuals receive security, comfort, and hope. Betty Taylor asked why the Task Force was not open to public participation and hopes future meetings will be open for community input. Tilman T. Parramore Sr. requested that social workers be available to those who need their help. 3. EXECUTIVE SESSION At 6:31 p.m. Mayor Ferrell announced the Council would recess into Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 29 minutes. • Potential Litigation Pursuant to RCW 42.30.110(1)(i) City Council returned to Chambers at 6:57 p.m. �;1a1�I1�1 W IM� There being nothing further on the agenda; the Special Meeting was adjourned at 6:58 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 January 2, 2019 CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 2, 2019 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:07 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, 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. Proclamation: National Mentoring Month — this item was postponed to the next meeting on January 15, 2019. b. Introduction of City Council Mentees Councilmember Johnson was pleased to introduce the first group of Mentees for the City Council Emerging Leaders Program. The mentees introduced were: Brigitte Jimenez, Chloe Barrier, Hanna Santiago, Hope Sichel, Katie Astruon, and Marcel Manjares. c. Mayor's Emerging Issues and Report Mayor's Homeless Task Force Report - Mayor Ferrell reported on the Special Meeting held at 5:00 p.m. where the final report from the Homeless Task Force was reviewed. He thanked Yarden Weidenfeld, Sharry Edwards, and task force members who worked on these important recommendations. Report on Regional and Community Events - Mayor Ferrell reported on recent events including the Federal Way High School Ribbon Cutting/Grand Opening on December 5; the Sound Cities Association Annual Meeting on December 5; the King County Veterans Workshop Job Fair on December 11; the Chamber Quarterly City Update on December 11; and the Federal Way Rotary Meeting regarding SeaTac Airport Issues held on December 13. Federal Way City Council Regular Minutes Page I of 10 January 2, 2019 d. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) - Chair Duclos reported the last meeting in December was canceled; no further report. Lodging Tax Advisory Committee (LTAC) - Chair Moore reported the next meeting will be Wednesday, at City Hall in the Hylebos Room beginning at 10:30 a.m. Land Use/Transportation Committee (LUTC) - Chair Koppang reported the next meeting will be Monday, January 7 in Council Chambers and highlighted items on the agenda including the first final plat approval for cottage housing. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) - Chair Johnson reported the next meeting will be next Tuesday, January 8.. Deputy Mayor Report - Deputy Mayor Honda reported on the accomplishments of the Council in 2018. She reviewed the Council goals as set at the 2018 Council Retreat; training opportunities; regional representation; the number of proclamations issues and meetings attended at City Hall. She encouraged citizens to contact Councilmembers via email or phone to discuss issues important to them. 4. CITIZEN COMMENT Mark Czaplewski spoke regarding an article he read in the Federal Way Mirror stating thatthe State gave Federal Way a grant of $100,000. He spoke in favor of using the grant for the FUSION project instead of using the money for a mother and children's shelter in Burien. Tim Lookabaugh spoke regarding his concerns about the proposed placement of transitional housing in conjunction with Light of Christ Church. Karen Brugato spoke regarding the Admissions Tax and expressed her concerns of the potential negative effects it has on non-profit organizations in Federal Way. Linda Campbell spoke in support of using the $100,000 grant from the State of Washington to help women and children on the streets make it through the winter. However she urges Light of Christ Church and FUSION to find a site that is better suited and zoned properly. Greggory Busch, on behalf of AT&T, thanked Council for the opportunity to speak regarding the second interim ordinance. He spoke on technical concerns and language standards. AT&T offered to work with City of Federal Way staff to adjust language to make it more technically pleasing. Peggy LaPorte thanked the mayor for the opportunity to serve on the Homeless Task Force and the knowledge she has gained through that experience. She spoke in favor of the FUSION project and stated that this is our city's golden opportunity to help those in need. She asked Council to consider rezoning the Light of Christ property. Kathy Wallace is a volunteer with St. Vincent DePaul Society and has worked for the Federal Way School District for 48 years. A grant from the City to St. Vincent DePaul Society has allowed them to help families in need and help keep children in their current schools. She spoke against removing these families in need from their Federal Way community and relocating them to Burien. Federal Way City Council Regular Minules Page 2 of 10 January 2, 2019 Dennis LaPorte spoke urging council to put further thought into the possibility of bussing students and families in need outside of the city. He shared his opinion that this sends a negative message. Mr. LaPorte asked that the Homeless Task Force put further consideration into how the $100,000 grant could be best used. Linda Kochmar spoke in favor of using the $100,000 grant from the state within the city of Federal Way. She believes the city is behind the ball on addressing the issue of finding a place for homeless families to live. Joseph Conner volunteers at the Federal Way Day Center where he commonly sees moms and babies come in. He shared his concerns about the commute between Burien and Federal Way and the lack of public transportation. He also expressed concern about the possibility of mothers and fathers being separated by sending mothers and children in need to Burien. Roger Flygare read a statement inspired by Martin Luther King Jr. He also spoke in favor of the FUSION project and helping families in need in Federal Way Lori Sechrist spoke regarding the IRG rebranding of the Weyerhaeuser campus to the Woodbridge Corporate Park. She shared concerns that the IRG plan does not value the community and property. The city is faced with a one-time opportunity to make a difference and to focus on the environment, the region, and the many generations to follow. Anna Patrick shared her opinion that she would have liked to be included in the Homeless Task Force or that more members from the community should be given a voice in the matter. Willa Gaines asked Council to take the time needed to review the use of the $100,000 grant. She feels the money is best used to start a family shelter in Federal Way. Walter Kostecka spoke in favor of the FUSION project. He believes inclusion and compassion are important and appreciates the diversification of our community. He spoke questioning why society fears the homeless or why we support ventures like FUSION so long as they are not near us. Lelah Vega spoke in support of the ordinance amendment; however there are two items in the Interim Code that are a challenge. Current code allows an antenna to extend six inches above the pole however, 12 inches is more feasible. Also, there is a 10 foot height cap which may not accommodate PSE requirements. Dana Gains spoke on behalf of FUSION as is currently going through the program. She and her three children became homeless after losing her job. This program has helped her and her children. Shannan St. Claire is a 25 year resident of Federal Way and has lived in her current home near Light of Christ Church for 20 years. She spoke in support of FUSION however not in the proposed location. Anne Cutting spoke in favor of helping families in need, but does not support a multi -family residence going into a single-family neighborhood. She mentioned the success that FUSION has had placing families in single units dispersed throughout the city. This model allows us to help families now and not years from now after spending the money on a new building. Federal Way City Council Regular Minutes Page 3 of 10 January 2, 2019 Lamont Styles spoke of his appreciation for the citizens who attend the council meetings. He looks forward to coming together in 2019 to find solutions to help improve Federal Way. Tammy Barrier thanked the Homeless Task Force and FUSION for their work. She supports the efforts of FUSION but is not in support of the proposed location at Light of Christ Church. She urges a new location be considered. Mr. Patrick spoke reminding community members that this is their home and that they have a right to speak up. He also spoke regarding concerns he has regarding some of the city policies and the potential impact they may have. James Barrier agrees that we need to help support everyone in our community. He urged Council to look deeper into what impacts might be and to not overlook some of the issues that might come with a multi -family facility. Lynn Idahosa shared that she was disappointed in the Homeless Task Force report. She also shared concerns around the $100,000 grant and shared her opinion that the funds should be used to address the homeless situation in Federal Way. Suzanne Vargo spoke regarding her concerns of the potential rezoning of the area near Light of Christ Church for the FUSION project. She expressed worry that if we make an exception to rezone that area it will lead to rezoning in other residential areas. She proposed this project be done in a more appropriate area. Donna Williams retired after 20 years at YWCA where she served as a case manager for families. She reminded Council these families in need are ordinary people and spoke in favor of FUSION. Letter read by City Clerk from Lynn Ormsby regarding her concerns of the article released by the Federal Way Mirror. Letter read by City Clerk from Dr. Tammy Campbell regarding students who are homeless in the Federal Way Public Schools. 5. CONSENT AGENDA a. Minutes: December 4, 2018 Regular and Special Meeting Minutes b. South 356th (Pacific Highway South to Enchanted Parkway South) Improvement Project — Project Acceptance c. Sound Transit TDLE Project Administration Agreement d. Authorization to Lease SWM Property for Temporary Parking e. RESOLUTION: Authorization to Accept Grant Funding for Transportation Improvement Projects/APPROVED RESO #19-747 f. Arts Commission Contract for Services g. Arts Commission 2019 Work Plan h. Overtime Reimbursement from DEA for Marijuana Investigation FY2019 i. Pierce Transit Extra Duty Police Services Agreement — Amendment No. 1 Federal Way City Council Regular Minutes Page 4 of 10 January 2, 2019 DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH I ON THE CONSENT AGENDA; COUNCILMEMBER KOPPANG 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 a. Program Year 2019 Community Development Block Grant (CDBG) Annual Action Plan Mayor Ferrell opened the public hearing at 8:52 p.m. Sarah Bridgeford, CDBG/Human Services Coordinator provided a presentation regarding the 2019 CDBG Annual Action Plan. She noted the Action Plan is based on the 2017 award amount of $674,568 and includes a contingency for either an increase ordecrease in the funding amount. The Plan demonstrates how Federal Funds will support communities in achieving defined goals and expected outcomes; and to be used as a resource for communities to see how Federal Funds will be used and the proposed impact. The objectives the plan is required to follow include: 1. Improve and expand affordable housing options; 2. Expand businesses to create jobs and assist with the development of microenterprises-, 3. Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts; and 4. Administer the Community Development Block Grant program to meet the community needs and HUD requirements. No citizen comments were received on the CDBG Annual Action Plan. Deputy Mayor Honda and Councilmembers thanked Ms. Bridgeford for her presentation. Various questions were asked regarding the calculation of overhead or administration fees, effect of the government shut down, and if youth programs are included. Ms. Bridgeford addressed each question. COUNCILMEMBER JOHNSON MOVED TO CLOSE THE PUBLIC HEARING ON THE PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; COUNCILMEMBER KOPPANG 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 JOHNSON MOVED APPROVAL OF THE PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN, AUTHORIZE STAFF TO MAKE FUTURE ADJUSTMENTS TO THE PLAN AS PROPOSED BY THE HUMAN SERVICES COMMISSION AT THEIR NOVEMBER 19, 2018 MEETING, 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; COUNCILMEMBER ASSEFA-DAWSON SECOND. Federal Way City Council Regular Minutes Page 5 of 10 January 2, 2019 The motion passed unanimously as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos yes yes b. Regarding Title 19 FWRC Interim Zoning Regulations Amended Mayor Ferrell opened the public hearing at 9:06 p.m. Mark Orthmann, Deputy City Attorney, gave a very brief introduction on the history of small wireless legislation and the need to enact additional interim regulations to remain in compliance. He introduced outside Counsel Scott Snyder who provided the information to Council. Mr. Snyder provided a more detailed background and information on the two Ordinances regarding small wireless on tonight's agenda. He noted global mobile data traffic has a projected growth of 57% annually. Data usage on one provider alone has increased more than 15,000% since 2007. The deployment of small calls cans density the network to meet this growing customer demand. He noted the FCC issued a declaratory rule and third report and order which will become effective on January 14, 2019; therefore the city's interim regulations need to be enacted at this meeting prior to the deadline. Councilmembers thanked Mr. Orthmann and Mr. Snyder for the information and asked various questions regarding small wireless and implementation of 5G. COUNCILMEMBER KOPPANG MOVED TO CLOSE THE PUBLIC HEARING ON TITLE 19 FWRC INTERIM ZONING REGULATIONS AMENDED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran 7. COUNCIL BUSINESS yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos yes yes a. Contracts with WA Dept of Commerce and Mary's Place Seattle for Family Shelter Community Services Manager Jeff Watson provided a background for the $100,000 grant funds appropriated by the Washington Legislature for emergency shelter for Federal Way homeless families with children. This funding is for the Fiscal Year 2019 (July 1, 2018 through June 30, 2019) during which time these funds must be used. This funding was provided in response to a critical and immediate need for shelter for homeless families in Federal Way. Discussions with the Washington State Department of Commerce took place in May and June of 2018 regarding how these funds could be used. The determination was that these funds could be used for shelter operations and support services, not capital projects. Federal Way City Council Regular Minutes Page 6 of 10 January 2, 2019 Staff did identify a few potential shelter options and selected Mary's Place due to their record of successfully operating family shelters while providing comprehensive services. The discussions and contract negotiations were completed December of 2018 and the contract is before Council for consideration and action. Council asked Mr. Watson and CDBG/Human Services Coordinator Sarah Bridgeford various questions including the cost to house a family per night and if an extension can be requested for the use of this grant money. Council requested additional information regarding the process used to ensure that Federal Way families will assisted with this money, which services can be provided, and the conversations between the City and State Representatives. Staff indicated that there are tracking and performance reports that would be submitted by Mary's Place which would be reviewed to ensure contractual obligations were being met. It was noted that there are already Federal Way families currently receiving assistance. Staff also addressed how human services needs are met throughout the region: through collaboration among jurisdictions and service providers. DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER JOHNSON 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 Council discussion continued including the option to extend deliberations to the following Council Meeting; what additional information is needed; the need to guarantee funds are used appropriately and meet legislative intent; and if there are other less formal options such the city allocating these funds to locate families in hotels. Mayor Ferrell invited Senator -elect Claire Wilson