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PRHSPSC PKT 02-12-2019 - Canceled City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee February 12, 2019 City Hall 5:00 p.m. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/Description Pr er ction Council or Info Date A. Approval of January 8, 2019 Minutes 3 Action N/A B. Approval of January 14, 2019 Special Me n 7 Action N/A C. Equipment Purchase — One (1) Additio arks Dept. en 9 Action Consent Utility Cart Using Replacement Reserve 2/19/19 D. Use of Additional Unallocate u Ikerd 11 Action Consent Complete the Purchase o (1) For d 2/19/19 County Parcel for Open S nd Recre E. Authorization for Par loyee for a Ikerd 13 Action Consent 9-mon Term ded the . g Parks Budget 2/19/19 F. Parks, Recreat and 0 pace Plan Gerwen N/A Update N/A G. Hewing a MOU wi et Crimes Against Hwang 15 Action Consent 'Idren Task Force 2/19/19 H. Po ervices Agr ent with Commons Mall Hwang 41 Action Consent 2/19/19 I. Public Safety Testing (PST) Total Compensation Hwang 49 Action Consent Amendment from $37,500 to $47,500 2/19/19 J. 2019 Human Services Commission Work Plan Watson 55 Action Consent 2/19/19 K. Interlocal Agreement for South King Housing and Watson 59 Action Consent Homelessness Partners 2/19/19 Committee Members City Staff Jesse Johnson, Chair John Hutton,Parks Director Mark Kgooang Mary Jaenicke,Administrative Assistant II Martin Moore C:\Users\marshal)\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7QN67A29\02-12-2019 Agenda.doc 5. EMERGING ISSUES/PENDING ITEMS Topic Title/Description Presenter Info Time A. Performing Arts & Events Center (PAEC) Gressett e 10 mins. B. Broadcasting PRHSPS Committee meetings Fichtner cu 10 mins. C. Discussion on Homelessness Task Force Report Weidenfeld iscussio 10 mins. 6. ADJOURNMENT NEXT REGULAR MEETIN ar-------------------------- c 1 01 Committee Members City Staff Jesse Johnson, Chair John Hutton,Parks Director Mark Kgooang Mary Jaenicke,Administrative Assistant II Martin Moore C:\Users\marshal)\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7QN67A29\02-12-2019 Agenda.doc City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee February 12, 2019 City Hall 5:00 P.M. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description Presenter Page Action Council or Info Date A. Approval of January 8, 2019 Minutes 3 Action N/A B. Approval of January 14, 2019 Special Meeting Minutes 7 Action N/A C. Equipment Purchase — One (1) Additional Parks Dept. Gerwen 9 Action Consent Utility Cart Using Replacement Reserves 2/19/19 D. Use of Additional Unallocated Mitigation Funds to Ikerd 11 Action Consent Complete the Purchase of one (1) Foreclosed King 2/19/19 County Parcel for Open Space and Recreation E. Authorization for Additional Parks Employee for a Ikerd 13 Action Consent 9 -month Term Funded within the Existing Parks Budget 2/19/19 F. 2019 Parks, Recreation and Open Space Plan Gerwen N/A Update N/A G. Renewing a MOU with the Internet Crimes Against Hwang 15 Action Consent Children Task Force 2/19/19 H. Police Services Agreement with Commons Mall Hwang 41 Action Consent 2/19/19 I. Public Safety Testing (PST) Total Compensation Hwang 49 Action Consent Amendment from $37,500 to $47,500 2/19/19 J. 2019 Human Services Commission Work Plan Watson 55 Action Consent 2/19/19 K. Interlocal Agreement for South King Housing and Watson 59 Action Consent Homelessness Partners 2/19/19 Committee Members City Staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administralrve Assistant 11 Martin Moore K:\PRHSPS Committee\2019\02-12-2019 Agenda.doc 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description Presenter Info Time A. Performing Arts & Events Center (PAEC) Gressett Update 10 mins. B. Broadcasting PRHSPS Committee meetings Fichtner Discussion 10 mins. C. Discussion on Homelessness Task Force Report Weidenfeld Discussion 10 mins. 6. ADJOURNMENT NEXT REGULAR MEETING: March 12, 2019 Committee Members City staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administrative Assistant II Martin Moore K:\PRHSPS Committee\2019\02-12-2019 Agenda.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday January 8, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee member Moore, and Committee member Koppang. Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Jeff Watson, Human Services Manager, Sara Bridgeford, CDBG/HS Coordinator, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant II. Guests: State Representative Kristine Reeves, State Senator Elect, Claire Wilson and Marty Hartman, Executive Director, Mary's Place Chair Johnson called the meeting to order at 5:00pm Chair Johnson motioned to amend the agenda to add Alternatives Analysis for use of $100,000 from State of Washington for Homeless Shelter for Families with Children. Committee member Moore seconded. Committee member Koppang asked where it would be placed on the agenda. Chair Johnson answered that would be item C. Committee member Koppang seconded. Motion passed. Commission Comment: None Public Comment: Anne Cutting: Spoke in favor of giving the $100,000 to Mary's Place. She stated that Mary's Place is the expert in short term emergency shelter, they are ready to house families now, and it's the fiscally responsible thing to do. She suggested that Council look into the Econo Lodge which is for sale and have Mary's Place own it. Lyn Idahosa: Stated she appreciated that fact that the community housing and violence prevention were taken seriously. She also thanked the Council for making changes operationally to make sure they have the most information possible before making decisions. Ron Campbell: Stated that FUSION should be looking for a location in a multiple residence zoning where it explicitly has a land usage for transitional housing. Tim Lookabaugh: Stated that the $100,000 is for people that need emergency shelter now. Transitional housing is FUSION'S project. He asked the Council to get the help that the homeless people need now. Peggy LaPorte: Stated that FUSION is not the entity that is trying to raise money and the Board has never bought onto that project. She said that she is here as an individual trying to help Light of Christ raise money. Jason Smith: Spoke of his concerns about having a shelter on the property of the Light of Christ Church, and would like the city to look at other options. Chumming Gao: Stated that he is against the proposal to build the facility on the property of the Light of Christ Church. Dennis LaPorte: Stated that FUSION is not trying to get the $100,000 and that there is a lot of misunderstanding on the role of FUSION. Hope Sichel: Stated that there is a solution and we should have open arms, so homeless people can feel like they're in a stable home. K:\PRHSPS Committee\2019\01-08-2019 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 8, 2019 Summary Page 2 Paul Staley: Stated that the $100,000 should be used for people that need emergency shelter now. He is not in favor of rolling the $100,000 into the permitting and rezoning process to build a facility on the Light of Church property for transitional housing. There are other locations to build transitional housing. BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the December 6, 2018 minutes as written. Committee member Moore seconded. Motion passed. Mary's Place Emergency Shelter Staff Watson introduced Marty Hartman, the Executive Director of Mary's Place. Ms. Hartman presented information about emergency shelter, working with the homeless and moving them from homelessness to permanent housing. She also provided information on the programs offered at Mary's Place. They serve families from every city in King County, and their goal is to have a shelter in every city. Their model is to go into buildings that are slated for demolition. She reviewed the growth of services from 2012 to 2018. The top four cities that have the greatest amount of calls every month are Federal Way, Kent, Renton and Auburn. There is a crisis in South King County; this why Mary's Place wanted to come to Federal Way, and why they bought property in Burien. They wanted to be in South King County to serve people here. Ms. Hartman stated that Mary's Place has decided to pull their application for the $100,000 from the City of Federal Way. They do not want to be a barrier to Federal Way not having a shelter. Alternatives Analysis for use of $100,000 from State of Washington for Homeless Shelter for Families with Children Representative Reeves talked about legislative. intent — translated this means are we going to keep the promises that we made when we asked for money to do the things we asked to do from the state. In January 2018 the Federal Way City Council asked the legislator members for funding for a shelter for homeless families. They asked for a $100,000 grant toward establishing an emergency shelter for homeless families with children in Federal Way in support of the Homeless mothers and children initiative. The Legislatures understanding was that the goal for the use of the $100,000 would be to establish or work toward establishing an emergency shelter in the City of Federal Way. The fiscal year 2019 is from June 2018 to June 2019. Representative Reeves stated that the current proposal does not meet the Legislative intent. Representative Reeves held a workshop to brainstorm on how this money could be used in Federal Way for homeless families. The final proposal that they arrived at was to allocate $60,000 to go toward planning, siting and development costs in support of establishing an emergency shelter in Federal Way. $40,000 to go towards staffing costs at the City of Federal Way for the purpose of working with community human and social services partners to develop a comprehensive proposal. The city had asked if an extension was available. Representative Reeves stated that the appropriation staff had interpreted that this was a one-time budget allocation and therefore there is not room for an extension. If they did ask for the extension there is no guarantee that they would be able to get a re -appropriation of the funding. Sharry Edwards, the former Chair of the Homelessness Task Force stated that the group that was at the workshop did not want to give back the $100,000 and they did not want to spend the money somewhere out of the city limits; this would not do them any good for their long term goal. 2019 Parks and Recreation Commission Work Plan Staff Ikerd reviewed the Work Plan with the committee. Two new items on the work plan is updating the Park Code and developing a master plan for the Hylebos Blueberry Farm. Committee member Moore wanted to ensure that all of the park systems have play equipment for people with disabilities. Staff Ikerd answered that there is a national standard that requires all playgrounds to meet certain standards which is accessibility for all. There are a certain number of apparatuses on the play equipment that meet those PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 8, 2019 Summary Page 3 sensory and physical ability standards. Committee member Koppang moved to approve the 2019 Parks and Recreation Commission Work Plan and forward to the January 15, 2019 full Council consent agenda for approval. Committee member Moore seconded. Motion passed. Four Seasons Construction, LLC Retainage Release Staff Ikerd provided the background information. No discussion was held. Committee member Moore moved 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 in the amount of $6,150.00 to the January 15, 2019 City Council consent agenda for approval. Committee member Koppang seconded. Motion passed. Native Green Landscapes Retainage Release Staff Ikerd provided the background information. No discussion was held. Committee member Moore moved to forward the acceptance of 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. Committee member Koppang seconded. Motion passed. Purchase of 5 Foreclosed King County Parcels Staff Ikerd provided the background information. King County informed staff that they had some parcels that were being foreclosed. Some of them were associated with our parks and open spaces. The parcels were owned by private parties that stopped paying taxes on the parcels. The total amount of the parcels is $11,500.00. Committee member Koppang moved 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. Committee member Moore seconded. Motion passed. COUNCIL DISCUSSION ON EMERGING ISSUES Performing Arts & Events Center (PAEC) Staff Gressett updated the Committee on the PAEC. Spectra took over operations on August 1. They had 27 out of 31 days booked in December. They had 3,330 ticketed guests in December. The PAEC marketing team has been working with local radio and TV stations to advertise the PAEC and get more exposure. She updated the committee on upcoming events. Deputy Mayor Honda asked for an update in the future on conferences that are being booked. She also requested that the PAEC have holiday decorations during the next holiday season. Broadcasting PRHSPS Committee Meetings Committee member Moore stated that transparency has become more important and people are demanding information. He would like all of the committee meetings to be broadcasted. He understands that IT is short staffed and has a heavy workload. Committee member Koppang agreed with committee member Moore and said that the LUTC and FEDRAC meetings should also be broadcasted. Deputy Mayor Honda stated that all of the committee meetings should be held in Council Chambers. There is a conflict with the Federal Way School Board. The city has a contract with them, and their meetings are held in Council Chambers on the second and fourth Tuesday of the month. Deputy Mayor Honda has spoken with the City Clerk, and there is a cost associated with having IT at the meetings. She is also concerned about having the IT team broadcasting more meetings with such a small staff. Everything has a financial impact. NEXT REGULAR MEETING February 12, 2019 ADJOURNMENT Meeting adjourned at 7:29p.m. This Page Left Blank Intentionally City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday January 14, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee member Moore, and Committee member Koppang. Council Members in Attendance: Lydia Assefa-Dawson, Deputy Mayor Honda, Hoang Tran, and Dini Duclos Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Jeff Watson, Human Services Manager, Sara Bridgeford, CDBG/HS Coordinator, and Mary Jaenicke, Administrative Assistant II. Chair Johnson called the meeting to order at 5:00pm Commission Comment: None Public Comment: Betty Taylor: Ms. Taylor spoke in favor of keeping the $100,000 funding in Federal Way. BUSINESS ITEMS Discussion on Use of $100,000 State Funds for Emergency Family Shelters Staff Watson spoke about the allocation of $100,000 from the State Legislature for emergency shelter for families with children. Initially there was a contract proposed with Mary's Place to provide shelter with comprehensive services. Mary's Place has withdrawn their application and will no longer be a candidate for the use of the funds. Staff is making three alternative recommendations; they are as follows: 1) Motel hotel vouchers with limited services. There would be up to $1500 per family to help remove barriers for housing. Staff is recommending between $20,000 to $35,000 for those services. 2) Use the funds for pre -development costs for a shelter in Federal Way. Staff is recommending $40,000 to $60,000. 