and Representative Kristine Reeves to the podium in order to receive direct feedback. Senator -Elect Claire Wilson indicated she is not yet sworn in and has not been privy to previous conversations. She looks forward to partnering with Federal Way to provide services to assist with homelessness and other important issues. Representative Kristine Reeves indicated that her understanding when advocating for these funds was that they would be used within Federal Way. She understands the need to serve families immediately, but believes the current proposal does not meet the legislative intent. Council discussed the need for additional deliberation to ensure services can be provided and relations maintained with the state legislature. COUNCILMEMBER MOORE MOVED TO TABLE ITEM TO JANUARY 15 CITY COUNCIL MEETING; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 6:1 as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran Federal Way City Council Regular Minutes January 2, 2019 yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos no yes Page 7 of 10 b. Amended 2019 City of Federal Way Legislative Agenda DEPUTY MAYOR HONDA MOVED APPROVAL OF THE AMENDED 2019 LEGISLATIVE AGENDA AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda Coun cilmember A ssefa-Dawson Councilmember Johnson Councilmember Tran 8. ORDINANCES yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos yes yes First & Second Reading/Enactment Council Bill #751 — Amendina Interim Land Use Regulations to Control the Provision of Telecommunications Facilities within the City APPROVED ORD #19-862 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) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO SUSPEND CITY COUNCIL RULE 2.2(8) TO ALLOW FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMEMBER DUCLOS 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 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 Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Council Bill #752 — Amendina Title 4 FWRC Reaulations Relatinq to Small Wireless Deplovments. Franchisina. and Small Wireless Permits in the Citv's Riqhts-of- Way/APPROVED ORD #19-863 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) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO SUSPEND CITY COUNCIL RULE 2.2(8) TO ALLOW FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMEMBER Federal Way City Council Regular Minutes Page 8 of* 10 January 2, 2019 ASSEFA-DAWSON 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 COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran 9. COUNCIL REPORTS yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos yes yes Councilmember Assefa-Dawson expressed appreciation for the input received and the discussion which occurred during the meeting. She was concerned regarding the tone of a specific citizen comment. She shared that 2018 was a year of both greatjoy and deep sadness for her. Councilmember Johnson shared his excitement and pride for the City Council Emerging Leaders Program. As 2018 was a year of great learning, he shared one of the lessons he has learned: Council policy decisions have an infinite impact. He shared homelessness is a challenging and complex issue and he looks forward to ensuring the money is spent specifically on Federal Way families. Councilmember Tran indicated he is celebrating is anniversary of being sworn in to his council position. He expressed appreciation for the support and trust of the citizens as well as his peers and the mayor. Councilmember Koppang shared he is looking forward to resolving the grant money issue which is one of many challenging issues Council has and will come up against. He expressed gratitude for the partnership of the Mayor and Council and is looking forward to a good conclusion. Councilmember Moore expressed his excitement regarding the Council Emerging Leaders Program. He extended accolades to Stephanie Courtney and the City Clerk's Office for their work in supporting City Council Meetings, especially during the budget season. Councilmember Duclos shared the practice she followed as CEO of the Multi -Service Center when building shelters throughout King and Pierce Counties. She understands zoning and does not want multi -family shelters in single-family areas. Deputy Mayor Honda resolved to try and complete Council Meetings closer to ten o'clock rather than midnight during 2019. She reminded Council that their Annual Retreat is schedule for January 26 and she is requesting their input for the agenda. 10. EXECUTIVE SESSION Federal Way City Council Regular Minutes Page 9 of 10 January 2, 2019 11. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 11:24 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 10 of 10 January 2, 2019 5b SUBJECT: MIRROR LAKE HIGHLAND FINAL PLAT APPROVAL RESOLUTION POLICY QUESTION: Should the City Council adopt a resolution approving the Mirror Lake Highland Final Plat (City File No. 18 -104198 -SU)? COMMITTEE: Land Use/Transportation MEETING DATE: January 7, 2019 CATEGORY: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Rejolution ❑ Other STAFF REPORT BY: Jim Harris, Senior Planner DEPT: Community Development Attachments: 1. Resolution approving the Mirror Lake Highland Final Plat. 2. Mirror Lake Highland Final Plat Staff Report, January 7, 2019, with exhibits. Options Considered: 1. Approve the Final Plat and Resolution as presented. 2. Modify the Final Plat and/or Resolution and approve as modified. 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMEN! CATION: Option 1 MAYOR APPROVAL: �1.it�W/Dwe IRECTOR APPROVAL: /" LI JCo ttee Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the January 15, 2019, consent agenda for approval. Mark Kon g, Committee Cha1r Je s ohnson, Committee Member Hoang Tran, Committee ember PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. (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 # A!%4 CITY OF -_ Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO LAND USE & TRANSPORTATION COMMITTEE MIRROR LAKE HIGHLAND FINAL PLAT Federal Way File No. 18 -104198 -00 -SU Report prepared by Jim Harris, Senior Planner, January 7, 2019 I RECOMMENDATION Approval of the Mirror Lake Highland Final Plat is recommended (Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. II SUMMARY Meeting Date: Land Use/Transportation Committee — Monday, January 7, 2019 — 5:00 pm. Plat Location: King County Parcels 072104-9109, -9110, -9111, -9114, & -9024. Parcels are located north of SW 312t" Street at 6`1i Place SW (Exhibit B). Description: Mirror Lake Highland is a proposed 16 -lot single-family residential subdivision for a Cottage Housing project on approximately 1.85 acres. The Mirror Lake Highland preliminary plat application was granted approval by the Federal Way City Council on November 4, 2008, per City Council Resolution 08-535 (Exhibit Q. Access to Mirror Lake Highland is from the north side of SW 312t1i Place onto a new private roadway, (6`I' Lane SW) within the plat. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project, have been constructed, or are financially guaranteed. Owner: Bill McCaffrey Mirror Lake Highland LLC 3092937 th Place SW Federal Way, WA 98023 Surveyor: Informed Land Survey Evan Wahlstrom PO Box 5137 Tacoma, WA 98415 Water: Lakehaven Water and Sewer District Sewer: Lakehaven Water and Sewer District Staff Report to Land Use & Transportation Committee Mirror Lake Highland Final Plat I Mirrot- Page I of 6 File No. 18-104198-00-SU/Doc. I.D. 78455 Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan (FWCP) and zoning designation for the subject property is Single Family High Density Residential and RS 7.2, respectively. The Mirror Lake Highland plat is a cottage housing project as discussed below. Cottage Housing — In 2006, the Federal Way City Council adopted a Cottage Housing ordinance, which authorized cottage housing on a demonstration project basis. The FWRC defines cottage housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16 detached dwelling units that include cottage and compact single-family (CSF) units and which meets specific criteria that limit the size of the building, and contain requirements for common open space and specific architectural design standards. Cottage homes are restricted in square footage, but are allowed at roughly twice the density permitted by the underlying zone, are single-family ownership homes, and are characterized by home orientation to a shared central open space. As noted in the ordinance, after approved cottage housing projects have been constructed and evaluated, additional cottage housing developments may be permitted, or the City Council may choose to amend or repeal the cottage housing code provisions. The Mirror Lake Highland Cottage project was submitted as a potential cottage housing project for 14 units on January 1, 2007. As required under the Cottage Housing Ordinance, the applicant presented the proposed development to interested neighbors in a meeting on January 23, 2007. Neighborhood concerns included traffic, trees, and lake protection. The applicant submitted a pro -forma analysis that demonstrated that the property could be developed into seven traditional single-family housing parcels.! The proposed CHD was analyzed for conformance with adopted selection criteria and was found to be generally consistent with the purposes of the cottage housing article, was designed with sensitivity to neighboring single-family residential uses, and was an excellent example of Craftsman inspired cottage housing with appropriate design features. Following analysis and review, on April 17, 2007, the Cottage Housing Selection Committee recommended that the proposed development be selected to advance to the formal submittal phase for development of a cottage housing demonstration project, subject to conditions. The applicant purchased additional land and requested that a larger project be considered. On October 10, 2007, the city approved a modification to the site plan that expanded the cottage housing proposal from 14 units to 16 units. Preliminary Plat — The 16 -lot Mirror Lake Highland Preliminary Plat was granted approval by the Federal Way City Council on November 4, 2008, per Resolution 08-535. The 1.85 -acre subdivision includes tracts for storm drainage, lot access, landscaping, and open space/common areas. Final Plat — The applicant submitted a final plat application on September 10, 2018, while the site was still under construction. Plat improvements were deemed substantially complete on December 18, 2019. Pursuant to RCW 58.17.110 and Chapter 18.40 of the FWRC, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the city. 1 Upon purchase of additional land, the revised proforma demonstrated that eight traditional housing lots could be developed. 2 The committee consisted of city staff and members of the public. Staff Report to Land Use & Transportation Committee Page 2 of 6 Mirror Lake Highland Final Plat File No. 18-104198-00-SU/Doc. I.D. 78455 City of Federal Way staff has reviewed the Mirror Lake Highland Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWRC 18.40.040. A proposed resolution to approve the Mirror Lake Highland Final Plat is enclosed (Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 08-535). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040, and identified by staff responses following each condition. 1. Prior to the city's approval of engineering plans, the applicant shall provide a detailed design meeting applicable provisions of Low Impact Development (LID) as outlined in the 2005 King County Surface Water Design Manual (KCSWDM) and as modified by the City of Federal Way. The applicant may be required to provide additional bonding or maintenance provisions for methods not currently approved by the KCSWDM. Staff Response: The applicant has installed a surface water flow control and treatment system that meets requirements of the 2005 KCSWDM. Where the 2005 KCSWDM was not specific enough about design and sizing of LID measures, the applicant met the requirements of the 2005 Department of Ecology Stormwater Management Manual for Western Washington (DOE Manual). This condition has been met. 2. Prior to the city's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing common open space and right-of-way landscaping within the plat boundaries for review and approval by the Directors of Community Development and Public Works. Staff Response: The applicant has provided a final landscape plan that was approved by both Community Development and Public Works Departments. The applicant has posted a bond for portions of the landscaping in common areas that has not been completed. At the time of this report preparation, the financial guarantee for the open space landscaping and open space amenities is being processed. This financial guarantee must be completed and recorded as appropriate before city signatures and recording of the final plat. This condition has been met. 3. Prior to the city's approval of engineering plans, the applicant shall strive to reduce the quantity and overall height of any proposed retaining walls or rockeries. Approved retaining walls or rockeries associated with plat construction shall reflect cottage housing residential scale, design, and sensitivity of materials or treatment, including use of texture, vegetation, and terracing. Staff Response: This condition has been met. There are several retaining walls on the site; however, the wall heights were reduced and minimized during design and construction. The design and materials of the walls include typical residential brick materials. 4. Prior to the city's approval of engineering plans, should the city determine that the proposed development impacts the location of the existing westbound bus stop on SW 312'h Street; the approved plans shall depict a 10 x 10 foot concrete landing pad that meets the Americans with Disabilities Act (ADA) and King County Metro standards. Staff Response: The applicant has installed a 10 x 10 foot concrete landing pad that meets ADA and King County Metro standards in this location. This condition has been met. Staff Report to Land Use & Transportation Committee Page 3 of 6 Mirror Lake Highland Final Plat File No. 18-104198-00-SU/Doc. I.D. 78455 5. Prior to final plat approval, the access and configuration of lot 14 shall be revised so that lot 13 receives greater access to the common open space as discussed in the findings. Staff Response: This condition has been met. Lot 14 fronts on and faces the common open space directly south of the lot. 6. Prior to final plat approval, the final plat drawing shall dedicate all common open space in an open space tract(s) to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the city. A note shall be included on the final plat map that the open space tract shall not be further subdivided, and may not be developed with any buildings or other structures except as may be approved by the city for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. Staff Response: This condition has been met. The original preliminary plat approval required a minimum of 8,000 square feet of usable open space for the plat, based on a 500 square feet per unit standard. The common open space area of the Mirror Lake Highland Plat is located within Easement Area B of Tract A. Easement Area B open space contains 11,015 square feet. Easement Area B includes a 560 -square foot community building, gardens and landscaping, pea patch, benches, open grass area, and walkways. In addition, the raingardens within tracts B, C, D, and E will include passive recreation, including seating and viewing areas, and qualifies as usable open space. Easement Area B includes 11,015 square feet of open space, plus 5,004 square feet of raingarden, for a total open space area of 16,019. There are notes regarding limitations of use and maintenance of the common open space on the final plat map, sheet 3. 7. Prior to final plat approval, the applicant shall provide to the city a covenant against the property that establishes a minimum of two of the housing units as affordable housing as provided in FWCC Section 22-923(13)(a), for a period of not less than 15 years, for city review and approval. Prior to issuance of certificate of occupancy for these units, the approved covenant shall be recorded at King County at the expense of the applicant. Staff Response: This condition has been met. A draft covenant has been submitted to the city and is being reviewed by city staff. The draft covenant will need to be reviewed and potentially revised prior to approval by city staff. The approved affordable housing covenant will need to be recorded prior to city issuance of an occupancy certificate for either of the two affordable units. 8. Prior to final plat approval, traffic mitigation in the amount of $64,458.00 shall be paid to the city. Staff Response: This condition has been met. The city has adopted new provisions, codes, and standards for impact fee collection since the date of the preliminary plat approval. Therefore, this condition and payment of traffic mitigation fees was modified in the August 8, 2014, preliminary plat extension approval. The revised condition requires payment of Transportation Impact Fees determined based on the fee schedule in effect at the time of plat recording, or alternatively at the time of permit issuance of individual single-family residential building permits. 9. Prior to issuance of any building permit for the subject site, submitted plans shall depict all buildings to contain approved sprinkler systems. Staff Response: In a February 15, 2018, letter from South King County Fire and Rescue, this condition was modified to require automatic fire sprinkler systems in the structures on lots 6 —16. A. Staff Report to Land Use & Transportation Committee Page 4 of 6 Mirror Lake Highland Final Plat File No. 18-104198-00-SU/Doc. I.D. 78455 note regarding automatic fire sprinkler systems is on page two of the final plat map. This condition has been met. 10. Prior to building permit issuance, the city shall confirm that affordable housing cottage units have the exterior materials and appearance consistent with the market rate cottage and compact single-family housing units. Staff Response: This condition will be met during review of individual building permit applications. 11. In addition, the applicant shall incorporate a stormwater maintenance and monitoring plan into CC& R's or other covenants running with the land that provide the following: • A reasonable five year monitoring plan prepared by staff designed to monitor compliance with the performance standards contemplated in the KCSWDM. The monitoring plan shall authorize the city to impose remedial measures, such as requiring additional stormwater facilities, if performance standards are not maintained. • A right of access to the city for stormwater system inspections. • A right access to the city to repair stormwater system facilities at the expense of the property owners if the property owners do not conduct the repairs within a reasonable timeframe imposed by the city. Staff Response: The City of Federal Way requires an ongoing monitoring plan for this and all developments. The plan allows the city to conduct annual and emergency inspections. Repairs and/or replacements are then made by the developer, or if necessary, by the city at the owners' expense. Rights and responsibilities are outlined in a document entitled Declaration of Covenant for Maintenance and Inspection of Flow Control BMP's that will be recorded with the plat and referenced on the face of the plat. V STATE ENVIRONMENTAL POLICY ACT (SEPA) The city issued a Determination of Nonsignificance (DNS) for the proposal on April 16, 2008. Vl DECISIONAL CRITERIA Pursuant to FWRC 18.40.050, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met as discussed below. The plat meets the RS 7.2 zoning density for a cottage housing project. Construction of the plat infrastructure is substantially complete and as provided in FWRC 18.40.040, and performance and maintenance bonds are in place as required by the FWRC. At the time of this report preparation, the financial guarantee for the open space landscaping and open space amenities is being processed. This financial guarantee must be completed and recoded as appropriate before city signatures and recording of the final plat. Staff Report to Land Use & Transportation Committee Page 5 of 6 Mirror Lake Highland Final Plat File No. 18-104198-00-SU/Doc. I.D. 78455 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to schools and school bus stops; provisions for open space; drainage system installation; water system installation; sewer system installation; and street improvements. The final plat provides 16,019 square feet of common open space. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Mirror Lake Highland have been constructed and a maintenance bond is in effect. In addition, sewer lines have been installed and approved in a December 18, 2018 letter by Lakehaven Water and Sewer District, and water lines have been approved by Lakehaven Water and Sewer District in a December 18, 2018 letter. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Mirror Lake Highland meets all platting requirements of RCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWRC 18.40.040. The project has been developed in conformance with Resolution 08-535, approving the Mirror Lake Highland Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Reduced Copy (8'/2 x 11) Mirror Lake Highland Final Plat Exhibit B Vicinity Map Exhibit C Resolution 08-535 Mirror Lake Highland Preliminary Plat Approval Exhibit D Reduced Copy (8'/z x l 1).Approved Mirror Lake Highland Preliminary Plat Exhibit E Proposed Resolution Approving the Mirror Lake Highland Final Plat Staff Report to Land Use & Transportation Committee Page 6 of 6 Mirror Lake Highland Final Plat File No. 18-104198-00-SU/Doc. I.D. 78455 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W. M. CITY OF FEDERAL WAY, KING COUNTY, WA DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBUC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBUC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF TRE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT UNITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PUT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBUC, IN WHICH CASE WE 00 HEREBY DEdCATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED. WAIVE AND RELEASE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS ANO ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN. ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEM S. ALTERATIONS OF THE GROUND SURFACE VEGETATION. DRAINAGE OR SURFACE ON SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES THEIR HEIRS AND ASSIGNS TO INDEMNIFY, HOU) HARMLESS, AND DEFEND THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE. CLAIMED BY PERSONS WITHIN OR WITHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTABLISHMENT. CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACIU71ES DESIGNED TO RECEIVE OR ACTUALLYRECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME. PROVIDED. THIS WAIVER AND INDEMNIFTCATON SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES. INCLUDING THE COST OF DEFENSE, RESULTING FROM AND TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS. THIS SUBDIVISION, DEDICATION. RELEASE. INDEMNIFICATION OF CLANS. AND AGREEMENT TO HOLD HARMLESS IS MADE WIM THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS MIRROR LAKE HIGHLAND, LLC WILLIAM J. MCCAFFREY, MANAGER ACKNOWLEDGMENTS STATE OF WASHINGTON i t SS. COUNTY OF KING I ON THIS DAY PERSONALLY APPEARED BEFORE ME OF THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENTAND ACKNOWLEDGED SND INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS _ DAY OF 20 NOTARY PUBUC RESIDING IN_ MY COMMISSION RECORDING CERTIFICATE RECORDING NO. FILED FOR RECORD THIS —DAY OF . 20_. IN BOOKOF PUTS AT PAGE—AT THE REQUEST OF MIRROR LAKE HIGHLAND. LLC MANAGER SUPERINTENDENT OF RECORDS ulionneu Hams Burl PO B.5137 Tacoma, WA 99415-0177 Phage: 253-627-2070 adn @,-Ian&—y— wwwi4andsmeycrom APPROVALS DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED THIS _ DAY Of . 20_ DEPUTY DIRECTOR OF PUBUC WORKS DATE EXAMINED AND APPROVED THIS _ DAY OF 20_. DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED THIS _ DAY OF . 20_. DIRECTOR OF COMMUNITY DEVELOPMENT DATE FEDERAL WAY MY COUNCIL EXAMINED AND APPROVED THIS _ DAY OF . 20_. KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBUC USE. ARE PAID IN FULL MIS_ DAY OF 20_. MANAGER, FINANCE DIVISION DEPUTY KING COUNTY DEPARTMENT OFASSESSMENTS EXAMNED AND APPROVED THIS DAY OF . 20_. KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER LAND SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF BILL MCCAFFREY WAR ON THIS DAY OF 20— W:.^q %.'�r EVAN MARKWANLSTROM, L$#44651 EXP iawm RESUBMITTMXHIRIT-A DEC 17 2018 PAG E -L-OF-1 CITY OF FEDERAL WAY CITY OF FEDERAL WAY FILE NO. 18 -104190 -OD -SU 'IAMDATA: SW 1140FTHE NE 114OFSECTION 7, T21N, R4E, W M., KING COUNTY, WA SHT MIRROR LAKE HIGHLAND BILL MCCAFFREY I 604 312TH ST SW FEDERAL WAY WA OF FIEU- '„°: ,w,,,,, MCCAW-170817, PLAT 8 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T 21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA 11 LEGAL DESCRIPTIONIPER TITLE GUARANTEE NO.. Gi6329-11374,PROVIEDYDATEDA JULY RT 25, 0118)NTY COMPANY, PARCEL A: (9024) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST UNE OF A PRIVATE ROAD. SAID POINT BEING 198 FEET SOUTH OF THE NORTH LINE OF SAID SUBDIVISION AND 100 FEET WEST OF THE EAST UNE OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST UNE OF SAID PRIVATE ROAD, A DISTANCE OF 712 FEET; THENCE EAST 100 FEET TO INTERSECT THE EAST UNE OF SAID SUBDIVISION AT A PONT 910 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST UNE OF SAID SUBDIVISION TO THE SOUTH UNE OF THE COUNTY ROAD; THENCE WEST 100 FEET TO THE EAST LINE OF A PRIVATE ROAD; THENCE SOUTH ALONG THE EAST LINE OF SAID PRIVATE ROAD TO THE SOUTH UNE OF SAID SUBDIVISION; THENCE WEST 10 FEET TO THE EAST LINE OF THE WEST 220 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH ALONG SAID EAST LINE TO A PONT 198 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE EAST 10 FEET TO INE PONT OF BEGINNING; EXCEPT THE NORTH 82 FEET THEREOF; AND EXCEPT COUNTY ROAD (SOUTHWEST 312TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO SOPHIE A. MCNEIL BY QUIT CLAIM DEED DATED JUNE 16. 2001, RECORDED JUNE 19, 2001, UNDER RECORDING NO. 20010619000738; TOGETHER WITH A PERPETUAL EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ALONG EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, FROM WHICH PONT ON THE NORTHWEST CORNER THEREOF BEARS NORTH 8911'19' WEST, A DISTANCE OF 439.51 FEET; THENCE SOUTH 01'04'58' 'WEST, 967.31 FEET; THENCE SOUTH63'55'02' EAST, 110.34 FEET; THENCE SOUTH 01'04'58' WEST, 145.16 FEET TO THE NORTH MARGIN OF THE COUNTY ROAD KNOWN AS SOUTH 312TH STREET; TOGETHER WITH AN ACCESS EASEMENT AS SET FORTH IN INSTRUMENT RECORDED JUNE 19, 2001 UNDER RECORDING N0. 20010619000739; SITUATE IN ME CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: (9109) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID SUBDIVISION AT A POINT 525.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST UNE 175.00 FEET; THENCE WEST 100 FEET TO THE EAST UNE OF A PRIVATE ROAD; THENCE NORTH ALONG SAID EAST LINE 175 FEET TO A PONT WEST OF THE POINT OF BEGINNING; THENCE EAST 100 FEET TO THE PONT OF BEGINNING: SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: (9110) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM.. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT A POINT 700 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCESOUTH 70 FEET; THENCE WEST 100 FEET; THENCE NORTH 70 FEET; THENCE EAST 100 FEET TO THE TRUE PONT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL D:(9111) THAT PORTION OF THE EAST HALF Oi THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT 770 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 140 FEET; THENCE WEST 100 FEET; THENCE NORTH 140 FEET; THENCE EAST 100 FEET TO THE TRUE PONT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING PARCEL E: (9114) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 420 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 105 FEET; THENCE WEST 100 FEET; THENCE NORTH 105 FEET; THENCE EAST 100 FEET TO THE TRUE PONT OF BEGINNING. SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING. STATE OF WASHINGTON SUBDIVISION NOTES 1) USE OF TRACTS AND LOTS ARE FURTHER DEFINED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS GOVERNING THIS COTTAGE SUBDIVISION, FILED UNDER RECORDING NO. 2) BUILDINGS ON LOTS 6 THROUGH 16 WILL REQUIRE NFPA 13D AUTOMATIC FIRE SPRINKLER SYSTEMS- 3) YSTEMS 3) THIS SUBDIVISION CONTAINS 1.85 ACRES t. PRIOR TO CREATION OF NY LOTS, TRACTS, OR OTHER DEDICATIONS 4) INE MIRROR LAKE HIGHLAND PUT IS A COTTAGE HOUSING DEMONSTRATION PROJECT AUTHORIZED BY THE FEDERAL WAY CITY COUNCIL. AS THIS IS A DEMONSTRATION PROJECT, SEVERAL OF TUE RS 7.2 ZONWG STANDARDS ARE UNIQUE TO THE COTTAGE HOUSING DEVELOPMENT. THE INDIVIDUAL LOTS SHALL BE DEVELOPED IN GENERAL COMPLIANCE WITH BUILOING SETBACKS, LOT COVERAGE AND FACADE DESIGN AS DEPICTED ON THE FOLLOWING PREUMINARY PUNS N/RROR LAKE HIGHUNO COTTAGE HOUSWIG REGO AREAS AAD 97E COMERAGIF DATA, SHEET A -IB, AND PRELANNARY ELEVATION DESIGNS SHEE7S A -4-A-11 BY THE WJM STUDIO, DATE 12/21/2007, ON FILE WITH INE CITY OF FEDERAL WAY UNDER FILE W. 19104198 -SU. 5) AFFORDABLE HOUSING LOTS- LOTS 7 AND 13 NE DESIGNATED AS AFFORDABLE HOUSING UNITS PER CITY OF FEDERAL WAY COTTAGE HOUSING ORDINANCE, FEDERAL WAY REVISED CODE CHAPTER 19.250. SECTION 19.250.150. THE AFFORDABLE HOUSING SALES COVENANT, AS APPROVED BY THE CITY. SHALL BE IN FORCE FOR 15 YEARS FROM INITIAL OCCUPANCY. SECTION DETAIL SCALE: 1-=600' 301NM INS AND N T FOMD3oFHMSY• Dwc WSIF I 9r Dl IT ,vn SF 601 AVE 111 M91ED IST AK SW 4-17-AR7 H17MED -2W7 V 2 � a N 8896'29' W %' U1793- Fn 658 p $ a 8 �s S 'Z kl PROPERTY m SS LOCATION I Z FOM BRASS N $ FOM BM55EJ1121H 9 • 519 B 1 M : 312M STAID JN2M 5AWET 19 ASSW M' BIN AE 5W 1 -17 -IOW 1197FD N 8908br W 26336.r 1-17-2607 NNNN LAKE , MIRROR LAKE HIGHLAND EXN ::IRI W -4 PAGE_2.WAIWWOF, CITY OF FEDERAL WAY FILE NO. 18 -104198 -00 -SU INDIX DATA: SW 174 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA $HT. BILL MCCAFFREY 2 604 312TH ST SW FEDERAL WAY WA OF MCCAW-170817, PLAT 8 If1Tormea iana SUS NAN s T� PO BOK 5137 �'o:? NANRI9 -137 $� ��Vi 'lS1ERWo-AR- Phone: 253627--2070 �1116�I-16lIQSN/9e}'.(XKn WWWN6MSN1'eYQYII LAN3 P� SUBDIVISION NOTES 1) USE OF TRACTS AND LOTS ARE FURTHER DEFINED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS GOVERNING THIS COTTAGE SUBDIVISION, FILED UNDER RECORDING NO. 2) BUILDINGS ON LOTS 6 THROUGH 16 WILL REQUIRE NFPA 13D AUTOMATIC FIRE SPRINKLER SYSTEMS- 3) YSTEMS 3) THIS SUBDIVISION CONTAINS 1.85 ACRES t. PRIOR TO CREATION OF NY LOTS, TRACTS, OR OTHER DEDICATIONS 4) INE MIRROR LAKE HIGHLAND PUT IS A COTTAGE HOUSING DEMONSTRATION PROJECT AUTHORIZED BY THE FEDERAL WAY CITY COUNCIL. AS THIS IS A DEMONSTRATION PROJECT, SEVERAL OF TUE RS 7.2 ZONWG STANDARDS ARE UNIQUE TO THE COTTAGE HOUSING DEVELOPMENT. THE INDIVIDUAL LOTS SHALL BE DEVELOPED IN GENERAL COMPLIANCE WITH BUILOING SETBACKS, LOT COVERAGE AND FACADE DESIGN AS DEPICTED ON THE FOLLOWING PREUMINARY PUNS N/RROR LAKE HIGHUNO COTTAGE HOUSWIG REGO AREAS AAD 97E COMERAGIF DATA, SHEET A -IB, AND PRELANNARY ELEVATION DESIGNS SHEE7S A -4-A-11 BY THE WJM STUDIO, DATE 12/21/2007, ON FILE WITH INE CITY OF FEDERAL WAY UNDER FILE W. 19104198 -SU. 5) AFFORDABLE HOUSING LOTS- LOTS 7 AND 13 NE DESIGNATED AS AFFORDABLE HOUSING UNITS PER CITY OF FEDERAL WAY COTTAGE HOUSING ORDINANCE, FEDERAL WAY REVISED CODE CHAPTER 19.250. SECTION 19.250.150. THE AFFORDABLE HOUSING SALES COVENANT, AS APPROVED BY THE CITY. SHALL BE IN FORCE FOR 15 YEARS FROM INITIAL OCCUPANCY. SECTION DETAIL SCALE: 1-=600' 301NM INS AND N T FOMD3oFHMSY• Dwc WSIF I 9r Dl IT ,vn SF 601 AVE 111 M91ED IST AK SW 4-17-AR7 H17MED -2W7 V 2 � a N 8896'29' W %' U1793- Fn 658 p $ a 8 �s S 'Z kl PROPERTY m SS LOCATION I Z FOM BRASS N $ FOM BM55EJ1121H 9 • 519 B 1 M : 312M STAID JN2M 5AWET 19 ASSW M' BIN AE 5W 1 -17 -IOW 1197FD N 8908br W 26336.r 1-17-2607 NNNN LAKE , MIRROR LAKE HIGHLAND EXN ::IRI W -4 PAGE_2.WAIWWOF, CITY OF FEDERAL WAY FILE NO. 18 -104198 -00 -SU INDIX DATA: SW 174 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA $HT. BILL MCCAFFREY 2 604 312TH ST SW FEDERAL WAY WA OF MCCAW-170817, PLAT 8 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA TRACT NOTES TRACT A: INGRESS, EGRESS, PARKING. GARAGES. DRAINAGE FACILITIES. UTILITIES. OPEN SPACE AND COMMONS BUILDING TRACT IS ESTABLISHED FOR THE BENEFIT OF THE OWNERS OF LOT 1 THROUGH 16. ALL CONVEYANCES OF LOTS IN THIS PUT MUST CONTAIN A 1/16 JOINT OWNERSHIP INTEREST IN TRACT A FOR OWNERSHIP AND MAINTENANCE PURPOSES. THE COST OF MAINTENANCE, REPAIRS, OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMIX) SHALL BE BORNE IN EQUAL SHARES. TRACT A SHALL NOT BE FURTHER SUBDMDED,MAAY NOT BE DEVELOPED WFI H ANY ADDITIONAL BUILDINGS OR OTHER STRUCTURES EXCEPT AS MAY BE APPROVED BY THE CITY FOR RECREATIONAL PURPOSES ONLY FOR THE BENEFIT OF THE HOMEOWNERS, AND MAY NOT BE USED FOR FINANCIAL GAIN. THE COVENANTS HEREIN SHALL RUN WITH THE LAND AND STALL FOREVER BE BINDING UPON ALL PARTIES, THEIR HEIRS. SUCCESSORS AND ASSIGNS. PERVIOUS ASPHALT DRIVEWAY IS A KEY COMPONENT OF THE DRAINAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE REQUIREMENTS OUTUNE IN THE DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP'S. RECORDING 