3) Hire staff for a community coordinated response collaborative. This was recommended to the Mayor in the report from the Homelessness Task Force. It's also included in the City's Legislative agenda for 2019. Funds would be made available for a city staff person. The position would begin to develop a community coordinated response collaborative group around homelessness and coordinating services more efficiently and effectively. Staff is recommending $30,000 to $40,000 for that use. Depending on how Council decided to use the money, there would need to be a competitive process. Staff Bridgeford reviewed the timeline for allocating those funds. Staff Watson stated that the Mayor does concur with the recommendations that staff has made. Council had a long discussion and asked staff clarifying questions. Committee member Moore was in favor of hiring a staff person, and asked staff Watson if they could hire someone and have them trained prior to the deadline of June. Staff Watson answered that they would look at bringing someone in on a temporary basis. There would need to be additional funding provided for the additional staff for at least a couple of years. Committee member Koppang is not in favor of additional staffing because of the short window of time that they have to spend the funding. He wants to make sure that the funds are used as effectively as possible. There is the possibility that a portion funds could be used for pre -development prior to the deadline. Council member Assefa-Dawson asked if that instead of hiring a staff person could they hire an intern to do the work. Staff Watson answered that they need someone with experience. Council member Duclos asked if there would be a staff person or an outside agency that would meet with the families to see what kind of services they need. Staff Watson answered that with the hotel/motel vouchers it would be an outside agency. Council member Tran stated that he can support two of the K:\PRHSPS Committee\2019\01-14-2019 Mins.doc 7 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 14, 2019 Summary Page 2 recommendations, but he does not support hiring a staff person. He stated that there are many other agencies that deal with this issue, and it is a duplicate of services. Staff Watson answered that the staff person would not be working on the contract; they will be working with other agencies and providers that serve Federal Way. Council member Tran added that they may be able help more families if they don't use the funding for a staff person. Council member Duclos stated that the supportive services being provided by the agencies would be a better use of the money than providing a staff person. Deputy Mayor Honda stated that she attended Representative Reeves meeting and many of the people that were at that meeting wanted part of the funding to go towards a staff person. She is concerned that if we don't show that the city is serious about hiring someone then there's a possibility that the city will not get the funding that they've asked for to fund this position the following year. Committee member Moore asked if there was any way to move the process along faster so they don't have to wait until mid-March to use the voucher program to help families. Assistant City Attorney Rhoades answered that the contracting processes were approved by Council and these are the guidelines that staff are required to follow. Committee member Koppang stated that he looks at the staffing position as a long term strategic move and the implementation of the $100,000 as a short term practical approach to the homelessness issue. Committee member Koppang asked if the funds could be used for rental assistance. Staff Watson stated that he would have to ask the Department of Commerce. Council member Duclos stated that she is concerned about hiring a staff position. A long discussion was held on how to quicken the timeline. Committee member Koppang moved to recommend a 60%/40% split; 60% for services and 40% for pre -development costs. Committee member Moore seconded. A discussion was held on what would qualify for pre -development costs and the timeline. Motion passed. NEXT REGULAR MEETING February 12, 2019 ADJOURNMENT Meeting adjourned at 6:28p.m. COUNCIL MEETING DATE: February 191h, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EQUIPMENT PURCHASE — ONE (1) ADDITIONAL PARKS DEPT. UTILITY CART USING REPLACEMENT RESERVES POLICY QUESTION: Should Council approve staff to purchase and add one (1) utility cart to the parks department equipment inventory using existing replacement reserves? COMMITTEE: PRHSPS MEETING DATE: 2/12/2019 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks & Facilities Manager DEPT: Parks ..................._......_.....__......_........_..........._......_..._............_........................._..........._._.............._z............................_...._.............._...._..................._....................._......__.................. _..................... ........ ..... _..................... _..... _... _... ..._._.._...-... .............. ................... _.._........ SUMMARY/BACKGROUND: The Parks Department has funding and is approved in the 2019-2020 budget to replace a quantity of two (2) utility carts. We have an operational need for one (1) additional utility cart after having to surplus an older utility cart at the end of 2018. Bids have come in favorably and we have the ability to purchase three (3) utility carts with no additional funding needed. We are strictly requesting the ability to add one (1) utility cart to the parks equipment inventory. Options Considered: #1 -Allow the use of existing reserves to purchase and add one (1) utility cart to the parks department equipment inventory. #2 -Do not allow the use of existing reserves to purchase and add one utility cart to the parks department equipment inventory. MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: J/ C9Xinilia % J//4! DIRECTOR APPROVAL: /y C mitto it-* Initial/Date Initial/Date Date COMMITTEE RECOMMENDATION: I move approval to the use of existing reserves to purchase and add one (1) utility cart to the ParksDdepartment equipment inventory to the February 19'h, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the use of existing reserve funds to purchase and add one additional utility cart to the Parks dept. inventory which gives us 3 total utility carts. Total cost is $29,290 which is below the collected reserve amount. " (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 # 9 CITY OF Federal Way DATE: February 6, 2019 To: PRHSPS Committee FROM: Jason H. Gerwen, Parks & Facilities Manager RE: Equipment Purchase SUMMARY/ BACKGROUND: The Parks Department has funding and is approved in the 2019-2020 budget to replace a quantity of two (2) utility carts. We have an operational need for one (1) additional utility cart after having to surplus an older utility cart (E423) at the end of 2018. The bids have come in favorably and we have the ability to purchase three (3) utility carts for the previously budgeted cost of two (2). No additional funding being requested, we are strictly requesting the ability to add one (1) utility cart to the parks equipment inventory. Financial implications: Replacement reserves available: $29,290.00 Remaining reserve balance after replacements and addition of one (1) utility cart: on-going financial implications Gasoline, Repair & maintenance supplies: $353.09 $2,000.00/yr. 10 New Kubota gas powered utility vehicle, 4WD, 3 RTV500-H manual dump bed, HD tires and hydrostatic 9,681.00 18.50%;,.., transmission. 3 K7311- i Front grill guard. g 216.00 o 18.50 to 52$13, - 99210 3 K7311- 99390 Plastic canopy. 216.00 18.50% 528.12 KAGL650- Rahn infield groomer, includes both HD and spring 1 500C scarifiers. _3,205.00......1. $0.00% 2 RTV500-H Used RTV500 trades ins(z"000-00) 0.00% 2 000. ASSEMBLY 3nducled DELIVERY 375.00 SUBTOTAL 26 306:29 TAX RATE 10.00% SALES TAX 21630-163 TOTAL $ 28,936.91 10 COUNCIL MEETING DATE: February 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL _AGENDA BILL __ SUBJECT: USE OF ADDITIONAL UNALLOCATED MITIGATION FUNDS TO COMPLETE THE PURCHASE OF ONE (1) FORECLOSED KING COUNTY PARCEL FOR OPEN SPACE AND RECREATION POLICY QUESTION: Should the City authorize additional mitigation funds to purchase a parcel of real property from King County for open space and recreation? COMMITTEE: PRHSPS Committee MEETING DATE: February 12, 2019 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Park s ........... _..__...........__...._._......__....._..._.._....._....._.............�.._..--.............. _._................._l�._�........_.._...._.._.._......_.......... .................. ............................_..............................................._.._._..........._._._...__..._._.....__._.......__...__._._._._._.._..._... _.... --........_._......_..---._.._.._...._... History: Council authorized staff to purchase 5 foreclosed parcels from King County last month and use mitigation funds for the purchase. One of the five KC parcels; 302104-9031 ended up with a $3500 fee in the deed transfer paperwork vs the $2500 originally reported. This is still a worthwhile asset for the City to own and staff request approval to use additional unallocated mitigation funds to complete the purchase of this real property. Options Considered: 1. Approve additional unallocated mitigation funds to complete the purchase of this real property. 2. Do not approve the use of additional unallocated mitigation funds, and provide direction to staff. MAYOR'S RECOMMENPAjTION: Option 1 MAYOR APPROVAL: Ir I DIRECTOR APPROVAL: co(halittee, Council f/ Committee COMMITTEE RECOMMENDATION: I move to approve additional unallocated mitigation funds to complete the purchase of this real property to the February 19, 2019 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the use of $1,000 additional unallocated mitigation funds to fully fund the previously approved purchase of real property. " (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 # 11 This Page Left Blank Intentionally 12 SUBJECT: AUTHORIZATION FOR ADDITIONAL PARKS EMPLOYEE FOR A 9 -MONTH TERM FUNDED WITHIN THE EXISTING BUDGET POLICY QUESTION: Should City Council authorize staffing of one term limited 9 month regular employee within existing Parks budget appropriation to help offset the loss of Landscape contracted services? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: Feb 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Parks STAFF REPORT BY: Steve Ikerd Parks De _u_ _ Director ............. _.......... __.._..._..... _._...... ...._.........._._._........_......... . _. Attachments: Additional staff memo. Options: Option 1. Authorize staffing of one term limited 9 month regular Park employee within existing budget appropriations. Option 2. Do not authorize staffing of one term limited 9 month regular Park employee and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: -I IRECTOR APPROVAL: r� ;rrre Counci Initial/Date 001 Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the Feb 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move to authorize staffing of one term limited 9 month regular Park employee. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: COUNCIL BILL # El APPROVED 15T reading ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2016 RESOLUTION # 13 ` CITY OF '�... Federal Way Parks Department Date: January 30, 2019 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Authorization for additional staff Financial Impacts: Use existing Parks budget appropriations to staff one (1) new term limited 9 month regular employee to help offset the loss of Landscape contracted services due to a significant increase in prevailing wages. Background: In August of 2018 the applicable Prevailing Wage Rates for the Landscape Maintenance Contract were adjusted by the Washington State Department of Labor and Industries. The associated rates changed from $17.87 per hour to $37.67 per hour for laborers (a 112% increase). Equipment operators also increased from $24.00 to $63.50 an hour. In order to continue contract mowing of 21 Parks and Facility sites, the costs would more than double. Parks does not have the capacity to absorb this increase or the manpower to cover the workload. Per the direction of the Mayor, we reviewed options to stay within the proposed budgeted amount for 2019 and 2020. In the past Parks operated 2 in house mow crews to handle all other associated sites not under the 21 contracted sites. Parks will need to create a 3rd crew to cover the previous contracted sites. As a result we are requesting to use existing Parks funds to hire a term limited regular employee for 9 months of the year during the peak season to help offset the increased workload. Recommendation: Authorize staffing of one term limited 9 month regular Park employee within existing budget appropriations. 14 SUBJECT: RENEWING A MOU WITH THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE. POLICY QUESTION: Should the Federal Way Police Department renew a MOU with the Internet Crimes Against Children Task Force based out of the Seattle Police Department? COMMITTEE: PRHS&PSC MEETING DATE: Feb. 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J. Hwan Chief of Police DEPT: Police ..........................................................._...._....................._..._.........._..................._.__............_..._._._........_.......__......_......................._....._._......_.__._...._....._..__._._...._..._._._.................... Attachments: • Staff Report • Interagency Agreement • Internet Crimes Against Children Program Options Considered: 1. Accept the recommendation to enter into a MOU with the Internet Crimes Against Children Task Force. 2. Reaject the recommendation to enter into a MOU with the Internet Crimes Against Children Task Force. MAYOR'S RECOMMENDATION: 1 Accept renewing the MOU on Internet Crimes Against Children Task Force acting through Seattle PD. MAYOR APPROVAL: Y42 • A Initial/Date Initial/Date DIRECTOR APPROVAL: C COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the February 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the City of Federal Way entering into a MOU with the Internet Crimes Against Children Task Force acting through Seattle PD, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 15 CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: Parks, Recreation, Human Service and Public Safety Council Committee. VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Request to renew a MOU between the Federal Way Police Department and the Internet Crimes Against Children Task Force Acting through The City of Seattle Police Department. Financial Impacts: The Internet Crimes Against Children Task Force (ICAC) is federally funded through a grant from the Office of Juvenile Justice and Delinquency Prevention. There is no cost to the City of Federal Way for taking part in this program. Background Information: The Federal Way Police Department has taken part in the ICAC task force since 2013. This is a request to renew the contract for 2019 until terminated by either parry in writing. Seattle PD is the host agency that runs ICAC. As an affiliate member Federal Way agrees to abide by the operational and investigative standards set forth for ICAC investigations. The Federal Way Police Department meets the standards and is in compliance with minimum requirements necessary to be a member. Membership in the ICAC Task Force will result in Federal Way investigative personnel having access to ICAC training at no cost. This specialized internet training will be valuable in investigating other internet based crimes, including human trafficking. Additionally, membership establishes a relationship which will allow the Federal Way Police to quickly move significant investigations to a federal level and gain assistance from the ICAC Task Force. The Federal Way Police Department currently investigates these crimes that occur within our jurisdiction. Becoming an affiliate member of the ICAC Task Force does not require the commitment of personnel and would not increase our current caseloads. The recommendation is for the approval of the Federal Way Police Department to renew a MOU with the ICAC Task Force to enhance our capability in investigating internet crimes against children. 16 Rev. 7/18 j; SEATTLE . �. POLICES' INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT 1:10111 FEDERAL WAY POLICE DEPARTMENT This Interagency Agreement is entered into by and between the Washington State Internet Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police Department and Federal Way Police Department (Affiliate Agency) acting through its duly authorized representative. WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program, which is a national network of state and local law enforcement cybercrime units. The mission of the national ICAC Task Force Program is to assist state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and Internet crimes against children. This assistance encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi -jurisdictional, multi -agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies with each task force having an agency designated by the OJJDP as the "Lead Agency" which is the law enforcement agency that is awarded federal funding to serve as the "Lead" Agency for the corresponding Task Force. WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the multi -jurisdictional -Washington State Internet Crimes Against Children Task Force (WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement and victimization of children through the Internet, online communication systems, telecommunications technology and other computer technology; and Page 1 of 7 17 WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the investigation and prosecution of Internet crimes against children; and WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase their computer forensic capabilities and receive appropriate training to investigate Internet related cases; and WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be identified in the program as an "Affiliate" or "Affiliate Agency" will execute this signed agreement under the authorization of the proper authority of said agency following all of the terms, conditions and tenets contained herein. NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains thirteen (13) Articles. ARTICLE I TERM OF AGREEMENT Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate Agencies may be added by executing an Interagency Agreement with the SPD in substantially the same form as this Interagency Agreement. The term of this Interagency Agreement shall be in effect until terminated pursuant to the provisions hereof. Either agency may cancel this agreement with (30) thirty days of written notification to the other agency. Said notification must be provided from the appropriate authorized authority within that agency. Upon receipt of the written notification the SPD will permanently remove the agency from Affiliate Agency status with the ICAC Program. ARTICLE II OPERATIONAL STANDARDS Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and Investigative Standards, attached to and made part of this Agreement, as Attachment A. The undersigned law enforcement agency agrees to investigate ICAC cases within their jurisdiction, and assist other jurisdictions to investigate these cases. Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children Task Force that is overseen by the SPD. Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC investigations. Each investigator involved with undercover operations must receive ICAC Program training prior to initiating proactive investigations and shall submit reports of all undercover activity to the SPD ICAC prior to conducting the investigation. Affiliate Agencies agree to conduct reactive investigations where subjects are associated within the Affiliate Agencies jurisdiction, including investigations of child pornography, Cybertip (CT) referrals from the National Center for Missing and Exploited Children (NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC - related investigations. Additional case initiations may develop from subject interviews, Page 2 of 7 18 documented public sources, direct observations of suspicious behavior, public complaints, etc. Affiliate Agencies agree to record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for that agency. Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Affiliate Agencies agree to locate its ICAC investigators in a secured space, to be provided by the Affiliate Agency, with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of each Affiliate Agencies ICAC personnel, with restricted access to limited authorized personnel. Affiliate Agencies agree to conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national ICAC Program. Affiliate Agencies agree to be responsible for proper maintenance and use of any equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD. Upon termination of this Interagency Agreement, ownership of equipment, hardware, and other non -expendable items will revert to the SPD. Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate. Affiliate Agencies shall maintain accurate records pertaining to prevention, education and enforcement activities, to be collected and forwarded not less than monthly to the SPD ICAC Strategic Advisor, Seattle Police Department, wa.icac@seattle.gov or entered directly into IDS, for statistical reporting purposes (form provided.) ARTICLE III SUPERVISION Each Affiliate Agency will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and investigative decisions will be a joint process guided by the ICAC Task Force Program Operational and Investigative Standards. ARTICLE IV JURISDICTION Page 3 of 7 19 The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations that are outside of the physical boundaries of their respective municipalities due to specific needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate Agencies agree to take these referrals and conduct appropriate investigations in conformance with the ICAC Operational Standards, investigative or operational training, and their agency policing policies. ARTICLE V EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. ARTICLE VI INSURANCE AND LIABILITY Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self- insurance program, approved by the State of Washington, for the protection and handling of the liabilities including injuries to persons and damage to property. Each Affiliate Agency agrees to maintain, at its own expense, insurance or self-insurance coverage for all of its liability exposures for this Agreement and agrees to provide the City of Seattle with at least 30 days prior written notice of any material change in the Affiliate Agency's liability coverage. ARTICLE VII REPORTING STANDARDS Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics to the SPD on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the approved procedures. These statistics shall be submitted in the appropriate format by the 10th day of each successive month that the statistics were acquired and shall include data on all related investigations opened or closed during the month in all of the categories as designated on the provided form. In addition, an agency case number shall be included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by an Affiliate Agency. Any local media reporting or responses on the investigation will comply with Section 12. Media Relations and Media Releases of the ICAC Operational Standards. The SPD will be responsible for all required reporting to the OJJDP. ARTICLE VIII TRAINING Affiliate Agencies shall make every effort to make investigators designated as Task Force Members available for applicable specialized training provided through the national ICAC Program and other appropriate training programs. The SPD will review training requests and provide funding for ICAC -approved training when appropriate. This funding will include, but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training through the national ICAC Programs authorized vendors. Page 4 of 7 20 Affiliate Agencies seeking funding assistance will be required to submit requests at least thirty (30) days in advance in writing and to comply with the procedures set forth in a separate Interagency Agreement for funding requests. A sample of this Interagency Agreement is available upon request but in no way is tacit or expressed authorization of requested funding or financial assistance given in advance. Funding under the Interagency Agreement is limited to the`available funds that are received by the SPD under the OJJDP Grant program for the national ICAC program. ARTICLE IX CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of WA ICAC TF will be held in the strictest confidence, and will only be shared with other Affiliate Agencies or other law enforcement agencies not participating in the WA ICAC TF where necessary or as otherwise permitted by federal and/or state law. ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS To the extent required by law, the Affiliate Agency shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to the Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60-30, which are incorporated herein by reference. ARTICLE XI GOVERNING LAW AND VENUE This Interagency Agreement is governed in all respects by applicable local, State, and Federal laws which shall supersede any provisions made in this Interagency Agreement to the contrary. Any provision effected will not negate the rest of the Interagency Agreement. In case any one or more of the provisions contained in this Interagency Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Interagency Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Exclusive venue is in Seattle, King County, Washington. ARTICLE XII EFFECTIVE DATE This Interagency Agreement shall be effective on October 1. 2018 and continue for three years. Upon expiration of the three years this Interagency Agreement shall automatically be renewed for one (1) additional year until such time as federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days' written notice delivered to both parties as delineated in ARTICLE I TERM OF AGREEMENT. This Interagency may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Page 5of7 21 The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall not affect the Interagency Agreement with the remaining Affiliate Agencies. This Interagency Agreement can be amended or replaced in the event of new requirements under the national ICAC Task Force Program or as designated by law or other proper lawful authority. ARTICLE XIII AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. Page 6of7 22 WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE INTERAGENCY AGREEMENT EXECUTED BY The SEATTLE POLICE DEPARTMENT, a department of the City of Seattle, hereinafter referred to as "SPD", Department Authorization Representative: Captain Michael Edwards PO Box 34986 Seattle WA 98124-4986 AND The FEDERAL WAY POLICE DEPARTMENT, a department of the City of Federal Way, hereinafter referred to as "FWPD", Department Authorized Representative: Chief of Police Andy J. Hwang Federal Way Police Department 33325 8th Ave. S. Federal Way, WA 98003 In Witness Whereof, the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE DEPARTMENT Andy J. Hwang, Chief of Police Date: Page 7 of 7 23 SEATTLE POLICE DEPARTMENT Carmen Best, Chief of Police Date: LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Internet Crimes Against Children Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 1 of 17 24 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Table of Contents Definitions of Terms................................................................ 1. Purpose of the ICAC Standards ...................................... 2. ICAC National Program ................................................ 3. Oversight of the ICAC Program ..................................... 4. Selection and Retention of Task Force Members ........... 5. Training........................................................................... 6. Case Management........................................................... 7. Task Force Reporting Requirements to OJJDP .............. 8. Investigations.................................................................. 9. Work Environment.......................................................... 10. Victim Identification....................................................... 11. Public Awareness and Community Outreach ................. 12. Media Relations and Media Releases ............................. .................................... 3 .................................... 5 .................................... 6 .................................... 7 .................................... 8 .................................... 9 .................................. 10 .................................. 11 .................................. 12 .................................. 14 .................................. 15 .................................. 16 .................................. 17 ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 2 of 17 25 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such, where any term defined below is capitalized in these Standards, the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards, the Standards are referring to that term as it is used generally in the field of law enforcement. "Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel" are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the DOJ. "Crime" is any offense (or group thereof) that involves (or involve) the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconflict" is a process whereby Members are able to submit Investigative information to each other and/or to ICAC -related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ" is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 3 of 17 26 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment" is any device or tool — including but not limited to computers, phones, and online accounts and services -- purchased or obtained for use in ICAC -related matters. "ICAC" is the Internet Crimes Against Children Program, a national program composed of state and regional Task Forces. "Images" are visual depictions in any form (image or video/printed or digital) of child sexual exploitation as defined by federal and/or state statute. "Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating" and "Investigative" are used within the same context. "Investigative Persona" — any identity established or created by an Employee to aid an Investigation. "Investigator" is a Member who is a part of the Sworn Personnel of a Task Force. "Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant and is designated by OJJDP to act as the lead agency for the corresponding Task Force. "Member" is a Lead or Affiliate Agency's employee who is either Sworn Personnel or Authorized Personnel and who has been designated to work on ICAC -related matters for his/her respective agency and Task Force. "National Initiative" is any proposal that relies on the cooperation and resources of a significant number of Task Forces and, accordingly, has been approved by OJJDP. "NCMEC" is the National Center for Missing and Exploited Children. "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ. "Supervisor" is a Member who has been designated by his/her respective agency to supervise Investigations and other ICAC -related matters. "Standards" are all of the provisions of these, the ICAC Operational and Investigative Standards. "Sworn Personnel" are Members with powers of arrest. "Task Force" is the Lead Agency and its Affiliate(s) (combined) as designated by OJJDP for a particular state or region. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 4 of 17 27 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide administration and operation of ICAC and its Members when working on ICAC -related Investigations and matters. ICAC Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and laws vary widely between jurisdictions — their genesis; methods for their evidentiary pursuit; and their application within court — it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors (e.g., emergency situations; timing constraints; accessibility constraints; resource constraints; technology constraints; perceived conflicts between the Standards and statutes, decisional law, and court orders; et cetera). Should questions regarding the interpretation of these Standards arise or conflicts occur between these Standards and agency policies or law, the subject Commander faced with the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical decision-making. Commanders may supplement, but not contradict, these Standards in the written agreements they establish with their Affiliates to promote the effective operation of their Task Forces. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 5 of 17 28 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children Task Force Program (ICAC) helps state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and Internet crimes against children. This support encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. 2.2 ICAC Background The Internet Crimes Against Children Program (ICAC) is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to online child victimization — including responses to child sexual abuse images (Images), The ICAC Program has increased law enforcement's capacity to combat technology facilitated crimes against children at every level. The ICAC Program was developed in response to the increasing number of children and teelaagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC Members understand that arrests alone cannot resolve the problem of technology -facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 6 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Task Force Program and the administration of ICAC grants is the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency, both Lead and Affiliate, falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency receives a copy of the Standards. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental or Task Force employee assistance programs and services available to them. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 7 of 17 30 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior investigative experience, courtroom testimony skills, technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations and exposure to Images. When practicable, they shall attempt to mitigate the potential effects of the work using, for example, the following techniques: • Work environment considerations — Commanders and Supervisors are encouraged to provide a physical location for the work environment that allows the Investigator to conduct discreet Investigations. • Work flexibility — Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Images (e.g., frequent breaks, having an open-door policy, etc.). • Educating colleagues — Commanders and Supervisors are encouraged to teach their colleagues that the viewing of Images is serious and restricted. • Work with Mental Health Providers (MHP) — In compliance with their agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of Images. • Training -- Commanders and Supervisors are encouraged to share or seek out best practices for minimization of the impact of Images and to promote attendance at trainings regarding methods used to minimize said impact. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 8 of 17 31 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training 5.1 Carefully -managed Investigations conducted by well-trained Investigators are among the most effective techniques available to law enforcement for addressing Crime. 5.2 All national training curricula supported by ICAC resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.3 Commanders shall ensure that nominees to attend any ICAC -sponsored national in-person training are current Members. 5.4 Task Forces may develop and deliver Task Force training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force or Affiliate providing the Task Force training. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 9 of 17 32 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk, jurisdiction, known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 10 of 17 33 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi-annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP-designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the 10th of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit an annual report which details each of their Affiliates. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.3.1 The name of each Affiliate Agency. 7.3.2 The staffing level of each Affiliate including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. 7.3.3 This ongoing annual report shall be submitted within 30 days of the end of the calendar year. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 11 of 17 34 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and constitutional requirements. 8.2 Only Sworn Personnel shall conduct Investigations. 8.2.1 Authorized Personnel acting under the direction and supervision of Sworn Personnel may participate in Investigations. 8.2.2 Members shall not approve, condone, encourage, or promote cyber- vigilanteism by private citizens. As such, Members shall not use unauthorized private citizens to proactively seek out Investigative targets. 8.2.3 The above section (8.2.2) shall not preclude the use of information related to a Crime provided by victims or public citizens who discover evidence (e.g., CyberTip reports, mandated reports from professionals, computer repair shop complaints, parental complaints, et cetera). Nor does it preclude the use of authorized over -hears or other similar investigative methods designed to further an Investigation. 8.3 Investigations shall be documented. Any departures from this provision due to unusual or exigent circumstances shall be documented in the relevant case file and reviewed by the Supervisor. 8.3.1 The retention, storage, security, and disposal of Investigative or case information shall be consistent with the subject agency's policies and federal and state law regarding same. 8.3.2 Access to Investigative case files shall be restricted to Authorized Personnel. 8.4 Members shall not electronically upload, transmit, or forward any Images. 8.4.1 Section 8.4 shall not prohibit the transfer of evidence between Investigators as provided for by sections 8.9 and 8.10 of these Standards nor shall it prohibit the submission of Images to CVIP as provided for by section 10.1 of these Standards. 8.5 Visual depictions of any identifiable person used to represent an investigative persona or any identifiable minor, shall be only those of an Employee who has given his or her written consent and only if that Employee was at least 18 years old at the time of consent. Further, the depictions themselves may be of that Employee under the age of 18. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 12 of 17 35 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall allow the Investigative target to set the tone, pace, and subject matter of the online conversation 8.6.1 The above section (8.6) shall not be construed to prohibit Investigators from performing any of the following activities when initiating or conducting an Investigation: (a) posting information including visual depictions (image or video/printed or digital) to establish an online presence, (b) placing advertisements or posts, or (c) sending messages. 8.6.2 Members shall familiarize themselves with relevant state and federal law, including but not limited to those regarding the defense of entrapment, and should confer with relevant prosecutors for legal consultation, as needed. 8.6.3 Members planning large-scale (multi -target) operations shall advise the Commander and shall consult relevant prosecutors regarding the operation. 8.7 The examination of digital storage devices shall be performed consistent with the subject agency's protocol. 8.8 Images shall be maintained pursuant to the subject agency's policy. 8.8.1 Absent a court order specifically ordering otherwise, evidence containing Images shall not be released to any defendant or representative thereof. 8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions shall include: • Notification to and acceptance by the Commander(s) of both jurisdictions that are involved in the referral; • A secure (i.e., digitally -protected) copy of the case file; • An official Investigative report or affidavit containing case details; and, • Documentation, preferably the original, of all legal process conducted and all compliance with same, especially those documents related to the issue of jurisdiction and identification of suspect(s). 8.10 The transfer of evidence containing Images among law enforcement shall be done in a secure manner. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 13 of 17 36 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 9. Work Environment 9.1 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall be used in accordance with their respective agency's policies. 9.2 When practicable, Equipment which might be used in undercover aspects of an Investigation shall be purchased covertly. 9.3 No personally -owned Equipment shall be used in Investigations. 9.4 Software shall be properly acquired and licensed. 9.5 Investigations shall be conducted in an approved work environment as designated by a Commander or Supervisor. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 14 of 17 37 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 10. Victim Identification 10.1 Identifying child victims of Crime is a critical element of the ICAC Program. DOJ and OJJDP require the Lead Agencies and Affiliates to submit Images to CVIP as a means to improve child victim identification. Absent exigent circumstances, Images shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead Agencies and Affiliates are encouraged to collaborate with NCMEC in their effort to identify children depicted in Images. 10.2 Absent exigent circumstances, victim -identifying information shall be protected from public disclosure pursuant to the protections set forth in federal and state law. 10.3 Lead Agencies and Affiliates shall adhere to local, state, and federal laws regarding mandated reporting, victim notification, and victim assistance. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 15 of 17 38 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 11. Public Awareness and Community Outreach 11.1 Public awareness activities and community outreach are a critical component of ICAC. Lead and Affiliate Agencies shall foster awareness and shall provide practical relevant guidance to children, parents, educators, and others concerned with child safety. 11.2 Presentations to school personnel, parents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss confidential Investigative techniques. 11.3 Members shall not endorse any product or service without the express written consent of an OJJDP Program Manager. While making public presentations, Members may indicate a preference for a product or service, but, where done, shall avoid an implicit endorsement and shall include alternatives in the presentation. 11.4 Materials and presentations shall be consistent with ICAC's mission and background, as enumerated in Section 2 of these Standards. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 16 of 17 39 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12. Media Relations and Media Releases 12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning ICAC operations shall not include information regarding confidential Investigative techniques, and shall be coordinated, when applicable, with the law enforcement agencies involved with the subject Investigations, in a manner consistent with sound information management and sound media relations practices. 12.2 Commanders and Supervisors may speak to members of the media about their own agency's ICAC -related activities per the terms of their agency's policy on such media relations. No individual affiliated with ICAC may speak on behalf of the national ICAC Program without the express written consent of OJJDP. 12.3 Commanders shall inform their OJJDP Program Manager if approached by national media outlets about the national ICAC Program (as opposed to media seeking information about local activities) so that a coordinated national response can be prepared by OJJDP. 12.4 Information provided by Task Forces to the media shall be consistent with ICAC's mission and background, as described in Section 2 of these Standards. End of ICAC Standards ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 17 of 17 40 SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on-site police services in 2019 and 2020? COMMITTEE: PRHS&PSC MEETING DATE: Feb. 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Casey Jones, Commander DEPT: PD ........................................................................................I..........................__......_......................................................................._.................................._............................_..._.............................-................_...._....................._.............---................._._....._....-..........._..._.__._........._...._..........._._........_.........._._...... Attachments: Staff Report Services agreement for the Commons at Federal Way police services Services agreement exhibits A and B Options Considered: 1. Accept the recommendation to approve the agreement. 2. Reject the recommendation to approve the agreement. MAYOR'S RECOMMENDATION: #1 accept the recommendation to approve the agreement. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the 02-19-2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Services Agreement for The Commons At Federal Way Police Services, effective 01-01-2019 through 12-31-2020 with a total compensation of $328,66658, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 41 CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2019-2020 Police Services Contract with the Commons Mall Financial Impacts: The revenue to the City for providing police services to the Commons Mall will be $161,825 in 2019 and $166,841.58 in 2020. It will be credited to the PD budget line 001-0000-090- 342-10-001 in monthly installments. Background Information: Officers who are assigned to work at the Commons Mall are commissioned police officers providing full law enforcement and security services for the Commons Mall property. The Mall Resource Officers provide the opportunity for increased safety and security for patrons and businesses which enhances the environment for greater commerce, increases public perception of safety, and broadens our outreach and visibility in the community. The original Commons Mall agreement was signed in 1999 and has been renewed by both parties at the end of each contract. The term of this Services Agreement is for two years, commencing January 1, 2019 and ending December 31, 2020. 42 Rev. 7/18 CITY OF CITY HALL Fe d e ra I Way 33325 8th y, WA South • Box 9718 Federal Way, WA 98063-971818 40AWIO� (253) 835-7000 www. atyvffeder9Mey com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons FW, LLC, a Delaware limited liability company ("Owner"), owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: MGP XI COMMONS FW, LLC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 8a' Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette. allen@cityoffederalway. com 1. SERVICES. The City shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"). 2. TERM. The term of this Agreement shall be for two years commencing on January 1, 2019. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent ofthe cost ofthe salaries and benefits of each officer assigned to the Property for the time periods that they are assigned there. The numbers of hours and total rate shall be as set forth in Exhibit 'B" attached hereto and incorporated by this reference ("Compensation"). The City shall invoice and the Owner shall remit one -twelfth of the total yearly compensation on a monthly basis. From time to time the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, and volunteers 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 in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 Ci!y Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives 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 43 SERVICES AGREEMENT - 1 - CITY HALL Way3332y,WA South • 18 Box 9718 Federal Federal253) 835-70DO9718 www at t4bderahvay axn caused by the negligent or intentional acts, errors, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 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 City agrees to carry as a minimum general liability insurance in the amount of at least $1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish the Owner with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. 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. 7. CONFIDENTIALITY. All information regarding the City obtained by Owner in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRATOR. The Parties intend that the City shall be an independent Contractor and that the City has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City 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. 9. GENERAL PROVISIONS. 9.1 Interpretation 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 of the Exhibits to this Agreement conflict with any language contained 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. 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. 9.2 Assignment and Beneficiaries. Neither the Owner 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 Patty. 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 shalt 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. 44. Q,,Q ,,F,RVTCFS, AGREEMENT - 2 - CITY OF CITY HALL 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 9863-971818 (253)835-7000 wwo"ffedwahveycom 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 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 at law, in equity or by statute. The failure of a Party 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 a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party 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 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. 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] 45 SERVTCES AGREEMENT - 3 - qTY OF CITY HALL 33325 8th Avenue South • Bax 9718 Federal Way F�'a{ Way, WA WA 98063-971818 (253) 835-7000 www c tyof ederahvey com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY LIN Jim Ferrell, Mayor DATE MGP XI COMMONS FW, LLC -- By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF kA y"Al -) ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney ASHLEY KAPUR Notary Public State of Washington My Appointment Expires Jul 22, 2020 this da onally appeared before me �� V to me known to be the Jf O I A 17 A,-�_ MAaQ-,r of N e x ( ccmpicNS r -w , L Lc_ that executed the foregoing instrument, and acknow ged 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 (CA" -t Notary Public in and for the State of Washington. My commission expires 0 7-2. I102a E SERVICES AGREEMENT - 4 - CITY OF CITY HALL Federal Way 33325 8th Avenue South • PO Box 9718 Ped" Way, WA 98063-9718 (253)835-7000 www dtyaffederahvey can EXHIBIT "A" SERVICES 1. For the years 2019 and 2020, the City will provide Contract Officers for a total of ten (10) ten-hour shifts per week. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both parties. 2. The City will provide to the Property three (3) full time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security or other police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments, but may be rotated to address City needs or Owner interests. 3. The Property will be considered by the City as a mini -beat within the general geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presences and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the City. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The City will retain control over the Contract. Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B Compensation, and may be reduced based on the level of compensation actually provided to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. 47 SERVICES AGREEMENT - 5 - Urr of CITY HALL y 33326 81h Avenue South • 18 Box 9718 Federal Wa' federal Way, WA 98063-9718 (253) 835-7000 www ctwffeder ycom EXHIBIT "B" COMPENSATION For 2019, the total cost of 100 shift -hours per week of the assigned Contract Officers is $323,650. The Owner will pay half of this cost, totaling $161,825 in monthly installments. For 2020, the collective bargaining unit that represents Federal Way police officers, including the contract mall officers, is expected to be working under a new CBA that will likely include cost of living adjustments (COLA). In August of 2018, the COLA for the last 12 months was 3.1 %. Using 3.1 % as an estimate for 2020 makes the total cost of 100 shift -hours per week of the assigned Contract Officers is $333,683.15. The Owner will pay half of this cost, totaling $166,841.58 in monthly installments. M SERVICES AGREEMENT - 6 - SUBJECT: PUBLIC SAFETY TESTING (PST) TOTAL COMPENSATION AMENDMENT FROM $37,500.00 TO $47,500.00. POLICY QUESTION: Should the Federal Way Police Department amend the existing subscriber agreement with Public Safety Testing to increase the total compensation from $37,500 to $47,500? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: Feb 12, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police ................................. .... ........................................ _....................... ........................... _...................................................... .._........... ................................................................. ................................................................ .............................. ................ ;....................................... Attachments: 1. Staff Report 2. Amendment #2 — Request to increase total compensation to $47,500 Options Considered: 1. Approve the execution of this contract amendment 2. Do not approve this amendment MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract amendment MAYOR APPROVAL: CV.I DIRECTOR APPROVAL: /t 7,/)p o.tt Cou Cil Initia to Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward contract Amendment #2 of the existing Subscriber Agreement with Public Safety Testing, for the Recruitment and Testing of police candidates, to the February 19, 2019 Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Amendment #2' of the existing Subscriber Agreement with Public Safety Testing, for the recruitment and testing of police candidates, effective January 25,2016 through December 31, 2019, increasing the total compensation to no more than $47,500, and authorize the Mayor to sign said agreement", (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # 49 CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing (PST) — Amendment #2 — Total Cost of Compensation Increase Financial Impacts: Amendment #2 is being submitted to request a total cost increase of $10,000. The funding source will come from the existing Federal Way Police Department budget. Backimound Information: In 2017, FWPD contracted with PST to provide a Lieutenant Assessment Center testing process to establish a list of qualified lieutenant candidates for promotion. The cost for the Assessment Center process was paid for using funds set aside for the Subscriber Agreement. This depleted a large percentage of the available funds. In December 2017, we no longer had sufficient funds to continue paying PST for their services. We submitted a contract Amendment to increase the total cost of compensation from $22,500 to $37,500, which was approved. In December 2018, we initiated the process to contract with PST for another Lieutenant Assessment Center testing process to be conducted in mid -2019, after being informed of anticipated retirements during the 2019 calendar year. Amendment #2 requests the total cost of compensation be increased to $47,500 to cover the 2019 Lieutenant Assessment Center testing process and the remainder of the $7,500 annual recruitment and testing costs for 2019. Amendment #2 will be effective on the date signed through December 31, 2019. The services provided by PST are excellent and no other vendor meets our recruitment and candidate testing requirements. 50 Rev. 7/18 `CITY OF Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www city+ot%derahvay. com AMENDMENT NO. #2 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City" also "Subscriber"), and Public Safety Testing, Inc., a privately owned Washington corporation or a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing ("Agreement") dated effective January 25, 2016, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 51 AMENDMENT - 1 - 1/2019 QTY OF -44 40W�01 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Myoffedederafway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor DATE: PUBLIC SAFETY TESTING, INC.: Lo Printed Name: Jon F. Walters Jr. Title: President Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) Stephanie Courtney; CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me 'known by me 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 privately owned corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this, day of Notary's signature Notary's printed name 52 20 Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1/2019 CITY OF CITY HALL �..Way 33325 8th Avenue South Federal Way, WA 98003-6325FederaI (253) 835-7000 www cl4,Medera/way com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the agreed Services, the City shall pay the Contractor an additional amount not to exceed Ten Thousand and no/100 Dollars ($10,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Forty -Seven Thousand Five Hundred and no/100 Dollars ($47,500.00). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, and shall remain unchanged- by nchangedby this amendment. 53 AMENDMENT - 3 - 1/2019 This Page Left Blank Intentionally 54 COUNCIL MEETING DATE: February 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 HUMAN SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2019 Human Services Commission Work Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: 02/12/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeffrey Watson, Community Services Manager DEPT: CD Sarah Bridgeford, CDBG/Human Services Commission Background: The Human Services Commission discussed their 2019 Work Plan during their December Commission. meeting and voted at their January Commission meeting to forward the proposed 2019 Human Services Commission Work Plan to the Council for approval. Attachments: 2019 Human Services Commission Work Plan Options Considered: 1. Approve the proposed 2019 Human Services Commission Work Plan. 2. Do not approve the proposed 2019 Human Services Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: %& < . Initial/Date /kb/pr DIRECTOR APPROVAL: J/7 -9M Initial/Date COMMITTEE RECOMMENDATION: I move to forward the 2019 Human Services Commission Work Plan to the February 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Human Services Commission Work Plan. " (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 # M A O) O i�i MSI Tl - 0 0 0 0 0 0 0 0 0 U U U U U U U U U m cz cz 03 m cz 0 DO cis Qn d w o w � l wl 49 CD 1Z ;Z FI CA a� U • ~O � G� E N O bQ vNi cn v, b C!1 cs Sl O N a c� y cd y i Q U o 00 U o o r+ a; ,� ,� Tl - HUMAN SERVICES COMMISSION 2019 WORK PROGRAM 1. Amendments to the Citizen Participation Plan The City of Federal Way (City) Citizen Participation Plan (CPP) sets forth the policies and procedures for citizen participation in the process to receive and administer federal funds for the Community Development Block Grant (CDBG) program. The City will be engaging in a planning process for its 2020-2024 Consolidated Plan (Con Plan) and the CPP is an integral part of that process. Additionally, the Assessment of Fair Housing (AFH) has additional requirements for citizen engagement. While the City is not required to complete the AFH at this time, the City finds the principles of citizen engagement to be important and wants to update the CPP accordingly. Proposed changes will be presented and discussed. The Commission will make recommendations to City Council. City Council will then have the opportunity to review and take action on the updated CPP., 2. Agency Visits The Commission engages in site visits of agencies that are serving Federal Way residents, whether the programs are currently funded or not. Agency visits include presentations to the Commission at regular meetings and Commission visits to the agency offices. Agency visits help the Commission develop a deeper understanding of both the services provided by individual agencies and the human services delivery system as a whole. Commissioners prioritize which programs they want to hear from or visit. 3. Consolidated Plan The Consolidated Plan (Con Plan) guides the use of federal CDBG funds for a five-year period. It describes the amount of assistance, priorities, range of activities, and estimated amount that will benefit low- and moderate -income people. The Con Plan developed in 2019 will cover the period of 2020-2024. The Con Plan will include the City's 2020 Annual Action Plan (AAP). The AAP outlines the specific projects and activities to be undertaken for the program year and the amount of funds that will be awarded to those projects. The program year begins January 1 and ends December 31. Staff works with the Commission on five primary areas for developing the Con Plan. These areas are: 1) Data; 2) Strategic Planning; 3) 2020 AAP; 4) Citizen Engagement; and 5) Review and Approval. 57 2 4. Program Update Commission will review quarterly performance and program updates. Updates will include a snapshot of services provided via the Human Services General Fund grants. 5. 2018 CAPER The Consolidated Annual Performance and Evaluation Report (CAPER) documents performance on the activities and projects undertaken and completed in the previous program year under the CDBG program. The CAPER is completed and submitted to HUD not later than March 31. The Commission will hold a public hearing and make recommendations to City Council at the February meeting. 6. Debrief HSGF-CDBG Public Services Grant Process The Commission will discuss the grant process including the questions included in the Common Application (Share IApp). The Commission may consider adding supplemental questions for the next funding cycle. 7. HSC Bylaws Review HSC Bylaws and amend, if necessary. 8. Review and Update Current Funding Strategies The Commission will work with staff, City Council, and the community to review and change funding strategies. The review process may work in concert with the Con Plan process where community -wide data reviews will occur. The Commission will make recommendations to City Council for consideration and action. 9. Review CDBG Capital Application and Rating Tool The Commission will review the CDBG application and rating tool. Recommended changes will be incorporated. 10. CDBG Capital Application Process The Commission will review all eligible applications. The Commission will make recommendations to City Council for consideration and action as part of the Con Plan approval process, which as noted above includes the 2020 Annual Action Plan. 11. Debrief of CDBG Capital Application Process The Commission will discuss the grant process and identify any potential questions or areas to be changed in future cycles. 58 3 COUNCIL MEETING DATE: February 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT FOR SOUTH KING HOUSING AND HOMELESSNESS PARTNERS POLICY QUESTION: Should City Council approve the ILA for the South King Housing and Homelessness Partners? COMMITTEE: PRHSPSC MEETING DATE: 02/12/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson DEPT: CD/CS Attachments: Staff Memorandum Draft Interlocal Agreement for the South King Housing and Homelessness Partners Background: On November 6 & 20, 2018, and December 4, 2018, City Council engaged in discussion about participation in and funding for the South King Housing & Homelessness Partners (SKHHP). The Council voted on December 4, 2018, to appropriate $26,000.00 per year for 2019 and 2020 as the City's contribution for participation in SKHHP. This ILA formalizes the establishment of the SKHHP. MAYOR'S RECOMMENUAJION: Approve the ILA and authorize the Mayor to sign the agreement. MAYOR APPROVAL. �!'��//M _/�/ RECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Interlocal Agreement to the February 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the ILA for the South King Housing and Homelessness Partners and authorize the Mayor to execute the agreement and any related documents. " (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 # 59 CITY OF FEDERAL WAY MEMORANDUM Ll DATE: January 31, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: Teff Watson, Community Services Manager SUBJECT: Interlocal Agreement Establishing the South King Housing and Homelessness Partners (SKHHP) Background: In 2015, the Housing Development Consortium (HDC) initiated a pilot project to provide participating cities technical and policy support for housing and homeless issues in South King County (SKC). The pilot project resulted from the recognition that SKC was and is struggling from the effects of suburbanization of poverty, where affordable housing has drawn immigrants and refugees as well as low-income families forced from Seattle by skyrocketing housing costs. The pilot project staff led with technical expertise, coordinating with city staff to develop, pass, and implement policies, such as: 1) the Source of Income Discrimination protection laws in four cities (Kent, Tukwila, Renton & Auburn); 2) Rental Licensing and Inspection Program (in Kent); and 3) Just Cause Eviction Ordinance exploration and implementing the housing components of the comprehensive plans (Burien). Additionally, the pilot project staff person supported city Human Services and Planning staffs through the Homelessness Action Committee (HAC) and Joint Planners and Developers Meetings. Proposed Interlocal Agreement Establishing the South King Housing and Homelessness Partners: The success of the pilot project led to the current proposal for the establishment of the South King Housing and Homelessness Partners (SKHHP), which is the subject of the attached Interlocal Agreement (ILA). The ILA involves a greater number of partners [ten (10) including Federal Way], formalizes the undertaking to act cooperatively and collaboratively to find and implement solutions to housing affordability and homelessness issues in SKC, and provides governance and operating structure. The agreement specifies that the SKHHP is not a legal entity separate and distinct from the parties to the agreement; rather, it is a joint undertaking that will be led by an Executive Board to be made up of elected and appointed officials from the participating parties. The Executive Board will be responsible for hiring and overseeing the work of SKHHP staff. The Executive 60 Page 1 1 Board will create an Advisory Board to provide advice and recommendation to the Executive Board on a variety of issues pertaining to housing and homelessness. The Board and staff will be supported via an "Administering Agency" that will act as fiscal agent and house staff. This Agency may be one or two entities and are anticipated to be partner city(ies). Briefly, the SKHHP will function to provide services such as the following (the Executive Board will be responsible for preparing annual work plans). Staffing Capacity to: o Create new policies (e.g. zoning, permit fee waivers, ADU, etc.) o Create new programs (e.g. preservation strategies, use of public lands, etc.) o Secure new resources — Pursue interest from public and private sources, "work" funding processes, and grant writing o Help South County speak with one voice on affordable housing issues and funding ■ Establish a SKC Housing Capital Fund to: o Fund preservation (acquisition rehab) of existing affordable housing o Fund new development — leverage other funds The ILA includes duration, withdrawal, and termination provisions and an initial budget. It has an initial two-year commitment with automatic renewal and provisions for withdrawal via required notice. The budget for the first year is approved via execution of the ILA, with future years requiring approval of the legislative bodies of participating parties. 