0_ AND THE CC&R'S, RECORDING Y THE CITY $HALL HAVE THE RIGHT 1p ENTER, INSPECT, AND REPAIR THE PERVIOUS PAVEMENT, AT THE EXPENSE OF THE OWNERS, IF THE PAVEMENT 6 NOT MAINTAINED IN A FUNCTIONING MANNER. APPROVAL FROM THE CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR MUST BE OBTAINED PRIOR TO REMOVAL OF THE PERVIOUS PAVEMENT. TWO SEPARATE 'EASEMENT AREASARE DEFINED WITHIN TRACT A TO DESIGNATE THE SPECIFIC USES ALLOWED IN EACH AREA, THESE EASEMENT AREAS ARE SUBJECT TO ALL CONDITIONS STATED ABOVE. EASEMENT 'A' OF TRACT A- ALLOWS INGRESS. EGRESS, UTILITIES, DRAINAGE FACILITIES, POROUS ASPHALT ROADS. OPEN PARKING AND ENCLOSED GARAGE USES. WHEN NECESSARY TO REPAIR, RECONSTRUCT, OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE. THE PRIVATE ACCESS AND UTILITY PORTON OF THE AREA SHALL REMAIN OPEN AN UNOBSTRUCTED AT ALL TIMES FOR EMERGENCY AND PUBLIC SERVICES VEHICLES. THERE WILL BE A MAXIMUM OF 5 GARAGES CONTAINING 14 INTERIOR PARKING SPACES. THERE WILL BE A MAXIMUM OF 16 EXTERIOR PARKING SPACES. EASEMENT 'B' OF TRACT A- ALLOWS OPEN SPACE. OPEN SPACE AMENITIES. UTILITIES. DRAMGE FACILITIES. AND A 560 SQUARE FOOT COMMONS BUILDING. WHEN NECESSARY TO REPAIR, RECONSTRUCT. OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SHALL HAVE A RICHT OF ENTRY FOR THAT PURPOSE. THE OPEN SPACE TRACT IS TO BE OWNED IN COMMON AND MAINTANED BY PROPERTY OWNERS OF LOTS 1-16. AND REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THIS TRACT SHALL BE PROHIBITED EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE CITY DEPARTMENT OF COMMUNITY DEVELOPMENT. TRACTS 8 THROUGH E: TRACTS 8 THROUGH E ARE RAIN GARDEN TRACTS, RAIN GARDENS ARE A KEY COMPONENT OF THE MANAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP'S. RECORDING M_ AND THE CC&R'S, RECORDING 1 -- THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTIIXJ OF THE STORM SYSTEM USED IN COMMON SHALL BE BORNE IN EQUAL SHARES AND WHEN NECESSARY TO REPAIR, CLEAN OR RECONSTRUCT THE STORM SYSTEM, THE OWNERS SEAL HAVE THE RIGHT OF ENTRY FOR THAT PURPOSE. THE CITY SHAUL RAVE THESE SAME ROHR TO ENTER AND REPAIR THE RAINGARDENS, AT THE EXPENSE OF THE OWNERS, IF THE RANGARDENS ARE NOT MAINTAINED IN A FUNCTIDNING MANNER. THE REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THESE TRACTS. EXCEPT AS HECESSVRY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE CRY. 6 PROHIBITED. TRACT X TRACT X 15 A PRNATE INGRESS/EGRESS AND UTILITY TRACT. ALL CONVEYANCES OF LOTS IN THIS PUT MUST CONTAIN A 1/I6 JOINT OWNERSHIP INTEREST IN TRACT A FOR OWNERSHIP AND MAINTENANCE PURPOSES. THE COST OF MMINTENANCE. REPAIRS, OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EQUAL SHARES. ADREEMENT TO DEDICATE TRACT X. OWNERS HEREBY COVENANTS AND AGREES. FOR ITSELF, ITS SUCCESSORS, GRANTEES, AND ASSIGNS, TO DEDICATE TRACT X' TO THE CITY OF FEDERAL WAY FOR RIGH—OF—WAY AND STREET PURPOSES AT SUCH TIME AS THE CITY DETERMINES IN ITS DISCRETION THAT TRACT X' IS NEED FOR THESE PURPOSES. A STATUTORY WARIANTY DEED IN A FORM ACCEPTABLE TO THE CITY AND CONVEYING TRACT X' TO THE CITY SHALL BE EXECUTED BY THE GRANTOR, ITS SUCCESSORS, GRANTEES, OR ASSIGNS, AND SHALL BE DELIVERED TO THE CITY UPON DEMAND. EASEMENTS AND EXCEPTIONS 1. EASEMENT GRANTED TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY, A WASHINGTON CORPORATION. AS MORE FULLY SET FORTH IN THE DOCUMENT RECORDED AS INSTRUMENT NO. 5322887. (NOT SHOWN ON SURVEY, BLANKET IN NATURE) 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS AREA AFFECTED: A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES RECORDED: JUNE 14, 1978 RECORDING NO.: 7806140099 (NOT SHOWN ON SURVEY, ADJACENT TO LAKE) 3.E SENTIENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: LAKE ACCESS AREA AFFECTED: A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES RECORDING N0. 20010619000739 (NOT SHOWN ON SURVEY, EASEMENT IS SOUTH OF SW 312TH ST) 4. SELLERS NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS IMPOSED BY INSTRUMENT RECORDED. UNDER RECORDING NO. 20050211001939. (COVERS PARCEL A) (NOT SHOWN ON SURVEY, AFFECTS PARCEL A) 5. MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 12, 20D7 RECORDING NO.: 20070412000501 REGARDING: BOUNDARY LINE ADJUSTMENTS (NOT SHOWN ON SURVEY, AFFECTS PARCELS A.B.C. AND D) 6. QUITCLAIM DEEDS CLEARING TITLE RE ACCESS RIGHTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 12 2007 RECORDING NO.: 20070412000604 2007041200060} AND 20070412000604, REGARDING: DENIES RIGHTS OF ACCESS AND EASEMENTS AS STATED HEREIN (NOT SHOWN ON SURVEY, AFFECTS PARCEL A) 7. LACK OF A RECORDED MEANS OF INGRESS AND EGRESS TO A PUBLIC ROAD FROM THE LAND. (COVERS PARCELS B. C, D AND E) (CANT BE SHOWN ON SURVEY) B EASEMENT AGREEMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDEO: NOVEMBER B 20X17 RECORDING NOS: 20071106001180. 20071101/ 1181, 20071108001152, 20071108001163, 200711011001184, 20071 10SWI185. AND 20071108001186 REGARDING: USE OF THE WESTERLY PORTION OF PARCEL A (SHOWN ON SURVEY, AFFECTS PARCELS A,B,C,D, AND E. 9. EASEMENT GRANTED TO PUGET SOUND ENERGY INC., A WASHINGTON COMORATION. AS MORE FULLY SET FORM IN THE DOCUMENT RECORDED AS INSTRUMENT NO. 201104210002". (NOT SHOWN ON SURVEY, EASEMENT IS 10 FEET IN WIDTH BEING 5 FEET ON EACH SIDE OF THE CONSTRUCTED LINE) EXH1R1T__±__ PAGE -3 -OF -E- CITY OF FEDERAL WAY FILE NO. 18 -104198 -OO -SU informed land survey INDEX DATA SW 1/4 OF THE NE 114 OF SECTION 7, T21N, R4E, WK, KING COUNTY, WA SHL T°___f37 MIRROR LAKE HIGHLAND BILL MCCAFFREV 3 P8. WA 984750737 Ph". 25M27-2070 604 312TH ST SW ad.in@,ex1survey.wm FEDERAL WAY WA OF WWM1XFJa/MSMVCy.(XM MCCAW-170817, PLAT 8 LINE TABLE MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA L MATCH UNE SHErT S J C L29 Lib \y N 88'54'35' W 35.42' ADDRESSES COMMON RAINGARDEN 791 m COMMON RAINGARDEN 1,109 X FUTURE DEDICATION AS PUBLIC RIGHT OF WAY I NSRED 4-17-2 7 TOTAL TRACT AREA LOT i ADDRESS 1 31116 - 61H LANE SOUTHWEST NET PLAT AREA N L17 GROSS PIAT AREA 2 31114 - 6TH LANE SOUTHWEST n 3 31110 - 6TH LANE SOUTHWEST BASIS OF BEARINGS i m 4 31106 - 6TH LANE SOUTHWEST 5 31100 - 6TH LANE SOUTHWEST < < IXISTNO i LOT 5 ; 2,2953 SF g 631024 - 6TH LANE SOUTHWEST 2.3003 SF Q N W GARAGE $ I n 7 31018 - 6TH LANE SOUTHWEST 8 3101! - 6TH LANE SOUTHWEST V I 9 31008 - 6TH LANE SOU WEST n h 10 30926 - 6TH LANE SOUTHWEST 11 30922 - 6TH LANE SOUTHWEST to N w n n 12 30914 - 6TH LANE SOUTHWEST 13 30910 - 6TH LANE SOUTHWEST 14 30913 - 6TH LANE SOUTHWEST L26 J 15 30921 - 6TH LANE SOUTHWEST 16 30925 - 6TH LANE SOUTHWEST ... L17 w'49 REFERENCES N 88'54'35• W "A" 5.0' EASEMENT AFNI W o, I LOT 4 20071108001180 I— J I L25 1,8993 SF I n I) ROS BY AMR, AFN 9406270305 2) PLAT OF HOWELL ADDITIW, AFN 25223(1 3) ROS BY STEPAN & ASSC., INC., AFN 8504230132 4) ROS BY ASSOCIATES LAND SURVEYING, AFN 200012145005 L22 148 Z � 5,512 L N 86'54'35• W J C 53.50' 1,370 D COMMON RAINGARDEN 791 m COMMON RAINGARDEN 1,109 X FUTURE DEDICATION AS PUBLIC RIGHT OF WAY 3,341 NSRED 4-17-2 7 TOTAL TRACT AREA w P NET PLAT AREA 36,740 GROSS PIAT AREA C4 J9S�• BASIS OF BEARINGS �$�. LOT 3 W 2.3003 SF WASHINGTON STATE PLANE, NORTH ZONE. NAD 83/91 BASED ON MONUMENTS FOUND OV SW $ JI2I N ST AT INTERSECTIONS OF 87H AVE & 1ST AVE BEARING N 89118'02• IT h LEGEND 0 SET 1/2- REBAR & CAP EMW LS /44651 (DATE SET CURVE TABLE E{I:�I�F.1:Ul�f�IH1.1�:1��]LTJ.YDJi\I:�:1:IHIf(N:N1:1�1:1Y:1:11`IHLN.L7:{ lSiTlHl.l <���E�]IEY71mI�EE�m©F�1� TRACT TABLE TRACT DESCRIPTION SQUARE FEET t A PRIVATE INGRESS/EGRESS,UTILRIES, PARKING DRAINAGE FACILITIES. GARAGES. OPEN SPACE, COMMON BUILDING, OPEN SPACE AMENITIES 5,512 B COMMON RAINGARDEN 1,734 C COMMON RAINGARDEN 1,370 D COMMON RAINGARDEN 791 E COMMON RAINGARDEN 1,109 X FUTURE DEDICATION AS PUBLIC RIGHT OF WAY 3,341 NSRED 4-17-2 7 TOTAL TRACT AREA 43,857 NET PLAT AREA 36,740 GROSS PIAT AREA 80,597 OPEN SPACE aOOO S.F. OF OPEN SPACE REWIRED `"•` -` O 11,015 S.F. (EASEMENT AREA 'B', SEE TRACT A' NOTES) +1, ]J9 S.F. (TRACT B) +I, 370 SF. (TRACTC) + 791 .1 (TRACT D)F. (TRACT ET +1.109 S. 16,019 S.F. (TOTAL OPEN SPACE) -4 SIE O SW 312ST & GRAPHIC SCALE AVE NSRED 4-17-2 7 0 . - 20 FEET I—, WA 964150!37 o:_2r Phage: 253-627-2070 ao WI@I4&VV v,y r�6ECIs�e4�� Www.il9ndsurvey.oam LA1'p t] t8 LANG SURVEYING •MAPPING •CONSTRUCTION LAYOI 9.27' J1.12' h' 42.87' S 86'54'35' E 83.26' TRACT 8 1,]343 SF N 86'54'35' W 41.76' N W34'35- W 41.50' 6.3' E- xW I —, ].3' IXSRNC QA 8 LOT 1 RESIDENCE I�7 F =� I 2.54DSF SAO' 1 INGRESS,EGRESS 1 2.50' EASEMENT LOT 2 5.0' I2.5733 SF I _ I Lo. 24.5' 1 R�316 AO ps2 �.j ye Oq- E Og.N 30.00' SW 312TH STREET R/W FOR 312TH STREETi SHOWN PER R/W SURVEY MAP M7-21-4-1 30.00' I E - IHIRI 01 4g PA E -q -4z - 1ST AVE SW VISITED 1974.97' 4-1]-200] 1316.81' S 88'53157' E -- CITY OF FEDERAL WAY FlLE N0. 18 -104198 -OD -W INDEXDATA: SW 1/4OFTHE NE 114OFSECTIOIV 7, T21N, R4E, W.M., KING COUNTY, WA SHT. MIRROR LAKE HIGHLAND BILL MCCAFFREY 4 604 312TH ST SW FEDERAL WAY WA OF FLED: SBI CHECKED EW 8 F: 17,/17/2018 1 JOB NO.: MCCAW-17081Ell MCCAW-170817, PLAT , LINE TABLE MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA BASIS OF BEARINGS WASHINGTON STATE PLANE. NORTH ZONE. HAD 83/91 BASED ON MONUMENTS FOUND ON SW 311TH ST AT INTERSECBONS OF BIH AVE & IST AVE BEARING N 89'08'02- W. 5.5' EASEMENT 20071108001 REFERENCES 1) ROS BY AHR, AM 9406270305 2) PLAT OF HOWELL ADDITION, AM 2522M 3) ROS BY STEPAN & ASSC., INC., AM 6504230132 4) ROS BY ASSOCIATES LAND SURVEYING, AM 200012145005 LEGEND 0 SET 1/2" REBAR & CAP EMW LS #44651 (DATE SET _/_/__) CURVE TABLE C1 27.6] 31 . O1 S 71' IB W 2].66 C2 42.73 316.00 TN 50 S 0730 13 W 42.69 u I 42.00 316.00 T 65J S'11 5 W 41.97 C4 65.53 106.50 }5' 15 13 N O 'Ofi 23 E 64.50 TRACT TABLE TRACT DESCRIPTION SQUARE FEET ± A PRIVATE INGRESS/EGRESS,UTILITIES, PARKING DRAINAGE FACILITIES, GARAGES, OPEN SPACE, COMMON BUILDING, OPEN SPACE AMENITIES 5,512 B COMMON RAINGARDEN 1,734 C COMMON RAINGARDEN 1,370 D COMMON RAINGARDEN 791 E COMMON RAINGARDEN 1,109 X FUTURE DEDICATION AS PUBLIC RIGHT OF WAY 3,341 TOTAL TRACT AR 43 857 FEDERAL WAV WA NET PLAT AREA 36 740 TURN—AROUND (SEE SHEEP J, GROSS PIAT AREA 80,597 GRAPHIC SCALE 0 10 20 40 ' = 20 FEET PO 8645137 °T TecaTM, WA 15-0137 o � Rh"253-627-2070 sdWI;@ 1a�dsu y— CISTB�Rn= WWw,4,, ,,-ymm 2 1717 to LAND !SURVE7YINGMAPPING • CONSTRUCTION LAYOUT 5.0' EASEMENT 2007 1 1080011 5.0' EASEMENT 20071108001 0 CITY OF FEDERAL WAY FILE NO. 18 -104198 -00 -SU MATCH UNE SNM 6 L___J INDEX DATA: I S 88'54'35- E 40.52' 9: I SW 114OFTHE NE 114OFSECIIGN 7, T21N, R4E, W.M., KING COUNTY, WA N 13 - $HT. S, FUTURE GARAGE n si _ 5 o LL44� 604 312TH ST SW FIRE DEPT. EASEMENT A FEDERAL WAV WA OF TURN—AROUND (SEE SHEEP J, 8 TRACT A NOTES) MCCAW-170817, PLAT , L41 FFUTURE GARAGE S 88'54'35' E 40.50' L39 F- OLO LO.T . LINE . (NP.) ........ ..... L47 LOT 9 EXISTING q 2,172} SF GARAGE I U D1 f �Fl 3 S 88'54'35' E 35.09' (—' TRACT D J L367913 SF L19 40.49' N 88'54'35' W 46.80' .... —..�.... OLD LOT UNE (TYP.)..— I LOT 6 Io 1.889± SIF ( n lama uu; w N 88'54'35' W y W SJ.00_ R I LOT7 to = Ll 1.933± SF L35 I n J.S W54' S. 40.31' �I nPM-SnNG 3 3 LOT 6 2.188± SF of In N�--J LJ2N s uo 5 88'54'35' E 3626' TFFF_n w EXIsnNc ,A TRACT C n COMMON +. ppp � BUILDING ........... ���®■ 0 CITY OF FEDERAL WAY FILE NO. 18 -104198 -00 -SU INDEX DATA: SW 114OFTHE NE 114OFSECIIGN 7, T21N, R4E, W.M., KING COUNTY, WA $HT. MIRROR LAKE HIGHLAND BILL MCCAFFREV 5 604 312TH ST SW FEDERAL WAV WA OF FTED: SB CHECKED: EW 8 E: 12/17�2B1B JOB NO.: MCCAW-170817 MCCAW-170817, PLAT , LINE TABLE MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T 21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA BASIS OF BEARINGS WASHINGTON STATE PLANE, NORM ZONE NAD 83/9, BASED ON MONUMENTS FOUND ON SW 312TH ST AT INTERSECTIONS OF 87H AYE & IST AVE BEARING N 89DB'02' W. REFERENCES 1) ROS BY AHR, AM 9406270305 2)PUT OF HOWELL ADDITION, AM252236 3) ROS BY STEPAN 8 ASSC., INC.. AM 8504230132 4) ROS BY ASSOCIATES LAND SURVEYING, AM 200012145005 LEGEND • SET 1/2- REBAR k CAP EMW LS /44651 (DATE SET _/_/� CURVE TABLE LKI,:>•<.ryL.,<„u.,W�.>B,_yL.,x,�::� ��.,:�>:�:,�L�:1.I:.,.,:I.,.:li TRACT TABLE TRACT DESCRIPTION SQUARE FEET f A PRIVATE INGRESS/EGRESS,UTILITIES, PARKING DRAINAGE FACILITIES. GARAGES. OPEN SPACE, COMMON BUILDING, OPEN SPACE AMENITIES 35.512 COMMON RAINGARDEN 1,734 C COMMON RAINGARDEN 1,370 D COMMON RAINGARDEN 791 E COMMON RAINGARDEN 1,109 X FUTURE DEDICATION AS PUBLIC RIGHT OF WAY 3,341 TOTAL TRACT AR 43,557 L----� NET PLAT AREA J6 740 GROSS PLAT AREA 80,597 GRAPHIC SCALE 0 i020 10 ' - zo Far 2.00' EASEMENT 2007110800 2.0' AFN 20071 S 66'4]'52' E 100.00' med land survey 48.25' 51.75' w r----� SHT (((---17- I I. LOT 14 I I LOT 13 I� 6 3.8402 SF I o I 1.9703 SF Z L----� L S 88'54'35* E adbw4 4.'&. y— --1 46.]3' OF S 88'54'35' E 46.12' DRAFTED: SS CHECKED:EW m DATE' 12/17/2018 JOB NO.: MCCAW-170617 MCCA W- 170817, PLAT a „ LOT 12 I o ~* W 1,9763 SF U� I^ V) S 88'54'35' E S 8654'35 E 36.19' 54.14' II I l* LOT 11 8 m I 2.2863 SF I LOT.. 15 __..I w LOT. LINE (TW.)_.I__.. 2,4282 SF _.. � ...OLD oS 86'54'35' E 44.43' 20 40.54 L43.00'Ul TRACT E 8 N 8654'75' W 52.00' !� 1,1093 SF 58654'35- E 8I LOT 16 I 9 35.13' I2.0563 SIF- = ----� e -. N 8654'35 W 52.00' 4 48.59 I LOT 10 I n EASEMENT $ PAUL O F1 (SEE SHEET J,. I - TRACT A NOTES) MATCH UNE SWU S CITY OF FEDERAL WAY FILE NO. 18 -104198 -00 --SU med land survey 1NOEYOATA: SW 114OFTHE NE 1/4 OFSECRON 7, T21N, R4E, W.M., KING COUNTY, WA SHT PO Btu 5137 MIRROR LAKE HIGHLAND BILL MCCAFFREY 6 r----, 84Y W 31 Pte: 25W7.2070 604 312TH ST SW adbw4 4.'&. y— FEDERAL WAY WA OF W Nom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aTERIA FOR SEWAGE WORKS DESIGN' PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY. GRANTOR HEREBY FURTHER AGREES THAT NO OTHER UMUTY FACILITY OR APPURTENANCE OF ANY KIND. INCLUDING UTILITY SERVICE CONNECTIONS. SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR WITHIN THREE FEET (3•), MEASURED HORIZONTALLY FOR PARALLEL AUGMENTS, OR WITHIN SIX INCHES (67. MEASURED VERTICALLY FOR GROSSING OR PERPENDICULAR ALIGNMENTS. OF ANY PORTF IN ON OE GRANTEE'S FADUTES. GRANTOR ADDITIONALLY GRANTS TO ME LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS• SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REWIRED FOR ME CWSTRUCTW ON, RECSTRUCTION. MAINTENANCE AND OPERATION OF SAID WATER OR SEWER FACILITIES. TH ES. E USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE MINIMUM AND BE RETURNED TO TIE CONDITION EXISTING IMMEDIATELY BEFORE ME PROPERTY WAS ENTERED UPON BY ME LAKENAWN LIMITY DISTRICT, ITS AGENTS, SUCCESSORS AND ASSIGNS IN ADDITION TO THE OTHER RESTRICTIONS HEREIN. GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT TO ME EASEMENT THAT WOULD IMPAIR OR LIMIT ME USE OF ME EASEMENT RIGHTS GRANTED HEREIN. POB. 5137 amTa1J7 MIRROR LAKE HIGHLAND Phav: 251617-2070 ad.k'@N 'MsvLLeY.cxvn WWIK:Ial1e.W9.WY.GdII nn. r,rn. ro nurnvrn.r,., LAND LOT 14 LOT LOT 13 0' f' I I LOT 12 Q 9.0' K TL 24 58' I LOT 11 I LOT 15 I � � I I I I� TRACT E 9.0' --I LOT 16 I I I — 3D.o I I LOT 10 GRAPHIC SCALE .40 15 30 60 r' - .To FEEr CITY OF FEDERAL WAY FILE NO. 18 -104198 -OO -W INDEX DATA: SW 1/4OFTHE NE 1/4 OFSECTION 7, T21N, R4E, W.M., KING COUNTY, WA SHT. BILL MCCAFFREY 7 604 312TH ST SW FEDERAL WAY WA OF MCCA W- 170817, PLAT B PAGE=OFA--- I sl NL5.O0' TL 24 58' I I 81 I zs.sB' J I — 3D.o I I I a I F- I I a I � I Y ml I LOT 9 5.0 �— N I-- 5.0' I s I I I L3_88' TRACT D I � I I I I ' I LOT 8 GRAPHIC SCALE .40 15 30 60 r' - .To FEEr CITY OF FEDERAL WAY FILE NO. 18 -104198 -OO -W INDEX DATA: SW 1/4OFTHE NE 1/4 OFSECTION 7, T21N, R4E, W.M., KING COUNTY, WA SHT. BILL MCCAFFREY 7 604 312TH ST SW FEDERAL WAY WA OF MCCA W- 170817, PLAT B PAGE=OFA--- MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA z LOT 7 N 4T54'35" W 17.94' Q IN I �– LOT 6 U F I� TRACT C N 1.3703 SF OPEN SPACE 35.42' � N 68'54'35• W 3 LOT 5 CURVE TABLE ld�liuiV.l:UDi:INI:I I:L1•ll17.iU7gUZ1�[tll N(.7,DL'Ul:ly�.'U:I.7GL"U]J•144:[�]IJ LINE TABLE LOT 14 3 ma�L1 LOT 13 L25 a LOT 4 a 3 S 88'54'35- E 46.12' TRACT A b LOT 3 OPEN SPACE s. 's9sa. 36.19' 31.12' 5 88'54'35 E 83.26 OPEN TRACT B SPACE 1,7343 SF 41.76- x 41.50' N aW54'35" W f. N N 86'54'35" W U Y'o Q LOT 2 ~ LOT 1 CURVE TABLE ld�liuiV.l:UDi:INI:I I:L1•ll17.iU7gUZ1�[tll N(.7,DL'Ul:ly�.'U:I.7GL"U]J•144:[�]IJ LINE TABLE LOT 14 LOT 13 3 S 88'54'35- E 46.12' TRACT A LOT 12 OPEN SPACE 36.19' LOT 11 LOT 15 Y'o S 88'54'35' E 2 40.54 TRACT E L21 1,1093 SF OPEN SPACE LOT 16 06s eas435 S 88'54'35" E 5 i o LOT 10 9 �In OPEN SPACE L44 Q L41 U C g a H � loo a LOT 9 L38 S 8855.4 3 5 E m TRACT D OPEN SPACE L36 J 7913 SF Lt 40.49' 5 86'54 35 E LOT 8 U MATCH UNE GRAPHIC SCALE 0 IS 30 60 I-- 30 FEET CITY OF FEDERAL WAY FILE NO. 18 -104198 -00 -SU informed land survey INDE)(DATA: � NN A M SW 114 OF THE NE I/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA SHT. solo 5137 MIRROR LAKE HIGHLAND BILL MCCAFFREY 8 P1'—. 