61 Page 1 2 RETURN TO: Jeff Watson EXT: 2650 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: CD/CS ORIGINATING STAFF PERSON: JEFF WATSON EXT: _2650 3. DATE REQ. BY: 01-07-2018 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): x INTERLOCAL ❑ OTHER PROJECT NAME: SOUTH KING HOUSING & HOMELESS PARTNERS NAME OF CONTRACTOR: _ ADDRESS: E-MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE_ EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: JANUARY 1, 2019 COMPLETION DATE: DECEMBER 31, 2020 TOTAL COMPENSATION $_$26,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INI ATE REVIEWFD ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW of Jam 1 C1 iR COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: 2. CONTRACT SIGNATURE ROUTING INITIAL/DATE enu�*E-0 Z 3 ). , ZO 23 3 , j6 31 j...� j I COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED 110101FluICIaO 1001 R AG# DATE SENT: Revised 01.31.18 Draft Interlocal Agreement for SKHHP South King Housing and Homelessness Partners (Effective Date: January 1, 2019) This Interlocal Agreement ("Agreement") is entered into by and between the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County, each municipal corporations and political subdivisions of the State of Washington (individually, a "Party" and collectively, the "Parties"). This Agreement relates to the creation and operation of a joint undertaking among the Parties hereto to be known as the South King Housing and Homelessness Partners ('NSKHHP"). This Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction. WHEREAS, the Parties have a common goal to ensure the availability of housing that meets the needs of all income levels in South King County; and WHEREAS, the Parties wish to provide a sound base of housing policies and programs in South King County and to complement the efforts of existing public and private organizations to address housing needs in South King County; and WHEREAS, the Parties wish to act cooperatively to formulate affordable housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private -sector resources, to support implementation of the goals of the Washington State (the "State") Growth Management Act, related countywide planning policies, and other local policies and programs relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources; and WHEREAS, the intent of this cooperative undertaking is not to duplicate efforts of non-profit corporations and other entities already providing affordable -housing -related services; and 1 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 WHEREAS, a cooperative work plan with a primary focus on the production and preservation of affordable housing, is needed because the lack of access to affordable housing is one of the key contributors to homelessness; NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained in this Agreement and other valuable consideration, the sufficiency of which is acknowledged, the Parties agree to the above Recitals and the following terms and conditions: 1. DEFINITIONS. The following terms used in this Agreement are defined as follows: a. Administering Agency - One or more of the Parties that will provide administrative support services on behalf of SKHHP. The Administering Agency will be the fiscal agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. One Party could serve as the fiscal agent and another Party could serve as the administrative home for SKHHP staff. b. Advisory Board - A board consisting of 12 to 15 community members appointed by the Executive Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, recommendations for emergency shelter and other immediate affordable housing needs, and to provide public education and community outreach services. c. Executive Board - The governing board for SKHHP comprised of members as provided herein, which will act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. d. Housing Capital Funds Account - An account established by the Administering Agency within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account will be held and disbursed by the Administering Agency. e. Individual Accounts) - One or more subaccounts established within the Housing Capital Funds Account for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Contributions to an Individual Account from a Party may be released only upon, and in 2 SKHHP Interlocal Agreement Revised Jan 31, 2019 64 Revised 01.31.18 accordance with, the written direction of that Party. f. SKHHP Fund - A special fund established by the Administering Agency, as authorized by RCW 39.34.030, to be known as the "Operating Fund of the SKHHP Executive Board". Within the SKHHP Fund may be established various accounts and subaccounts including but not limited to a "SKHHP Operating Account" and a "Housing Capital Funds Account". g. SKHHP Operating Account - An account created by the Administering Agency for the receipt of contributions from the Parties and other private or public entities, for the purpose of paying for the operations of and supporting the SKHHP annual budget. h. SKHHP Program Manager - The lead staff for SKHHP, reporting to the Executive Board, responsible for carrying out the SKHHP annual work plan and other terms of this Agreement. i. SKHHP Staff - The full-time and part-time staff hired or assigned with the responsibility for carrying out the SKHHP work plan. j. Sphere of Influence - The area in South King County where SKHHP is expected to conduct its work, as further described in Exhibit A. 2. PURPOSE. All Parties to this Agreement have responsibility for local and regional planning for the provision of housing affordable to residents that work and/or live in South King County. The Parties agree to act cooperatively to formulate affordable housing policies that address housing stability and to foster efforts to preserve and provide affordable housing by combining public funding with private - sector resources. In order to accomplish the purposes of this Agreement, the Parties agree to create a joint and cooperative undertaking responsible for administering the activities described herein. The cooperative undertaking among the Parties will be called the South King Housing and Homelessness Partners ("SKHHP"). The Parties further intend that this Agreement serve as a framework for all participating municipalities within the broader SKHHP Sphere of Influence to do the aforementioned work. The Parties encourage other cities and other public and private entities in South King County within the SKHHP Sphere of Influence to join the Parties in this endeavor. 3. STRUCTURE; CREATION OF JOINT BOARD. By executing this Agreement, the Parties hereto create a joint board pursuant to RCW 39.34.030(4) to govern SKHHP. The joint board created by this Agreement will be called the "Executive Board" and will be composed of members as provided for in Section 5.a of this 3 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 Agreement. The Joint Board created in this Agreement is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). The Executive Board will act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. The Executive Board is not authorized to own assets or have employees. 4. RESPONSIBILITIES AND AUTHORITY. In order to carry out the purposes of SKHHP and this Agreement, the Executive Board will have the responsibility and authority to: a. Create and implement an annual work plan approved by the Executive Board to guide the work of SKHHP Staff. The work plan will include activities that may benefit multiple participating jurisdictions or individual jurisdictions. The work plan activities will be consistent with the purpose described in this Agreement. b. Provide recommendations to the Parties regarding the allocation of public and private funding for affordable housing purposes. C. Direct the Administering Agency to enter into agreements with third parties for the use and application of public and private funds contributed by individual Parties to the SKHHP Housing Capital Funds Account established in Section 14, under terms and conditions as may be agreed by the individual contributing Parties, as further described in Section 14. At least annually, report to the Parties on the geographic distribution of all housing capital funds as recommended by the SKHHP Executive Board. d. Guide the SKHHP Staff in the performance of the following duties: i. Provide recommendations to the Parties regarding local and regional affordable housing policies. SKHHP Staff will assist the Parties in developing strategies and programs to achieve State Growth Management Act housing goals, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans, as appropriate. ii. SKHHP Staff will provide technical assistance to any Party considering adoption of land use incentives or requirements, or affordable housing 4 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 programs. SKHHP Staff will research model programs, develop draft legislation, prepare briefing materials and make presentations to planning commissions and councils on request by a Party. SKHHP Staff will assist Parties in developing strategies and programs to implement county -wide affordable housing policies to meet State Growth Management Act objectives, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans for an equitable and rational distribution of low- and moderate -income housing. iii. Facilitate cooperation between the private and public sector with regard to the provision of affordable housing. SKHHP Staff will communicate directly with private developers, financial institutions, non-profit corporations and other public entities to assist in the implementation of affordable housing projects. SKHHP Staff will work directly with any Party to provide technical assistance with regard to the public funding of affordable housing projects and the implementation of affordable housing regulatory agreements for private developments. iv. SKHHP Staff will also identify public and private sites that are available for affordable housing and develop affordable housing alternatives for such sites. V. After the Housing Capital Fund is created, develop standard regulatory agreements acceptable to private and public financial institutions to facilitate the availability of funding for private and public projects containing affordable housing. vi. Provide other technical advice to any Party upon request and to enter into agreements to provide technical assistance to other public entities on a reimbursable basis. vii. Provide support and educational activities and to monitor legislative and regulatory activities and proposed policy changes related to affordable 5 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 housing at the county, state and federal levels. Ensure that the Parties to this Agreement have a strong South King County voice in regional decision making. viii. After the Housing Capital Fund is created, develop and carry out procedures for monitoring of affordable units and to administer direct service housing programs on behalf of any Party. Such direct service housing programs may include but are not limited to relocation assistance programs, rent voucher and/or deposit loan programs. ix. Work directly with other public and private entities for the development of affordable housing policies and encourage the provision and preservation of affordable housing. X. Work with the Advisory Board appointed under this Agreement and South King County agencies working on regional housing stability and housing affordability, identify trends and promising practices, and mobilize those agencies to support South King County positions in regional decision- making forums. xi. Support public and private fundraising efforts of public and private entities (including non-profit corporations) to raise funds to carry out the purposes of this Agreement. Enter into agreements with those entities for the use of such funds in order to carry out the purposes of this Agreement. xii. As directed by the Executive Board, accept public and private funding, invest those funds in accordance with State law, and take other appropriate and necessary action to carry out the purposes of this Agreement. 5. EXECUTIVE BOARD. a. Membership. SKHHP will be governed by an Executive Board composed of either an elected official or City Manager/Administrator for each city and the King County 6 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 Executive, or their designated representative, of each Party. However, there will not be more than two members on the Executive Board representing cities with population less than 5,000 persons, unless approved by the Executive Board. In the event that there are more than two Parties to this Agreement with population less than 5,000 persons, then those Parties will propose to the Executive Board for the Executive Board's approval, a method for shared membership on the Executive Board by those Parties. Municipalities, local governments and public agencies within the Sphere of Influence may become Parties to this Agreement with representation on the Executive Board described in this Section 5, upon satisfaction of the requirements of Section 20. Any member of the Executive Board representing more than one Party must be approved by the chief executive officer of those Parties being represented by the shared Executive Board member. The Executive Board will administer this cooperative undertaking under the terms of this Agreement and under any procedures adopted by the Executive Board. b. Chair. The Chair of the Executive Board will be elected by the members of the Board from the Board membership; will preside over all meetings of the Executive Board; and will, in the absence of a Program Manager provided for in Section 6 of this Agreement, process issues, organize meetings and provide for administrative support as required by the Executive Board. The Chair will serve a one-year term, but may be reelected by the Executive Board. C. Alternate Member. Each member of the Executive Board may designate one alternate member who will serve in the place of the member on the Executive Board during the member's absence or inability to serve. Notice of the designation will be provided to the Chair of the Executive Board. An alternate member may only vote on behalf of the appointing Party if the Chair has received written notice of the alternate's appointment. d. Powers. The Executive Board will have the power to (1) develop and approve an annual budget and annual work plan for SKHHP; (2) adopt procedures for the administration of SKHHP (including securing any necessary legal counsel) and for the conduct of meetings; (3) make recommendations to the Parties concerning planning, policy, programs and the funding of 7 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 affordable housing projects; (4) establish policies for the expenditure of SKHHP budgeted items; (5) designate an Administering Agency or Administering Agencies and enter into such agreements as is necessary to have the Administering Agency carry out the terms of this Agreement; (6) establish a special fund with the Administering Agency as authorized by RCW 39.34.030, to be known as the "Operating Fund of the SKHHP Executive Board" ("SKHHP Fund") within which Fund may be established various accounts and subaccounts including but not limited to a "SKHHP Operating Account"(into which will be deposited funding for the SKHHP operating budget) and a "Housing Capital Funds Account"; (7) hold regular meetings on those dates and at those places as the Executive Board may designate; (8) direct the Administering Agency to enter into contracts and agreements for the provision of personnel and other necessary services to SKHHP, including accounting and legal services and the purchase of insurance, and authorize the Administering Agency to execute such other contracts, agreements or other legal documents necessary with public and private entities for SKHHP to carry out its purposes; (9) establish the responsibilities for the SKHHP Program Manager, direct and oversee the Administering Agency in the hiring process and performance review for that position and direct and oversee the activities of the SKHHP Program Manager; (10) appoint members of the Advisory Board; (11) assist with incorporating and/or work with a non-profit corporation to accept grants, donations and other funds on behalf of SKHHP and direct the Administering Agency to enter into contracts or other agreements with such agency for the use of those funds to carry out the purposes of this Agreement; and (12) take whatever other action is necessary to carry out the purposes of this Agreement. 