253 &7-2070 604 312TH ST SW 0dm@14arW gy`""" FEDERAL WAY WA OF LIST ERO mnY.HeMSurvBYaYP DRAFTED: SB CHECKED.fW 8 21716 OATE'12/17/2010 JOBNO.:MCCAW-170817 MCCAW-170817, PLAT IAND SURVEYMG •MAPPING • CONSTRUCTION LAYOUT CALf: P=30' PAGE SOP Mirror Lake Highland Cottage Ca"WCWW4& Federal way Zoning Designation: RS 7.2 Cottage Housing Demonstration Project 16 Single -Family Units on 1.88 Acres Legend Mirror lake site.shp Parcels Paved Edge of Roadway Wetlands Lakes RESOLUTION NO. 08-535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING MIRROR LAKE HIGHLAND COTTAGES PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07-106874-00 SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis; and WHEREAS, the 16 -unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions; and WHEREAS, the owner applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Mirror Lake Highland Cottages, consisting of 1.85 acres into sixteen (16) single-family residential lots of cottage housing located on the northeast corner of SW 312'' Street at 6'h Place SW; and WHEREAS, on April 16, 2008, an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21 C; RCW, and WHEREAS, the Federal Way Hearing Examiner on September 26, 2008, held a public hearing concerning Mirror Lake Highland Cottages preliminary plat; and WHEREAS, following the conclusion of said hearing, on October 10, 2008, the Federal Way Hearing Examiner issued a written Findings of Fact, Conclusions of Law and Recommendation containing findings and conclusions, and recommending approval of Mirror Lake Highland Cottages preliminary plat subject to conditions set forth therein; and Resolution No. 08-535 Page 1 of 4 EX H I R IT PAGE__1__GP.�.._- WHEREAS, at the public hearing, the Federal Way Hearing Examiner received from City Staff revisions to its September 19, 2008 Staff Report that had previously been submitted to the Hearing Examiner which clarified and corrected the Staff Report's recommended conditions #1 and #10; and WHEREAS, these revisions were not incorporated into the Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on October 20, 2008, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Mirror Lake Highland Cottages preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Mirror Lake Highland Cottages preliminary plat to the full City Council; and WHEREAS, on November 4, 2008, the City Council considered the record and the Hearing Examiner recommendation on Mirror Lake Highland Cottages preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF. FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's October 10, 2008, Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council subject to the following: the revisions to the conclusions, attached hereto as Exhibit B and incorporated by this reference, which were part of the record before the Hearing Examiner, are hereby adopted. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be Resolution No. 08-535 Page 2 of 4 EX14, PAGE_-®F,2� treated as such. 2. Based on, inter glia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. herein. 3. The public use and interest will be served by the preliminary plat approval granted Section 2. Application Approval. Based upon the City Council's Findings of Fact and Conclusions as set forth in Section 1 above, the Minor Lake Highland Cottages preliminary plat, Federal Way File No. 07 -106874 -00 -SU, is hereby approved. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. 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 Resolution No. 08-535 Page 3 of 4 EXPIRIT PAGE-3-_OF�._ unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. 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 4H DAY OF NOVEMBER, 2008. ATTEST: Lip" �,Ad n/1 il " CITY CLERK, CAItOL WCNEILLYO APPROVED AS To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 10-28-2008 PASSED BY THE CITY COUNCIL: 11-04-2008 RESOLUTION NO. 08-535 Resolution No. 08-535 Page 4 of 4 CITY OF FEDERAL WAY EXHIRM c eeieuo � n•vee a.N aepenn ue� j .ep.a _oidnns, WCm aun ,,0^ C c VJ Q' a- a- Q y �..� N V1 a) N <o _Lo M 0 CO N O co N ii Q ��� �°n CCL CO to o- ^X, o C C V m m N c 9 O E p) � E vj o 0 l6 10 O O U'mcrU ►- U VIVO 39VH3AOO 3115 PUB SV3biV O,03H MisIIOH 3LILLLI '1V11lvvsnS 3WOH 3°JVILOO r mm $ �m. �$ �� r 1%BEL GOOMFJZL 31V13 3f1S51 �+i�l�I� � VM 'AVM WN303d t �a � - E mrn 1S 413 LS MS ti09 _ _ .Am wa GOWA80LJlLwuaww°JA�'" IN i6��}I!I L $O -: ONVlHE21H 3)IV'i IJOt!li1W ova oloinn3n 61 U �x E$ E n oiaa 3AOEIV 33S 3NIT ^ �J Z _ Q Q Q N •*fix`. a+ r CO °oto - CO N C7 z.. ' a) Q U Z aF ccq c Y V . ...... . ... .... .. C c EESa� Q N r mm $ �m. �$ �� r 1%BEL W °$ � '/fir' i•� tx � - E mrn J E E3 1 -: � �x E$ E n oiaa o ._ > ANLL U(38 @On $Ct is $ W 12, Q U) U a CL � N U) O _ Cl) @ O w } OV o3m o ,N'mgj O O C C LL `O Q 1--r -� pp - '.. �III�.. �E - � .O LLIce ` a7cc O .. lo rL v o O> O E ujU P p E EXHIBIT v W co N y a7 tp (fin co cp r (h is CL C co n # oc: N N caE a J E�= a O� E U w U `L° 1 E O U #; •, _$ 9 Q N r mm $ �m. �$ �� r 1%BEL W r � '/fir' i•� tx � - i J E E3 1 � � �x E$ E n oiaa �U U �m @On $Ct o EcS"`m 5 E m E ? 3 < U) U a CL � N U) O _ Cl) @ O w } OV o3m o ,N'mgj O O C C LL `O Q 1--r -� pp - '.. �III�.. �E - � .O LLIce ` a7cc mn!IE� jj m '3 9 o, lo rL v o i v R •�-�i.�l�� r mm $ �m. �$ �� r 1%BEL W Q :� tplod '/fir' i•� tx � - It v ; e ' 1 Ni i v R •�-�i.�l�� r mm $ �m. �$ �� r 1%BEL W Q :� tplod '/fir' i•� -�� v ; Ni o Z < U) U a CL � N U) O _ Cl) @ O w } OV O O C C LL `O Q 1--r -� pp - '.. �III�.. �E - � .O LLIce ` a7cc O> O a" P p E EXHIBIT v PAGE--l-OF RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Final Plat, Federal Way, Washington, File No. 18 -104198 -00 -SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis; and WHEREAS, the 16 -unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions; and WHEREAS, on September 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Mirror Lake Highland Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated October 10, 2008; and WHEREAS, the Mirror Lake Highland Preliminary Plat, City of Federal Way File No. 07 -106874 -00 -SU, was approved subject to conditions on November 4, 2008, by Federal Way City Council Resolution No. 08-535, which adopted the Hearing Examiner's findings and conclusions subject to revisions identified as Exhibit B Corrections to the Staff Report Entered into the Record on September 26, 2008; and WHEREAS, prior to the expiration of the preliminary plat approval, the Community Development Department approved extensions to the preliminary plat approval, dated August 8, 2014 and November 3, 2017; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 08-535 and the conditions of the plat approval extensions; and Resolution No. 19- PAGE I �JPage I � Re��17 (W WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report, dated January 7, 2019, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during its meeting on January 7, 2019; and WHEREAS, the City Council reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during the City Council's regular meeting on January 15, 2019. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Mirror Lake Highland Final Plat, City of Federal Way File No. 18 -104198 -00 - SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated January 7, 2019, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, Resolution No. 19- GX I I T F.- Page 2 of 5 Rev 6/ 17 PAGE � GFw sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 08-535, dated November 4, 2008, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20-135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Mirror Lake Highland Final Plat, City of Federal.Way File No. 18 -104198- 00 -SU, is approved as identified in the January 7, 2019 staff report. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. 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 Resolution No. 19- E'� Page 3 of 5 Rev 6/17 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----L- Page 4 of 5 EXH I w�( IT Rev 6/17 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- EXPIR I T Page 5 of 5 PAGE --.T— OF Rev 6/17 5c COUNCIL MEETING DATE: January 15, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: BROOK LAKE CENTER CONNECTOR TRAIL AT WEST HYLEBOS WETLANDS PARK — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 7, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer) DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated January 7, 2019 Options Considered: 1. Authorize staff to complete the design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park Project and return to the LUTC and Council for bid award, further reports, and authorization. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 15, 2019 City Council Consent Agend r approval. MAYOR APPROVAL: 2- / . /i- I RECTOR APPROVAL: Con4ttee Council I, Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January IS, 2019 consent agenda for approval. C mittee Chair ommittee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to complete design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and return to LUTC and Council for bid award, further reports, and authorization. " (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: January 7, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director�� FROM: John Mulkey, P.E., Street Systems Project Engineer SUBJECT: Brook Lake Center Connector Trail at West Hylebos Wetlands Park 85% Design Report and Authorization to Bid FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the 2019/2020 Surface Water Management (SWM) CIP budget (304, Project 284). In accordance with the approved budget this project is funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Parks Department maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. PROJECT ESTIMATED EXPENDITURES: Design $44,201 Construction $155,272 10% Construction Contingency $15,527 Construction Management $10,000 Total Project Costs $225,000 AVAILABLE FUNDING: SWM CIP Funds $225,000 Total Project Funding $225,000 BACKGROUND: This Project will connect the terminus of the West Hylebos Wetlands Park Boardwalk Trail to the Brook Lake Center property on the east side of Brook Lake. The project is entirely on City -owned property and will provide a second access point to the West Hylebos Wetlands Park Boardwalk Trail. The West Hylebos Wetlands Park and Boardwalk Trail are critical to SWM's public education and outreach efforts, including the annual Storming the Sound with Salmon Release Event, which has grown significantly since 2014. Logistics, safety, and parking are a challenge as the number of students, school busses, education stations, and salmon fry to be released have increased each year. Presently, the Boardwalk Trail ends at the northern end of Brook Lake at the Brook Lake Overlook. Building the Connector Trail will connect the Brook Lake Center to the existing Boardwalk Trail and allow additional access to facilities for students and the 40+ volunteers that sponsor education stations. Improved logistic efficiency during the release event will allow SWM to sustain the event and the completed Connector Trail will provide all City residents another access point to the Park. January 7, 2019 Land Use and Transportation Committee Brook Lake Center Connector Trail at West Hylebos Wetlands Park 85% Design Report and Authorization to Bid Page 2 The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks. • Topographic survey • Project Design to 85% • Joint Aquatic Resources Permit Application (DARPA) and Hydraulic Permit Approval (HPA) Ongoing tasks include: Contract specifications to 100% Project design to 100% Staff are requesting authorization to bid at this time as the project has a deadline of April 26, 2019 for completion of construction, and retuning to LUTC and Council for 100% design costs would impact the ability to complete the work by that deadline. The Project costs are not expected to increase substantially and stay within the expected budget. SUBJECT: MASTER LIGHTING SERVICES AGREEMENT—PSE - PHASE 1 POLICY QUESTION: Should Council authorize the Mayor to execute the Master Lighting Services Agreement and associated Task Order with Puget Sound Energy (PSE) to complete the LED street light conversion of approximately 2,400 cobra head street lights? COMMITTEE: Land -Use and Transportation 5d MEETING DATE: January 7, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston, P.E., Senior Traffic Enginee DEPT: Public Works Attachments: Committee Memo dated January, 7, 2019 Options Considered: 1) Authorize the Mayor to execute the Master Lighting Services Agreement and associated Task Order with PSE. 2) Do not authorize the Mayor to execute the agreement and provide direction to staff. MAYOR'S RECOMM ION: The Mayor recommends Option 1. MAYOR APPROVAL: � / DIRECTOR APPROVAL: ?c/ 12 v Conlinittee Councill Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January IS, 2019 City Council consent agenda for approval. Mark KotiDirne. Committee Johnson, Committee Member Committee PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign and execute the Master Lighting Services Agreement and associated Task Order with PSE. " (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: January 7, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor ) FROM: EJ Walsh, P.E., Public Works Director lei„L, Erik Preston, P.E., Senior Traffic Engineer 5F SUBJECT: Master Lighting Services Agreement — Puget Sound Energy LED Street Light Conversion Proiect — Ph. 1 FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the transportation capital fund (306). In accordance with the approved budget this project is funded by a grant from the Washington State Department of Commerce in the amount of $350,000 and an interfund loan of $3,150,000.00. The interfund loan is projected to be paid back from the energy savings over a seven to ten (7-10) year period. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project will replace all existing streetlights throughout the City from the current High -Pressure Sodium (HPS) technology to the more efficient Light -Emitting Diode (LED) technology. LED streetlights use far less energy than HPS streetlights to produce the same lighting levels and also provide a higher quality light that improves color recognition. This conversion should produce significant energy savings while also improving public safety. The City will also acquire a control system for the City -owned and -maintained lights to improve maintenance operations by managing streetlight assets and implement dimming strategies. Such a system will allow City staff to respond immediately to streetlight outages and knockdowns without having to wait for a member of the public to notify staff of the outage. Project Scope and Costs The project will be done in two phases. The City -owned lights will be completed through Energy Savings Contracting (ESCO) which was awarded to Ameresco in 2017. The Puget Sound Energy (PSE) owned and maintained lights will be completed through a separate agreement with PSE. The estimated replacement costs are as follows: *Includes design and construction engineering. Estimated TOTAL Qty. Estimated Replacement Cost* City Owned & Maintained Cobra heads (incl. controls) 1,820 $2,080,000 City Owned & Maintained Decorative (incl. controls) 400 $480,000 PSE Owned & Maintained (Schedule 53) — cobra heads 2,400 $182,917 PSE Owned & Maintained (Schedule 53) — post top 320 $220,000 $2,962,917 *Includes design and construction engineering. Land Use and Transportation Committee Master Lighting Services Agreement — Puget Sound Energy LED Street Light Conversion Project — Ph. I January 7, 2019 Page 2 of 2 The following provides a brief synopsis of the progress on this project to date. Completed tasks: • Completed GIS inventory of all City -owned streetlights • Selected streetlight control system (ConnectWorks by CIMCON) • Selected a street light fixture (EATON cobra heads) and completed lighting level design. • Ordered street lights. Ongoing tasks include: • Finalize Master Lighting Services Agreement and Task orders with PSE for PSE -owned street light conversion. • Finalize rebate agreement with PSE for City -owned street lights. Future Tasks include: • Purchase, and install control system • Construction/Conversion of cobra head and decorative streetlights PROJECT SCHEDULE Execute PSE Agreement Begin Construction/Conversion to LED and Control System installation Finish Construction/Conversion to LED (City -owned) Finish Construction/Conversion to LED (PSE -owned) PROJECT ESTIMATED EXPENDITURES: Design & Construction $3,000,000 Contingency $240,000 TOTAL PROJECT COSTS $3,240,000 AVAILABLE FUNDING: City Interfund Loan $3,150,000 Energy Efficiency Grant (State DOC) $350,000 TOTAL AVAILABLE BUDGET $3,500,000 Current Request January 2019 January 2019 March 2019 September 2019 Staff is requesting City Council to authorize the Mayor to execute the Master Lighting Services Agreement and associated Task Order for PSE to complete the LED street light conversion of approximately 2,400 cobra head street lights. Staff will return within a few months for execution of an additional Task Order for PSE to complete the LED conversion of approximately 320 post top / decorative street lights. MASTER LIGHTING SERVICES AGREEMENT NO. 47 This Master Lighting Services Agreement (this "Agreement") is made effective as of (the "Effective Date"), by and between Puget Sound Energy, Inc. ("PSE"), and The City of Federal Way ("Customer") (each a "Party," and collectively the "Parties"). RECITALS A. PSE is in the business of, among other things, providing custom lighting services ("Lighting Services") under and pursuant to Schedule 51, Schedule 52, Schedule 53 and/or any other applicable schedule included in PSE's Electric Tariff G (each, a "Schedule") on file with the Washington Utilities and Transportation Commission ("WUTC"). B. The Customer desires PSE to provide certain Lighting Services to the Customer as set forth in each Custom Street Lighting Order, substantially in the form attached hereto as Exhibit A to this Agreement, entered into by the Parties from time to time during the term of this Agreement that references this Agreement and is signed by both Parties (each, an "Order"). C. PSE is willing to provide such Lighting Services to the Customer subject to and in accordance with the terms and conditions set forth in this Agreement, in the applicable Order and in the associated Schedule. AGREEMENT The Parties, therefore, agree as follows: Section 1. Lighting Services Ll Products and Services. PSE will provide to the Customer the Lighting Services set forth in each Order and the most current version of the Schedule applicable to the Lighting Services covered by such Order (the "Services"). Each Order will describe and identify the Lighting Services and the associated Schedule applicable to the Lighting Services covered by the Order and set forth all materials, information, property and other items provided for, used or incorporated into the Services (collectively, the "Facilities"). Each such Order and associated Schedule are hereby incorporated into and made a part of this Agreement by this reference. 12 Performance of Services. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, including the applicable Schedule(s), PSE shall use reasonable efforts to perform the Services. PSE shall perform the Services in accordance with the schedule provided in the applicable Order or associated Schedule with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Services. 13 Adjustments to the Services. PSE shall notify the Customer in writing of any reasonably anticipated adjustments to the Services that result from delays in PSE's performance of the Services caused by the Customer (or its agents, servants, employees, contractors, subcontractors, or representatives), or any conditions beyond PSE's control. The Parties -1- acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Services. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use reasonable efforts to promptly respond to such requirements. lA Performance by Customer. The Customer shall pay PSE for the Services in accordance with the applicable Order and the associated Schedule. In the event the Customer is unable to perform any of its obligations under this Agreement to PSE's satisfaction, the Parties shall use reasonable efforts to adjust the Services to allow additional time for the Customer to perform such obligations. If the Parties cannot reasonably agree upon such a schedule adjustment, PSE may, at its option, terminate this Agreement by giving written notice to the Customer, and the Customer shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 1.5. U Term and Termination. The term of this Agreement will commence on the Effective Date and will end thirty (30) days after the expiration or termination of all Orders entered into by the Parties under this Agreement, unless earlier terminated by mutual written agreement of the Parties. Service under each Order is effective for as long as such Order remains in effect, as specified in the Order and/or in the then -current version of the Schedule applicable to the Lighting Services covered by the Order. The effect of termination of any given Order, including the Parties' respective responsibilities for the costs of removal or salvage of any Facilities associated with the Services, will be as set forth in the Order or associated Schedule. Section 2. Permits. The Customer shall be solely responsible for any costs related to the acquisition of any and all operating rights, permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval necessary or convenient for the Services (collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Services, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Services and all rights of appeal with respect to the Permits shall have been exhausted. The Customer shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 3. Easements. The Customer shall be solely responsible for any costs related to the acquisition of any and all easements, right-of-ways, or any other property rights necessary or convenient for the Services (collectively, "Easements"). The Easements shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence performance of the Services, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Easements necessary for the Services and all rights of appeal with respect to the Easements shall have been exhausted. The Customer shall be responsible for performance of and any costs associated with any mitigation required by the Easements. -2- Section 4. Construction Services 41 Construction Services. The Customer shall be solely responsible for, or shall reimburse PSE for, all costs and expenses for any construction or installation services necessary to perform the Services as set forth in each Order ("Construction Services"), which may include any restoration costs and/or the removal of excavated materials; costs and expenses to relocate or rebury Facilities if the area is not within grade; costs and expenses for trenching and backfilling of pole holes; costs and expenses associated with any unforeseen soil or pavement conditions that would increase the cost of service; and all costs and expenses associated with any other unforeseen Construction Services that would increase the cost of service. The costs for the Construction Services ("Construction Costs") shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the costs enumerated in this Section, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 42 Payment. The Customer shall pay PSE for the Construction Costs in accordance with the applicable Order. Section 5. Transfer of Assets If the Customer and PSE have agreed that, as part of any Order, the Customer shall transfer certain assets to PSE, Customer shall, contemporaneously with the execution of the applicable Order, duly execute and deliver to PSE a Bill of Sale in form and content as mutually agreed upon between the Parties and, pursuant to the terms of the Bill of Sale, sell, transfer, assign, convey and deliver to PSE all right, title and interest in the assets set forth or otherwise described in the Bill of Sale. Section 6. Disclaimers and Limitation of Liability 6.1 Disclaimer. Without limiting any express obligations PSE has under this Agreement or under the applicable Order or associated Schedule (or other applicable tariff on file with the WUTC), PSE makes no representations or warranties of any kind, express or implied, with respect to the Services or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 6.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Services or this Agreement. Section 7. Miscellaneous 7.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC, including the applicable Schedule(s). In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. -3- 7.2 Survival. Sections 1.5, 4.2, 5, 6 and 7 shall survive any expiration or termination of this Agreement. Except as otherwise provided herein, following expiration or termination of this Agreement neither Party shall have any further obligations arising under this Agreement. 7.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision. 7.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by both Parties. 7.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Services or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 7.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 7.7 Notice. Any notice or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person or mailed to the attention of the signatories below. Either Party may change such address or contact by written notice to the other Party. 7.8 Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington without reference to its choice of law provisions. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. -4- PSE: Puget Sound Energy, Inc. By Its Customer: By Its Address: Address: Attn: -5- Attn: 5e SUBJECT: ACCEPTANCE OF FY 2019 KING COUNTY CFT FUNDS. POLICY QUESTION: Should the Council authorize SWM staff to accept FY 2019 King County Conservation Futures Tax levy (CFT) funds in the amount of $500,000 and approve the amendment to the King County -City of Federal Way CFT Inter -local Agreement (ILA)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 7, 2019 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 memorandum dated January 7, 2019. Options Considered: 1. Authorize SWM staff to accept FY 2019 King County CFT funds in the amount of $500,000 and approve the amendment to the King County -City of Federal Way CFT ILA. 2. Do not authorize SWM staff to accept the FY 2019 King County CFT funds in the amount of $500,000 and do not approve the amendment to the King County -City of Federal Way CFT ILA and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 15, 2019 City Council Agenda for approval. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: f%/ Z) 11,3 nitial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 15, 2019 consent agenda for approval. Mark Koi)AK Committee mohair Jess(eMhnson, Committee Member Hoang TrYn, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize SWM staff to proceed with acceptance of FY 2019 King County CFT funds in the amount of $500,000 and to approve the amendment to the King County -City of Federal Way CFT ILA. " (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: January 7, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Theresa Thurlow, P. E., Surface Water Mana er EJ Walsh, P.E., Public Works Director 7 SUBJECT: Authorization to Accept FY 2019 King County Conservation Futures Funds levy (CFT) and amendment to the King County CFT ILA FINANCIAL IMPACTS: The Hylebos Conservation Property Acquisition project was included in the 2017 SWM CIP update and approved by City Council on June 6, 2017. The approved budget for this project is $2,000,000 of which $1,000,000 is SWM CIP (304) funding and $1,000,000 is King County Conservation 2018 Futures Tax levy (CFT) award. In February 2018, City Council authorized SWM staff to apply for an additional $1,000,000 under the CFT program for the purpose of acquisition of property within the East Hylebos watershed. The application did not include a match as additional SWM CIP (304) funds are not available for this acquisition plan. The City's acquisition consultant indicated that private funding, state grants, or other yet to be identified funding will be available for the required match at the time CFT funds are awarded. Acceptance of the FY 2019 CFT funding will require identification of matching funds when the FY 2019 CFT funds are required for acquisition. BACKGROUND: Staff received notification that the funding application was approved in the amount of $500,000 and will be available for reimbursement to the City for East Hylebos watershed conservation property acquisition provided the 100% match required for this funding is available. Project (Funding Phase) Est Acquisition Year King County CFT 100% City Match East Hylebos Basin $8,500,000E Vis.,,._, Acquisition 2017 $1,000,000 SWM CIP (304) 2018 $500,000 TBD In addition, King County ordinance 18827 (see attachment 1) has authorized an amendment to the City - County CFT ILA (see attachment 2) that make changes to Section 8.2, which requires amendment to the City -County CFT ILA to reflect new awards before reimbursement with CFT funds for acquisition project expenditures can be distributed. Section 8.2 of the ILA requires both King County Council approval and City Council approval of any ILA amendment. The proposed changes to Section 8.2 will expedite the CFT funding award process by 6 — 12 months. All other types of ILA amendments would still require Council approval and City approval. The amendment also makes a minor change to Article VII to how amendments are referenced in the ILA, removing the requirement to update this particular section in amendments for future awards. Again, this amendment has been proposed to streamline the CFT funding award implementation process. Attachments: King County ordinance 18827 King County — City of Federal Way CFT ILA Amendment KING COUNTY Signature Report November 14, 2018 Ordinance 18827 1200 King County Courthouse 516 "Third Avenue Seattle, WA 98104 Proposed No. 2018-0487.2 Sponsors Upth.egrove 1 AN ORDINANCE authorizing the use of an amendment 2 template to interlocal cooperation agreements with the 3 cities of Auburn, Bellevue, Black Diamond, Bothell, 4 Burien, Carnation, Covington, Des Moines, Duvall, 5 Enumclaw, Federal Way, Issaquah, Kenmore, Kent, 6 Kirkland, Lake Forest Park, .Mercer Island, Milton, 7 Newcastle, Normandy Park, North Bend, Pacific, 8 Redmond, Renton, Sammamish, Seattle, Shoreline, 9 Snoqualmie and 'Tukwila, Vashon Park District and 10 Vashon-Maury Island Trust, for open space acquisition 11 proj ects. 12 STATEMENT' OIFACTS: 13 1. King County conservation futures tax levy funds are collected from 14 throughout King County as a dedicated portion of property taxes, for the 15 acquisition of open space and. natural resource lands. 16 2. K.C.C. 26.12.010 established procedures for the annual allocation of 17 conservation futures tax levy funds, which directs the conservation futures 18 citizens committee to make funding recommendations to the icing County 19 executive, to consider for inclusion in the annual appropriation ordinance. Ordinance 18827 20 3. Funds are disbursed to cities or other entities through new interlocal 21 cooperation agreements or amendments to existing interlocat agreements. 22 4. Currently, all amendments to existing interlocal agreements require 23 approval by the respective city council or other governing entity and the 24 county council. 25 5. In the past, after the council appropriated moneys for projects for 26 entities with which the county already has interlocal agreements, the 27 executive transmitted a proposed ordinance for approval of amendments to 28 the interlocal agreement, with each entity to contractually recognize the 29 moneys already appropriated by attaching a funding allocation attachment 30 for affected entities. 31 6. All amendments or modifications to the existing interlocal agreements other 32 than those amendments that contractually allocate conservation futures already 33 appropriated by council shall require council review and approval by ordinance. 34 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 35 S14ICTION,..,1„.. Findings: 36 A. To reduce the duplication of council review, a template amendment for 37 existing conservation futures interlocal agreements, Attachment A to this ordinance, 38 provides that once the council has appropriated moneys for an entity's projects, the 39 executive is authorized to execute follow-on amendments to that entity's existing 40 interlocal agreement setting forth the conservation futures allocation, if the affected entity 41 agrees, without prior council approval. 42 B. Attachment.B to this ordinance is the council -approved template for the 2 Ordinance 18827 43 follow-on funding amendments. 44 C. All amendments or modifications to the existing interlocal agreements other 45 thaft those amendments that contractually allocate council -appropriated conservation 46 futures moneys shall require council review and approval by ordinance. 47 SECTION 2. A. The executive is hereby authorized to execute an amendment to ....... . ..... . . ....... __._ - 48 the interlocal agreements with the cities of Auburn, Bellevue, Black Diamond, Bothell, 49 Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, So Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, Milton, Newcastle, 51 Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, Seattle, Shoreline, 52 Snoqualmie and Tukwila, Vashon Park District and Vashon-Maury Island Trust, for open 53 space acquisition projects, in substantially the form of Attachment A to this ordinance. 