6. ADMINISTRATION AND OVERSIGHT. The Executive Board will have final decision-making authority on behalf of SKHHP over all legislative and administrative matters within the scope of this Agreement. The Executive Board may delegate responsibility for general oversight of the operations of SKHHP to a Program Manager. The SKHHP Program Manager will submit quarterly budget performance and progress reports on the status of the work program elements to the Executive Board and the legislative body of each Party. The reports and their contents will be in a form acceptable to the Executive Board. The Executive Board will, by two-thirds supermajority vote, designate one or more of the Parties or another entity to serve as the Administering Agency, which will provide administrative 8 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 support services on behalf of SKHHP. The Administering Agency will be the fiscal agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. SKHHP will be staffed with personnel provided by the Parties and/or independent contractors contracting with the Administering Agency on behalf of SKHHP. Any Party providing personnel to SKHHP will remain solely responsible for the continued payment of all compensation and benefits to those personnel as well as for any worker's compensation claims. All Parties will cooperate fully in assisting SKHHP to provide the services authorized in. this Agreement. 7. MEETINGS OF EXECUTIVE BOARD. a. Frequency. The Executive Board will meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Executive Board will consist of the Board members (or alternates) who represent a simple majority of the Board's membership. Executive Board members (or alternates) may participate in any meeting by phone or video conferencing for all purposes, including but not limited to voting and establishing a quorum. C. Action. No action may be taken except at a meeting where a quorum exists. Action by the Executive Board requires an affirmative vote by a majority of the Board's membership, provided however, that a supermajority (two-thirds of Board members) will be required to appoint the Administering Agency, to add a new Party to this Agreement, or to modify the proposed contribution methodology for dues and assessments (see Section 15). Each Executive Board member, or his or her alternate, will have one vote on any proposed action; except that shared member voting shall be in accordance with the Executive Board's approval under Section 5 (a). Proxy voting will not be allowed. To the extent applicable to meetings of the Executive Board, the Executive Board will comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 8. ADVISORY BOARD. The Executive Board will create an Advisory Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, 9 SKHHP Interlocal Agreement Revised Jan 31, 2019 71 Revised 01.31.18 recommendations for emergency shelter and other immediate affordable housing needs, and to provide public education and community outreach services. The Advisory Board will be created before the end of the first year of SKHHP operations (with the start of the year defined as the hiring of the SKHHP Program Manager). The Advisory Board will consist of not more than fifteen (15) and not less than twelve (12) community members. The Executive Board will appoint members to the Advisory Board. Members appointed to the Advisory Board must have knowledge and understanding of affordable housing, be committed to the furtherance of affordable housing in South King County, and represent diverse community perspectives. Appointments will be for a four-year term with service limited to a total of two consecutive terms. The Executive Board will adopt procedures for the convening and administration of the Advisory Board. A member may be removed from the Advisory Board by the Executive Board with or without cause on a majority vote of membership of the Executive Board. 9. MEETINGS OF ADVISORY BOARD. a. Frequency. The Advisory Board will meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Advisory Board will consist of the Board members who represent a simple majority of the Board's membership. Advisory Board members may participate in any meeting by phone or video conferencing for all purposes, including but not limited to voting and establishing a quorum. C. Action. No action may be taken except at a meeting where a quorum exists. Action by the Advisory Board requires an affirmative vote by a majority of those members attending a Board meeting where a quorum exists. Proxy voting is not allowed. To the extent applicable to meetings of the Advisory Board, the Advisory Board will comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 10. AGREEMENT DURATION. This Agreement will be in full force and effect for a period commencing as provided in Section 34, and ending December 31 2020. This Agreement will automatically renew for successive two-year terms, unless sooner terminated under the provisions of this Agreement. 10 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 11. TERMINATION OF terminated legislative at any time by bodies of the AGREEMENT. This Agreement may affirmative vote of a majority of Parties to this Agreement. be the Upon termination of this Agreement, all property acquired during the life of the Agreement will be disposed of in the following manner: (i) all property contributed without charge by any Party will revert to the contributing Party; (ii) all property purchased on behalf of SKHHP after the effective date of this Agreement will be distributed to the Parties based on each Party's pro rata contribution to the overall budget at the time the property was purchased; (iii) except as provided in Subsection (iv) below, all unexpended or reserve funds will be distributed to the Parties based on each Party's pro rata contribution to the overall budget in effect at the time the Agreement is terminated; (iv) all uncommitted monies in the Housing Capital Funds Account will be distributed to the Parties by remitting the total uncommitted amounts remaining in each Party's Individual Account (as described in Section 14) to that Party; and (v) each Party that has funded a project through the Housing Capital Funds Account will be substituted for the Administering Agency with regard to all project financing documents, and the Administering Agency will be released from further obligations with respect thereto. 12. WITHDRAWAL. If a Party wishes to withdraw from participation in this Agreement, it may do so after the initial two year term if it first gives three months advance written notice to the Executive Board of its intention to withdraw, which notice will be due on or before October 1, 2020. If notice of an intent to withdraw is timely received, withdrawl will be effective as of 11:59 p.m. on December 31, 2020. The initial members of SKHHP agree they will participate for at least the first two years of the collaboration. After January 1, 2021, an opportunity is provided once per year for a Party to withdraw from this Agreement. Under this provision, advance written notice must be provided to the Executive Board on or before July 1, of its intention to 11 SKHHP Interlocal Agreement Revised Jan 31, 2019 73 Revised 01.31.18 withdraw from participation in the Agreement, effective as of 11:59 p.m. on December 313t of that current year. Any Party withdrawing from this Agreement will remain legally and financially responsible for any obligation incurred by the Party pursuant to the terms of this Agreement, including but not limited to any project financing documents executed by the Administering Agency on behalf of that Party, during the time the withdrawing Party was a member of SKHHP. A notice of withdrawal may be revoked by the Party that submitted the notice only by approval of a majority of the Executive Board to accept the revocation. Any Party that provides written notice of its intent to withdraw may continue to vote on all matters before the Executive Board prior to the effective date of its withdrawl, except the budget and work plan for the following year. 13. BUDGET. The fiscal year for SKHHP will be January 1 to December 31 of any year. The anticipated budgets for the first two years of SKHHP are attached to this Agreement as Exhibit B and incorporated herein by this reference. Approval of this Agreement by the legislative body of each Party includes approval of the first year SKHHP budget. For subsequent years, on or before June lst of each year, a recommended operating budget and work plan for SKHHP for the next budget year will be prepared, reviewed and recommended by the Executive Board and transmitted to each Party. The recommended operating budget will contain an itemization of all categories of budgeted expenses and will contain an itemization of the amount of each Party's contribution, including in-kind services, toward that budget. Contributions to the SKHHP annual budget may also come from other public or private entities. The Executive Board will approve acceptance of those contributions. a. No recommended budget or work plan will become effective until approved by the legislative body of each Party and adopted by the Executive Board, except for SKHHP's first year (2019). For the first year, the budget will be approved as part of the approval of this Agreement, and the first year work plan must be approved by the Executive Board. Once the legislative body of each Party has approved its contribution to SKHHP, either separately or through its budget process, and the SKHHP budget has been adopted by the Executive Board, each Party will be obligated to make whatever contribution(s) is budgeted for that Party. If a Party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the annual budget and work plan with a two-thirds majority vote. 12 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 b. Each Party's contribution (s) will be transmitted to SKHHP on a quarterly basis at the beginning of each quarter unless otherwise provided in the budget document. Each Party will specify the amount of its contribution to be deposited by the Administering Agency into the SKHHP Operating Account, as well as the amount, if any, to be deposited into the Party's Individual Account within the SKHHP Housing Capital Funds Account established by Section 14. C. If any Party is delinquent by more than three months in the payment of its, approved operating budget contribution to the SKHHP Operating Account, that Party will not be entitled to vote on matters before the Executive Board until the delinquency has been paid. A Party's decision not to contribute funds to its Individual Account, or its delinquency in funding the same will not affect that Party's voting rights on the Executive Board. 14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS. If authorized by resolution of the Executive Board, the Administering Agency may establish and maintain an account within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account will be held and disbursed by the Administering Agency as described in this Agreement. a. Within the Housing Capital Funds Account, a sub - account will be established for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Such sub -accounts are collectively referred to as the "Individual Accounts." Contributions to an Individual Account from a Party may be released only upon, and in accordance with, the written direction of that Party. b. A subaccount will be established within each Individual Account for each project or program funded in whole or part by a Party from its Individual Account. Such sub - accounts are referred to as "Project Accounts." C. The Administering Agency will maintain records sufficient to separately track the deposits, withdrawals and interest earnings, within each Individual Account and each 13 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 Project Account, and will provide quarterly reports to all Parties as to the status of funds in each Individual Account and Project Account. The Administering Agency's responsibilities under this Section may be delegated to the SKHHP Program Manager to the extent consistent with applicable law and as the Administering Agency and Executive Board may agree. d. Funds transmitted to SKHHP for deposit in the Housing Capital Funds Account will be held by the Administering Agency on behalf of SKHHP until directed for application to a specific project or program by the contributing Party. Uncommitted funds in an Individual Account will be remitted to the contributing Party within 45 days of receipt of written request from the Party signed by its chief executive officer, or upon the Party's withdrawal from SKHHP in accordance with the terms of Section 12, or on the dissolution of SKHHP per Section 11. e. Funds held by the Administering Agency on behalf of SKHHP will be subject to laws applicable to public funds, including but not limitations on investments for public funds as provided in State law and the State constitutional limitations on the gifting of public funds. Investment earnings will be credited to each Individual Account and Subaccount on a pro rata basis. f. The Executive Board will develop standard forms of approvals and agreements to be used in the application of funds contributed to the Housing Capital Funds Account (collectively referred to as "project financing documents"), consistent with the following goals and procedures: (i) Each Party choosing to participate in funding a project or program through the Housing Capital Funds Account will by action of its legislative body authorize the application of a specified amount of its Individual Account monies to such project or program, and will authorize and direct the SKHHP Executive Board, the SKHHP Program Manager, and the Administering Agency to take such actions as necessary to accomplish this. The Executive Board will recommend to the individual legislative bodies various terms to accompany their authorizations, and the legislative body authorizations will at a minimum include terms related to: 1. amount of funds allocated; 14 SKHHP Interlocal Agreement Revised Jan 31, 2019 76 Revised 01.31.18 2. project description, including minimum affordability requirements, if any; 3. nature of the finding commitment (loan, grant, or other); 4. in the event the funding commitment is provided as a loan, the general repayment terms including but not limited to the term of the loan and applicable, interest rate(s); and S. a general description of the security interests, if any, to be recorded in favor of the Party. (ii) For each individual housing project or program to be funded through the Housing Capital Funds Account, the developer, owner or administrator of such project or program (generally referred to as the `developer"), will enter into the necessary set of agreements (project financing documents) with the Administering Agency. The project financing documents will specify that the Administering Agency is acting as administering agency on behalf of each Party that is providing Housing Capital Funds Account funding to the project or program pursuant to this Agreement and RCW 39.34.030(4), and will identify each participating funding Party. The project financing documents will be consistent with general forms of agreement approved by the Executive Board and the terms and conditions approved by the legislative bodies of the funding Parties. To the extent permitted by law, the project financing agreements will incorporate all terms and conditions relative to the use and (if applicable) repayment of such funds, and provide for transfer of the Housing Capital Funds Account monies from the funding Parties to the developer. (iii) Funding contributions to, and repayments (if any) from, specific projects and programs will be recorded by the Administering Agency, including recording of monies deposited and withdrawn from each Party's Individual Account and Project Accounts. Repayments (if any) under any project financing agreement will be applied pro rata to the funding Parties' Individual Accounts based on the ratio of funding contributed to the project by each Party, unless the funding Parties otherwise agree. 