54 B. 'Fhe executive is authorized to execute follow-on amendments, substantially in 3 55 56 57 Ordinance 18827 the form of Attachment B to this ordinance, with each respective entity receiving conservation futures funding as previously appropriated by the council. Ordinance 18827 was introduced on 10/8/2018 and passed by the Metropolitan King County Council on 11/13/2018, by the following vote: Yes: 9 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr. Dunn, Mr. McDermott, Mr. Dembowski, Mr. Upthegrove, Ms. Kohl -Welles and Ms. Balducci No: 0 Excused: 0 ATTEST: Melani Pedroza, Clerk of the KING COUNTY COUNCIL KING COUNTY, WASHINGTON c j:: county ± Y) APPROVED this A—J— day of2018. Chair Dow Constantine, County Executive Attachments: A. Amendment to the Conservation Futures Interlocal Cooperation Agreement, Revised 10/26/18, B. Proposed Funding Amendment Template 4 rr -'� X C_ * " C) r�J Dow Constantine, County Executive Attachments: A. Amendment to the Conservation Futures Interlocal Cooperation Agreement, Revised 10/26/18, B. Proposed Funding Amendment Template 4 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND FEDERAL WAY FOR OPEN SPACE ACQUISITION PROJECTS Preamble THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as previously amended. The parties mutually desire to amend the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: Amendment 1: Article VIII. Other Provisions The text in Section 8.2 is deleted in its entirety and replaced with the following: The parties reserve the right to amend or modify this agreement. Amendments or modifications to disburse funds approved by the County Council must be by written instrument signed by the parties. Other amendments also must be approved by the respective City and County Councils. Amendment 2: Article VII. Responsibilities of County The first two sentences of this article are deleted and replaced with the following: Subject to the terms of this agreement, the County will provide Conservation Futures Levy proceeds in the amounts and for the projects shown in Attachment A to this agreement and as well as in those amounts and for those projects shown in subsequent amendments to this agreement. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachment A and any subsequent amendments. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement, and shall become Amendment J. Amendment J CFT Interlocal Cooperation Agreement Between Federal Way and King County IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY FEDERAL WAY Dow Constantine King County Executive Mayor Date: Date: Approved as to form: Dan Satterberg King County Prosecuting Attorney Approved as to form: Amendment J 2 CFT Interlocal Cooperation Agreement Between Federal Way and King County Attachment B (proposed funding amendment template) - 18827 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN :KING COUNTY AND THE CITY OF FOR OPEN SPACE ACQ[JIS:I'1'IO N l'RO.IECTS ...""'" Preamble 'I'he King County Council, through Ordinance 9128, has established a Conservation Futures I:,evy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional funds made available for open. space acquisition. 171-11S AMENDMENT is entered into between the CITY OF and. K.INC'i COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the _........................ _ day of Month), (Year), as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy proceeds allocation for the _ project, and hereafter reads: « On , 20_, the King County Council passed Ordinance , which appropriated a total of,_,,_,, dollars ($___) in 20 ............. Conservation Futures Levy proceeds to the City of_ for the _ project. In accordance with Section 8.2, the executive or designee is authorized to execute this Amendment. Amendment 2: Article V. Conditions of A xrcye pent Section 5.1 is amended to include the Exhibit attached to this ............. Amendment, which. lists a 20 _ Conservation Futures Levy proceeds allocation for the........project. .......................................................... Amendment 3: Exhibit _ The Interlocal Cooperation Agreement is hereby amended by adding Exhibit__, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation. Agreement as previously amended. Attachment B (proposed funding amendment template) - 18827 Once frilly executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment— IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUN'T'Y CITY OF Dow Constantine King County Executive Mayor Date: Approved as to form: Date: Approved as to form: Dan Satterberg King County Prosecuting Attorney City Attorney 0� Attachment B (proposed funding amendment template) -18827 EXHIBIT Project Description: 5f COUNCIL MEETING DATE: January 15, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST FOR PROPOSALS —UNDERGROUND UTILITY LOCATE CONTRACT POLICY QUESTION: Should Council authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization? COMMITTEE: Land -Use and Transportation MEETING DATE: January 7, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree Winkler PE; Deputy Public Works4�1--"D EPT: Public Works Director Attachments: Committee Memo dated January, 7, 2019 Options Considered: 1) Authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization 2) Do not authorize staff to request proposals for the Underground Utility Locate Contract and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: Initial/Date V Initial/Date DIRECTOR APPROVAL: 12 1-Z i I Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 15, 2019 City Council consent agenda for approval. PROPOSED COUNCIL MOTION: "I move to authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 12/2017 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Desiree Winkler, P.E., Deputy Public Works Director SUBJECT: Request for Proposals — Underground Utility Locate Contract FINANCIAL IMPACTS: This project was included within the 2019-2020 budget for both Surface Water Management and Traffic Division for a total of $92,410 per year. This will replace the current Traffic contract of $27,410 per year with King County. No new General Fund money will be allocated to this contract, however the City's risk associated with utility strikes will be reduced from the current contract amount. Within the Surface Water Management $65,000 per year has been programmed to fund this contract. To continue to meet the expanding requirements of our NPDES Permit, without this contract, the City would need to either hire an additional SWM Inspector or outsource other inspection work. Both of those options would have a larger financial burden on the City than outsourcing the utility locate contract. This contract will be managed by existing staff, and no other Financial Impacts are anticipated. BACKGROUND: During the 2019-2020 budget process Public Works reviewed all of our in-house and contracted services to identify both financial savings and also opportunities to create efficiencies within the Public Works Department. One area that was identified was the Underground Utility Locate program. The City is required by RCW to mark -out or confirm there are no City owned utilities (Surface Water, Street and Traffic Lights, Fiber) when a One Call is requested within City Limits. Currently a Surface Water Management Inspector marks -out Surface Water utilities; Street and Traffic Lights are marked out as part of a contract with King County; and Fiber is largely not marked. In the event of a utility being hit during construction, if the City did not mark or cause the utility to be properly marked, the City is liable for the repair costs. Surface Water Management originally had 0.2 FTE of an inspector dedicated to meeting this requirement. Currently SWM has 0.5 FTE dedicated to complete the increased workload associated with the increasing amount of development occurring within the City. Inspection requirements from Ecology associated with the City's NPDES Permit have also increased over the last several years and without outsourcing this SWM will be required to bring in additional staff or contracts to complete other NPDES Permit mandated requirements such as Commercial Inspections, Surface Water Outfall Inspections, and Catch Basin Inspections. Within the 2019 -2020 budget, Surface Water allocated $65,000 towards contract funding. Traffic currently contracts with King County to complete this work at an approximate cost of $27,410 per year. In accordance with the King County Contract, they operate as an extension of our staff, meaning if something is not marked or miss -marked the City is liable for the damage to the utility, not the County. This same funding amount is proposed to be transferred to this program, with no increase in funding. January 7, 2019 Land Use and Transportation Committee Request for Proposals — Underground Utility Locate Contract Page 2 IT typically does not mark out fiber, meaning if there is a strike or damage, the City is fully liable for damages. While these are not budgeted, when a strike occurs it typically costs approximately $5,000 to $50,000. The cost for IT to be included within this contract was identified as approximately $10,000 per year, however this was not funded as part of the 2019-2020 budget. The approved budget includes outsourcing both the Surface Water Management and the Traffic components to a single, competitively secured, contract. As part of the new contract, the successful firm will assume the liability that is currently being transferred from King County to the City. Staff is requesting authorization to request proposals and return to LUTC and Council for further reports and authorization. SUBJECT: 2019 PARKS AND RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2019 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: 1/8/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Background: The Parks and Recreation Commission discussed their 2019 Work Plan during their December Commission meeting and voted to forward to the Council their proposed Work Plan for approval. Attachments: 2019 Parks and Recreation Commission Work Plan. Options Considered: 1. Approve the proposed Parks and Recreation Commission 2019 Work Plan. 2. Do not approve the proposed 2019 Work Plan and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1 MAYOR APPROVAL: ConAittee Initial/Date APPROVAL: Ininal/Date 47 COMMITTEE RECOMMENDATION: I move to approve the 2019 Parks and Recreation Commission Work Plan and for4itt January 15, 2019 full Counci consent agenda for approval. C mmittee Chair Committee Member Co ee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Parks and Recreation 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 # CITY OF A 61 Federal Way Parks & Recreation Commission 2019 Work Plan Project Summa /Objectives Commission Tasks When Status 1. Host public meetings/open houses to gather Park, Recreation & Open Continue to work on the new plan so the information/feedback 1St — 2nd Space Plan department is eligible for grant funding 2. Participate in process, review drafts qtr. 3. Forward recommended plan to Committee & Council Panther Lake Project Work with staff on the final phase of construction 1. Grand Opening/Ribbon Cutting 1St qtr. Annual Playground Improvement of playground equipment in existing 1. Monitor and participate in playground replacements at Equipment Replacement parks appropriate for the neighborhood Wedgewood and Mirror Lake. 1St & 3rd tr. Support volunteer events in City Parks in 1. Identify and sponsor scheduled volunteer's activities. 2019 Volunteer Events conjunction with Parks Appreciation Day in April. 2. Recruit volunteers. 3. Volunteer lu events. 1St _ 3rd qtr. Serve Day in October 1. Help promote and encourage participation in Parks & Red, White & Blues Recreation Programs. 2nd _ 3rd Festival Support the success of the Event 2. Setup a Commission booth and promote the Parks & qtr. Recreation Department. 1. Identify areas where we can link existing trails or paths Trail Connectivity Evaluate regional connectivity of pedestrian & with new routes 2. Work with staff to develop a standard wayfinding system 3rd _ 4th walking paths to include maps, signs and other ideas. qtr. 1. Participate in process to develop the scope of the Master 1 St _ 4th Brooklake CC Master Plan Brooklake Property Plan process. qtr. 1. Continue pursuing/identifying funding options Lakota Park Upgrade Park amenities 2. Discuss on how to encourage the Federal Way School 1St _ 4tn Board to partner in funding the project qtr. 1. Create Sub -Committee. Park Code Updates Update/amend Park Code 4.05 2. Review existing Park Code and other jurisdictions code. 1 St — 4th 3. Forward recommended amendments to Committee & qtr. Council. Hylebos Blueberry Farm Provide staff with a plan to keep the volunteer 1. Host a series of three public meetings to solicit public St Master Plan efforts moving forward input to generate a plan for future development of the 1 qtr. arcel 5h COUNCIL MEETING DATE: January 15, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FOUR SEASONS CONSTRUCTION, LLC. RETAINAGE RELEASE POLICY QUESTION: Should the City accept the Panther Lake Trail Pervious Concrete parking lot work as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: January 8, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks ......................P............................................................P.....�........................................................................................................................................................................................................................................................................_..........._.........................._...................................... ................................................................................. History: The City worked with Four Seasons Construction, LLC. on the installation of the pervious concrete parking lot at the Panther Lake Trail in the amount of $135,300.00. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue, Department of Employment Security and Department of Labor and Industries requirements. Options Considered: 1. Accept the work on the pervious concrete parking lot at Panther Lake Trail as complete and release $6,150.00 retainage to Four Seasons Construction, LLC. 2. Donot accept the work as complete, and provide direction to staff. .. ......................_ MAYOR'S RECOMMENP+TION: Option 1 _ MAYOR APPROVAL: 7�DIRECTOR APPROVAL: Comms ee COMMITTEE RECOMMENDATION: I move to forward the acceptance of Four Seasons Construction, LLC work on the pervious concrete parking lot at the Panther Lake Trail as complete and forward the authorization for staff to release retainage i the amount of $6,150.00 to the January 15, 2019 City Council consent agenda for approval. o ittee Chair Committee Member CogffAittee Member. PROPOSED COUNCIL MOTION: "I move to accept the work on the pervious concrete parking lot at Panther Lake Trail as complete and authorize staff to release Retainage in the amount of $6,150.00 to Four Seasons Construction, LLC. " (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 # 5i COUNCIL MEETING DATE: January 15, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NATIVE GREEN LANDSCAPES RETAINAGE RELEASE POLICY QUESTION: Should the City accept the Panther Lake Trail construction work as complete and authorize staff to release Native Green Landscapes Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: January 8, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks .................................P.........................-.................................P....t}...........---....................................................................................................................................................._._........................................................ _....................... _........ _..... ----...... _............. _... ....................................... History: The City worked with Native Green Landscapes on the construction of the Panther Lake Trail in the amount of $644,665.00. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue, Department of Employment Security and Department of Labor and Industries requirements. Options Considered: 1. Accept the work on the Panther Lake Trail as complete and release $29,302.95 Retainage to Native Green Landscapes. 2. Do not accept the work as complete, and provide direction to staff. _ ........ ................. .. ....... . P ......... ......... -- ....... MAYOR'S RECOMMEND ION: Option 1 MAYOR APPROVAL:I-I&I—� -7/J RECTOR APPROVAL: <G41 /Z /V/fb Commi ee C ncil Committee COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Native Green Landscapes work on the Panther Lake Trail as complete and forward the authorization for staff to release retainage in the amount of $29,302.95 to the January 15, 2019 City Council consent agenda for approval. PROPOSED COUNCIL MOTION: "I move to accept the work on the Panther Lake Trail as complete and authorize staff to release Retainage in the amount of $29,302.95 to Native Green Landscapes. " (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 - 08/12/2010 RESOLUTION # ' COUNCIL MEETING DATE: January 15, 2019 ITEM #: 5 J ............................................................ .................................................... ....................... - ................................................................................................................. ............................................................................... I ...................................................... -- .................. . . . . . .................... ....................... . .. . ............ . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE OF 5 FORECLOSED KING COUNTY PARCELS POLICY QUESTION: Should the City purchase 5 parcels of real property from King County for open space and recreation? COMMITTEE: PRHSPS Committee MEETING DATE: January 8, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen lkerd, Deputy Director ss- DEPT: Parks .................................................... .....................................................P........................................................................�'......................................................................................................................................................................................................................................._......................_..._..__.._.............................__......................................... Attachments: History and request memo, GIS parcel location maps Options Considered: 1. Approve the purchase of 5 parcels of real property from King County listed in the table of the attached memo using $11,500 of unallocated mitigation funds. 2. Do not approve the purchase and use of unallocated funds, and provide direction to staff. ..............................................................................._.........._......_.._............................................................................................................................................__...................................................._........._.............._T.._.__.....__.... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: y► 4' Y' DIRECTOR APPROVAL: _6a /Z-1Iel a Comuffftee 1 17 06uncilIommieeee COMMITTEE RECOMMENDATION: I move to approve the purchase of 5 parcels of real property from King County using $11,500 of unallocated mitigation funds to the January 15 2019 City Council consent agenda for approval. ommittee Chair Committee Member Corpo6ee Member PROPOSED COUNCIL MOTION: "I move to approve the purchase of 5 parcels of real propertyfrom King County using $11,500 of unallocated mitigation funds" (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 - 08/12/::010 RESOLUTION # CITY OF '�.... Federal Way Parks and Facilities Division Date: December 20, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell West Hylebos Wetlands driveway John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Purchase 5 foreclosed King County parcels. Financial Impacts: The City of Federal Way has sufficient unallocated mitigation funds to cover this purchase. These funds were collected from developers as fee in lieu of open space dedication and must be used for open space and recreation purposes. Background: The City recently learned about several parcels called that were foreclosed for non- payment of property taxes and not sold at an annual Treasury Auction. The County identifies these as "Tax Title property" and holds them in trust for taxing districts and has the authority to sell them directly to other government agencies. Five (5) of the parcels on the list are located in Federal Way and are directly associated with existing parks or open spaces. It is in the City's best interest for the City to have ownership. Parcel #1 in the below table is the existing driveway in West Hylebos Wetlands Park and very important that the City own and be able to control this access. # Parcel Location Purchase price 1 2021049183 West Hylebos Wetlands driveway $2,000 2 3021049009 Madrona Park $2,000 3 2180001394 Brighton Park Open Space $2,500 4 3021049031 Brighton Park Open Space $2,500 5 9269100060 BPA & Panther Lake parcel $2,500 Purchasing Table Total purchase price request $11,500 Attachments: GIS maps showing the parcels and their relationship to City Park and Open Spaces. Request: Staff requests that Council approves the purchase of 5 parcels of real property from King County listed in the table above and use $11,500 of unallocated mitigation funds. Federal Way West Hylebos Wetlands Park 2021049183 �$ Ok A.yVo r .r A n r. z r R► y. R VIP 0_tJ�1 i t/ s/i��r I^ . t raa. Via. t!► fr*as r . , ili, Ar .!M qp"°} 2021049183 L%u fW *0' lXi P � ;at .�ri- � .•'` ,. �� ,'�...yr r .f X'. yet �' U' if w r 1 s" .41 f'Y .. n. �1• ,fir. 4L ASK � x; `n a •; �'f%s.� r• .• 77 A } L *� r • •'. xr C f t w, «� d+fw w� M' The information mcludedon this map has been compiled by King County stafffrom a variety of sources and is subject to change N , without notice. King County makes no representations orwarranties, express orimplied, astoaccuracy,completeness, timeliness, King County or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liable for arty general, special indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits GIS CENTER resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map s prohibited except by written permission of King County. Date: 8/8/2018 ,■ Federal Way Madrona Park - 3021049009, e. /�t �p.yyy 7777 �O .Z 'p0 A� �`.�•� _ t. r 7F+ �� *, a �' '•ted x. �.. 3 yy,. �!/'f�" . _ 4 49009 ' -.Mir 4104 241- �vw-- .i �� .. � � _.L � •- 1 -gas;1 Y 4 • - 'R-wx )4 onnn4 '�'° r lot ! ✓•«w `ice ,. _ � � _ .. - ' r► •-nim y ger - 4 a in The nformation included on this map has been compiled by King County stafffrom a variety of sources and is subject to change N without notice. KingCounty makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, ^ King County orrghts to the use of such information. This document is not intended for use as a survey product. King Countyshall not be liable ,N\ for arty general, special indrect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits GIS CENTER resulting from the use or misuse of the information contained on this map. Any sale ofthis map or information on this map s prohbited except by written permission of King County. Date: 8/8/2018 Federal Way 9269100060 Panther Lake Park a ell • a v' r t / R ' 060 - U , ow t• etry, King County y ing -O ndy The information included on this map has been compiled by King County staff from a variety of sources and is subject to change jy , withoutnotice.KngCointymakes norepresentations orwarranties, express orinpled,astoaccuracy,wmpleteness,timeliness, King County orrgtts to ft use of such information. This document is not intended for use as a survey product. King County shall not be liable for arty general, special indiect, incidental, or consequential damages ncludng, but not limited to, lost revenues or lost profits GIS CENTER resulting from the use or misuse of the irtormafion contained on this map. Any saleofthis map or information on this map's prohibited except by written permission of Kng County Date: 8/8/2018 ,s 6a 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: Jeffrey Watson, Community Services Manager DEPT: CD/CS 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 RECOMMEND, TION: Option 1 MAYOR APPROV DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 2, 2019 t— agenda for approygl. b"s• ,•j.SS Chair Committee Member CorVWttee Member 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 $100,000 and the corresponding Human Services Agreement for Family Shelter. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑,/ DENIED r /� n ` First reading LST ABLED EFERRED/NO ACTION+0 A$* J6 j^ "1i 14 Enactment reading ❑ ED TO SECOND READING (ordinances only) UUv 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. Page 1 22 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. Page 123 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. Page 124 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). Page 127 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. Page 1 31 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) Page 133 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. Page 135 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 Page 143 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 Page 144- 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 6b COUNCIL MEETING DATE: January 15, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ALLOCATION OF $100,000 FROM THE STATE POLICY QUESTION: Discussion Only COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Jeff Watson and Sarah Bridgeford DEPT: CD/CS ............... ........................................ ..................................................................................................................................._.._........................... .............................................................. _..._...__................................................................... _... _.... _............. ....._....................... .._....... _ ....... _... _....... ---......... Attachments: Staff Memorandum Background: 1. The Washington Legislature provided $100,000 to the City of Federal Way for emergency shelter for homeless families with children. Further discussion will be at the Parks, Recreation, Human Services, and Public Safety Committee Special Meeting scheduled for January 14, 2019. MAYOR'S RECOMMENDATION: The Mayor concurs with staff recommendations as presented in the attached memorandum. /1 MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL -Ah-, //////g 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: January 11, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeff Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: Discussion on use of $100,000 for Emergency Family Shelters Background Information: The Washington Legislature provided $100,000 to the City of Federal Way for emergency shelter for homeless families with children. Given the information initially made available and with the intent of sheltering Federal Way families, a plan was proposed to provide immediate shelter options with comprehensive services for Federal Way families with children in partnership with Mary's Place Seattle. Since the proposal of a contract with Mary's Place Seattle was made, new information and uses of the funds were made available. It became clear that there were additional options for the use of the funds including any combination of or solitary investment in the provision of services to systems planning and pre -development costs. Staff talked with Mary's Place Seattle several times leading up to the PRHSPSC meeting on January 8, 2019 and they withdrew from project. While they will continue to serve Federal Way families and look forward to participating in efforts to address homelessness, especially for families with children, the immediate benefit for families to receive shelter in the cold winter months, will not be possible with the current options. Staff are making the following recommendations for the use of the funds: Use of funds for motel/hotel vouchers with limited services. Staff recognizes the need for shelter now exceeds the capacity of shelters in the region and continues to prioritize immediate shelter options for families. Hotel/motel stays are a more expensive option than traditional shelters given they do not include comprehensive services, but staff believes in expanding immediate options for Federal Way families that are in crisis now. Staff is recommending between $20,000 and $35,000 for this purpose. The cost estimate is based on $400 for a hotel stay per week with an average length of 8 weeks per family Rev. 7/18 and $1,500 maximum in assistance. At $20,000, this would serve four (4) families and include some support for staffing for the partner agency administering the funds. Use of the funds for pre -development costs for a shelter in Federal Way Funds could be used for pre -development costs for acquisition and/or property improvement projects. Staff is recommending $40,000 to $60,000 for this purpose. Projects costs can vary widely depending on the type and specific needs of project. Use of the funds to hire a City staff person for a Community Coordinated Response Collaborative in Federal Way Hiring a new staff person to work with community partners to create an ongoing Federal Way collaborative group, charged with coordinating and maximizing services and positive outcomes for people experiencing homelessness using the continuum of care and progress model. This is consistent with a recommendation in the Homelessness Task Force report to the Mayor and corresponding request in the City's 2019 Legislative Agenda. Staff is recommending $30,000 to $40,000 for a staff person. This position is not just about technical aspects, but relationships and collaboration building. Staff recommends that City fully fund this as an ongoing position. Process for Allocating Funds Use of funds for emergency shelter options via hotel/motels and for pre -development costs will require a competitive selection process per the City's approved Contract and Purchasing Manual. Staff are recommending a truncated process. Below is an example timeline to allocate and put funds to use as quickly as possible. • January 18 Public Notice of Letter of Interest (LOI) — LOI would be required to apply via a Request For Proposal (RFP) process • January 25 LOI due • January 28 RFP and application provided to LOI submitters • February 13 Applications due • February 15 Conclude staff review; provide applications to Human Services Commission (HSC) • February 25 HSC discussion and recommendations • March 12 Parks, Recreation, Human Services, & Public Safety Committee consideration • March 19 City Council action Staff will be happy to discuss further details about these recommendations and implementation of one or more of the recommendations. The Mayor has reviewed this memo and concurs with the recommendations of staff. Rev. 7/18 6c COUNCIL MEETING DATE: January 15, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF. REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five (5) members who serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each). Two (2) positions are currently vacant due to term expirations. One (1) application has been received. At their January 15, 2019 Special Meeting the City Council interviewed the applicant, Joann Piquette. Options Considered: 1. Appoint Joann Piquette to the Lodging Tax Advisory Committee with a term expiring October 31, 2020. 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A/f. CITY CLERK APPROVAL: (91 1011cl Committee Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: `I move the following appointment to the Lodging Tax Advisory Committee... " (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 # SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office .._........................._.._.................................._..............._..........................................._......_...__..._..........................Y................................._...................._.._.......................I...._......_. BACKGROUND: The Human Services Commission is comprised of nine (9) voting members and up to three (3) alternates who are appointed by the City Council to serve three-year terms (per FWRC 2.55.020). There are a total of six (6) vacant voting positions due to term expirations and one resignation. Eight (8) applications were received. At their January 15, 2019 Special Meeting the Council interviewed the eight applicants seeking appointment to the Human Services Commission (Cynthia Ricks-Maccotan, Tilman T. Parramore Sr., Jack Walsh, Betty Taylor, Ken Stark, Jack Stanford, Mary Schultz, and Julie Hiller). OPTIONS CONSIDERED: Make appointments to Human Services Commission as follows: Name`" Type Position Term 1. Voting 01/31/2022 2. Voting 01/31/2022 3. Voting 01/31/2022 4. Voting 01/31/2022 5. Voting 01/31/2022 6. Vacant Voting 01/31/2021 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A #IN CITY CLERK APPROVAL: Q (6 Committee ouncInitial/Dat r, Initial/DateInnial/r COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2015 RESOLUTION #