15 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 (iv) Unless the Parties funding a project or program through the Housing Capital Funds Account otherwise agree, a default, termination or other action against a developer or other third party may be declared only after securing approval in writing of the chief executive officers of funding Parties which together have contributed not less than 510 of the total SKHHP member funding to the project. The Administering Agency will provide reasonable notice and information regarding the status of projects as necessary to each funding Party's chief executive officer to allow them to make a timely decision in this regard. Funding Parties not consenting to such default, termination or other action will be bound by the decision of the majority. All funding Parties will be obligated on a pro rata basis (based on their contributions to the project) to pay to the Administering Agency its reasonable costs and expenses incurred as a result of declaring a default, terminating an agreement or taking other action against a developer or other third party. Any funds recovered through such enforcement proceedings will be allocated to the funding Parties Individual Accounts pro rata based on their respective funding contributions to a project. (v) The Executive Board may from time to time authorize the Administering Agency to administer housing project agreements entered into before the effective date of this Agreement, upon terms consistent with this Agreement and subject to the consent of the Administering Agency and the Parties to such agreements. 15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions to the SKHHP Operating fund will be based on groupings of like -sized cities (based on population), or whatever contribution methodology is approved by a two-thirds majority of the Executive Board. Funding for the activities of SKHHP will be provided solely through the budgetary process. Unless otherwise specified in this Agreement, no dues, charges or assessments will be imposed or required of the Parties except upon unanimous vote of the membership of the Executive Board and ratification by the legislative body of each Party subject to the dues, charges or assessments. An approved budget (the overall revenues and expenditures) will not be modified until 16 SKHHP Interlocal Agreement Revised Jan 31, 2019 Revised 01.31.18 approved by the legislative body of each Party -and finally adopted by the Executive Board. If a Party agrees to totally fund an additional task to the work program, not currently approved in the budget, the task may be added to the work plan and the budget amended to reflect the funding of the total cost of such task by the requesting Party, upon approval by a majority of the membership of the Executive Board without approval by the individual Parties. Notwithstanding the foregoing, contributions by a Party to its Individual Account within the Housing Capital Funds Account will be solely within the discretion of that Party and are not considered "dues or assessments." 16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held by the Administering Agency, in addition to any records the Parties themselves may retain concerning their participation in SKHHP. These records may include meeting agendas, meeting summaries, reports, plans, budgets, and other documents. When a Party receives a request for records that may be held by the Administering Agency, the Party will refer the request to its own Executive Board member. The Party's Executive Board member will then work with the Administering Agency to gather all responsive records. The Party receiving the request should work with its own public records staff (if any) to describe the request with sufficient specificity to allow the Administrative Agency to identify and provide the records being sought. If any clarification of the request is required, the Party receiving the request will obtain that clarification from the requester. All communication with the requester will be by the Party to whom the request was submitted. In consultation with the Administering Agency, it will be the responsibility of the Party to whom the request for records was made to estimate the time it will need to produce responsive records, determine which records are responsive to the request, and address any redactions permitted by law. The Party that receives the request will bear the responsibility of complying with the Public Records Act in relation to its public records. Nothing in this Section is intended to require a Party to collect or produce records that are not prepared, owned, used, or retained by that Party as contemplated by the Public Records Act. 17. INDEMNIFICATION AND HOLD HARMLESS. 17 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 a. Each Party will indemnify, defend and hold other Parties (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency), their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Party's wrongful acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. If there is any recovery under this section, the Party responsible for any wrongful acts or omissions will pay any judgment or lien arising from the acts or omissions, including all costs and other Parties' reasonable attorney's fees. If more than one Party is held to be at fault, the obligation to indemnify and to pay costs and attorney's fees, will be only to the extent of the percentage of fault allocated to each respective Party by a final judgment of the court. b. If 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 a Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency), its officers, officials, employees, and volunteers, the Party's liability hereunder will be only to the extent of the Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Party's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this Section will survive the expiration or termination of this Agreement. C. Each Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency) will give the other Parties proper notice of any claim or suit coming within the purview of these indemnities. 18. INSURANCE. The Executive Board, SKHHP Program Manager and the Administering Agency will take such steps as are reasonably practicable to minimize the liability of the Parties associated with their participation in this Agreement, including but not limited to the utilization of sound business practice. 18 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 The Executive Board will determine which, if any, insurance policies may be reasonably practicably acquired to cover the operations of SKHHP and the activities of the Parties pursuant to this Agreement (which may include general liability, errors and omissions, fiduciary, crime and fidelity insurance), and will direct the acquisition of same. 19. AMENDMENTS. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of at least two-thirds of the legislative bodies of all Parties to this Agreement, evidenced by the authorized signatures of those Parties as of the effective date of the amendment. However, any amendment to this Agreement affecting the terms and conditions of membership on the Executive Board, powers of the Executive Board, voting rights of Executive Board members, Party contribution responsibilities, hold harmless and indemnification requirements, provisions regarding duration, termination or withdrawal, or the conditions of this Section will require consent of the legislative authorities of all Parties. This Section will not be construed to require amendment of this Agreement for the addition of a new Party contemplated under Section 20 or for any related revision to Executive Board membership authorized in Section 5(a). 20. ADDITIONAL PARTIES. Municipalities, local governments and public agencies within the SKHHP Sphere of Influence may, on execution of the Agreement and approval of the budget and work plan by its legislative body, become a Party to this Agreement on affirmative vote of a two-thirds majority of the membership of the Executive Board. The Executive Board will determine by a vote of a majority of its membership what, if any, funding obligations the additional Party will commit to as a condition of becoming a Party to this Agreement. 21. SEVERABILITY. The invalidity of any clause, sentence, paragraph, subdivision, section or portion f this Agreement, will not affect the validity of the remaining provisions of the Agreement. 22. CONFLICT RESOLUTION. Whenever any dispute arises between the Parties or between a Party or Parties, the Executive Board, or the Administering Agency (referred to collectively in this Section as the `Parties") under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting will include the 19 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 Chair of the Executive Board, the SKHHP Program Manager, and the representative (s) of the Parties involved in the dispute. If the parties do not come to an agreement on the dispute, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) will be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute will share equally the costs of mediation and assume their own costs. 23. SURVIVABILITY. Notwithstanding any provision in this Agreement to the contrary, the provisions of Section 10 (Agreement Duration), Section 11 (Termination of Agreement), Section 12 (Withdrawal), Section 16 (Public Records Requests), and Section 17 (Indemnification and Hold Harmless) will remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement. 24. WAIVER. No term or provision of this Agreement will be deemed waived and no breach excused unless that waiver or consent is in writing and signed by the Party claimed to have waived or consented. 25. SUBSEQUENT BREACH. Waiver of any default will not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement will not be deemed to be a waiver of any other or subsequent breach and will not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 26. NOTICE. Any notice to the Executive Board will be in writing and will be addressed to the Chair of the Executive Board and to the SKHHP Program Manager. In the absence of a SKHHP Program Manager, notice will be given to the chief executive officer of the Administering Agency. Any notice to an Officer or Party will be sent, to the address specified by the chief executive officer of the Party. 27. ASSIGNMENT. No Party may sell, transfer or assign any of its rights or benefits under this Agreement without Executive Board approval. 28. APPLICABLE LAW AND VENUE. This Agreement and any 20 SKHHP Interlocal Agreement Revised Jan 31 2019 Revised 01.31.18 rights, remedies, or obligations provided for in this Agreement will be governed, construed, and enforced in accordance with the substantive and procedural laws of the State. The Parties agree that the venue for any legal action under this Agreement is in the County in which a project is located, provided that the venue for any legal action against King County may be filed in accordance with RCW 36.01.050. 29. RETAINED the responsibility their own internal housing activities. RESPONSIBILITY AND AUTHORITY. Parties retain and authority for managing and maintaining systems and programs related to affordable 30. INDEPENDENT CONTRACTORS. Each Party to this Agreement is an independent contractor with respect to the subject matter of this Agreement. No joint venture or partnership is formed as a result of this Agreement. Nothing in this Agreement will make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any other Party's employees. No'employees or agents of one Party will be deemed, or represent themselves to be, employees of another Party. 31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the benefit of the Parties only, and no third party will have any rights under this agreement. 32. NONDISCRIMINATION. The Parties will comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 33. COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed, will be deemed one integrated Agreement. 34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This Agreement will become effective January 1, 2019, subject to its approval by the legislative bodies of all jurisdictions who are members of SKHHP as of January 1, 2019, and, pursuant to RCW 39.34.040, upon recording this Agreement or posting this 21 SKHHP Interlocal Agreement Revised Jan 31, 2019 83 Revised 01.31.18 Agreement on a Party's web site or other electronically retrievable public source. Although this Agreement may be approved and signed by a Party after the Agreement's effective date, all acts consistent with the authority of this Agreement that occur on or after January 1, 2019, are hereby ratified and affirmed, and the terms of this Agreement will be deemed to have applied. Approved and executed this ,2019. Name of Party: By: Its: Approved as to form City Attorney 22 SKHHP Interlocal Agreement Revised Jan 31, 2019 84 day of Revised 01.31.18 23 SKHHP Interlocal Agreement Revised Jan 31, 2019 85 Exhibit A - SKHHP Sphere of Influence ;. t cf,"a" 40 On i y i _ ' "�Y8i1U�t �� l k Island Clr" Ron 'W � .,,, s �eitrea�s' )rr.�..Y.rrb.r.r►nMrm�rlYtyRY/O+w rtri►�+iYNr..rrilY�+M+eArP �rrrr. .Mrr rrrY�r..riY.rR rrw�gtwrM+.�. N yrr.rrsfw Liw.1Y.1Wr.ra4.rwu�Mrr.r�r.wrr�Y�ad+Y+r.�wr } .�..o..+..•K....,,rk�.rrr.....�r.�.�hiwwYrrwa/ii 1[Y4 r�`w�r` eo.o••rrrr.r.++ar.ru.�s.wr.r�..�r.+p► ore:lmriAH Ns1e1 King Courcy 23 SKHHP Interlocal Agreement Revised Jan 31, 2019 85 Revised 01.31.18 EXHIBIT B Annual Expense Budget Full-time manager with salary/taxes/benefits $ 130,000 Administrative & low-level policy support with salary/taxes/benefits $ 90,000 Expenses - travel, phone, postage, and start-up costs $ 19,000 " Space $ 12,000 SubTotal $ 251,000 10% Fiscal Administration Fee $ 25,100 TOTAL $ 276,100 Cost for 10 months of Operations: $ 230,083 Revenue Budget Outside sources* (County, philanthropy, aligned organizations) Office Space (in-kind donation) [Pro -rated] Shared among participating cities (see below) TOTAL Shares for participatina cities: *outside, sources : KC Housing Authority 15,000 Enterprise 5,000 King County*** 48,000 TOTAL 68,000 ***King County has committed $75,000, including covering the share for unincorporated (In Year 1, the accrual from the unicorporated SKC share is used for $7K in startup costs) <10,000 10,001- 35,000: 35,001- 65,000: 65,001-100,000 100,001+ : 24 SKHHP Interlocal Agreement Revised Jan 31 2019 $ 68,000 $ 10,000 $ 152,083 230,083 3,113 5,837 11,675 20,236 Population % of (OFM 2018 est) Population Grouped by Size** Auburn 80,615 12% $ 20,236 Burien 51,850 8% $ 11,675 Covington 20,080 3% $ 5,837 Des Moines 31,340 5% $ 5,837 Federal Way 97,440 15% $ 20,236 Kent 128,900 20% $ 26,463 Normandy Park 6,700 1% $ 3,113 Renton 104,100 16% $ 26,463 Tukwila 19,800 3% $ 5,837 Unincorporated SKC 111,000 17% $ 26,463 TOTAL 651,8251 $ 152,161 *outside, sources : KC Housing Authority 15,000 Enterprise 5,000 King County*** 48,000 TOTAL 68,000 ***King County has committed $75,000, including covering the share for unincorporated (In Year 1, the accrual from the unicorporated SKC share is used for $7K in startup costs) <10,000 10,001- 35,000: 35,001- 65,000: 65,001-100,000 100,001+ : 24 SKHHP Interlocal Agreement Revised Jan 31 2019 $ 68,000 $ 10,000 $ 152,083 230,083 3,113 5,837 11,675 20,236 Revised 01.31.18 Annual Expense Budget Full-time manager with salary/taxes/benefits $ 130,000 Administrative & low-level policy support with salary/taxes/benefits $ 90,000 Expenses - travel, phone, postage $ 12,000 Space $ 12,000 SubTotal $ 244,000 10% Fiscal Administration Fee $ 24,400 Revenue Budget Outside sources* (County, philanthropy, aligned organizations) $ 61,000 Office Space (in-kind donation) $ 12,000 Shared among participating cities (see below) $ 195,400 TOTAL 'Outside sources Population % of Enterprise 5,000 (OFM 2018 est) Population Grouped by Size** Auburn 80,615 12% $ 26,000 Burien 51,850 8% $ 15,000 Covington 20,080 3% $ 7,500 Des Moines 31,340 5% $ 7,500 Federal Way 97,440 15% $ 26,000 Kent 128,900 20% $ 34,000 Normandy Park 6,700 1% $ 4,000 Renton 104,100 16% $ 34,000 Tukwila 19,800 3% $ 7,500 Unincorporated SKC 111,000 17% $ 34,000 TOTAL 651,825 $ 195,500 'Outside sources KC Housing Authority 15,000 Enterprise 5,000 King County*** 41,000 TOTAL 61,000 ***King County has committed $75,000, including covering the share for unincorporated *"Grouped by,Siae Ranges <10,000 $ 4, 10,001- 35,000: $ 7,500 35,001- 65,000: $ 15,000 65,001-100,000 $ 26,000 ,100,001+: $ 34,000 25 SKHHP Interlocal Agreement Revised Jan 31, 2019 87