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PRHSPSC PKT 03-12-2019City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee March 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 A. Approval of January 8, 2019 Minutes B. Approval of January 14, 2019 Minutes C. 2018 Emergency Management Performance Grant Presenter Page Gross 3 7 9 Action or Info Action Action Action D. Third Amendment for Janitorial Services Gerwen 47 Action E. Parks, Recreation and Open Space Plan Gerwen N/A Update F. Equipment Purchase — One (1) Additional Parks Dept. Gerwen 55 Action Utility Cart Using Replacement Reserves G. HVAC Services Contract Award Ikerd 57 Action H. Tree Services Contract Award Ikerd 85 Action I. Use of Additional Unallocated Mitigation Funds to Ikerd 97 Action Complete the Purchase of One (1) Foreclosed King County Parcel for Open Space and Recreation J. Renewing a MOU with the Internet Crimes Against Hwang 99 Action Children Task Force Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2019\03-12-2019 Agenda.doc Council Date N/A N/A Consent 3/19/19 Consent 3/19/19 N/A Consent 3/19/19 Consent 3/19/19 Consent 3/19/19 Consent 3/19/19 Consent 3/19/19 city Staff John Hutton, Parks Director Mary Jaenicke, Administradve Assistant II K. Police Services Agreement with Commons Mall Hwang 125 Action Consent 3/19/19 L. Public Safety Testing (PST) Total Compensation Hwang 133 Action Consent Amendment from $37,500 to $47,500. 3/19/19 M. 2019 Human Services Commission Work Plan Watson 139 Action Consent 3/19/19 N. CDBG Citizen Participation Plan Watson 143 Action Public Hearing 3/19/19 O. First Amendment to the 2018 Community Development Bridgeford 159 Action Public Block Grant (CDBG) Annual Action Plan Hearing 3/19/19 P. 2018 Program Year Consolidated Annual Performance Bridgeford 189 Action Public and Evaluation Report (CAPER) Hearing 3/19/19 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. Monthly Crime Report Hwang Update 10 mins. D. Emergency Shelter Guidelines/Criteria Honda Discussion 10 mins. 6. ADJOURNMENT NEXT REGULAR MEETING: April 9, 2019 Committee, Members City Staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administrative A-Istant II Martin Moore K:\PRHSPS Committee\2019\03-12-2019 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. Chunming 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\0 1 -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 ofapparatuses 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 Il. 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: March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT POLICY QUESTION: Should the City of Federal Way accept the 2018 Emergency Management Performance Grant award to fund the mass notification system? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: 3/12/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ra Gross Emergency Manager DEPT: Emergency Management ......................................................................... ....................... .............. y...........................�............................................................................................................................................................... ................................................................................. Attachments: Staff Report Memorandum 2018 Emergency Management Performance Grant Options Considered: Option 1. Approve acceptance of the 2018 Emergency Management Performance Grant Option 2. Do not approve acceptance of the 2018 Emergency Management Performance Grant and provide direction to staff. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................... . MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2018 Emergency Management Performance Grant. MAYOR APPROVA�g� a7 DIRECTOR APPROVAL: Cmc Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed grant to the _March 19`h, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of 2018 Emergency Management Performance Grant effective June P, 2018 through August 31, 2019 with a total compensation of $37,500, and authorize the Mayor to sign grant agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS 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 MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ray Gross, Emergency Manager SUBJECT: 2018 Emergency Management Performance Grant Financial Impacts: The revenue to the City for the 2018 Emergency Management Performance Grant will be $37,500 and will be credited to the Emergency Management. The cost to the City to receive the funds are $18,750 in matching salary. Upon completion of the 2018 Emergency Management Performance Grant future costs will be $0.00 due to no ongoing costs. Background Information: The City of Federal Way Emergency Management Division has applied for the 2018 Emergency Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the enhancement and sustainment of emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of all -hazards emergency management: response, recovery, mitigation and preparedness. Washington State Emergency Management Division passes -through federal funding to eligible local emergency management agencies. The EMPG program requires a 50% match from the local jurisdiction and the total award amount is based on the local Emergency Management Agency's operating budget. The City of Federal Way is expected to be awarded $37,500 and has $18,750 in matching funds. The performance period of the 2017 EMPG is from June 1, 2018 through August 31, 2019. The City of Federal Way Emergency Management Division would like to use the awarded EMPG funds to continue funding of the mass notification system CodeRed. io Rev. 7/18 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Federal Way $37,500 E19-133 33325 8th Avenue S Federal Way, WA 98003-6325 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ray Gross, (253) 835-2712 June 1, 2018 August 31, 2019 ray. g ross@cityoffederalway. com 17. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Gary Stumph, (253) 512-7483 612509901 601-223-538 oarv.stum nhtarnil_wa_nnv DHS-FEMA-EMPG-FY 18 Pl_v 1 of 36 City of Federal Way, E19-133 10. Funding Authority: Washington State Military De artment (the "DEPARTMENT') and the U.S. Department of Homeland SecurityDHS 11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: EMS -2018 -EP -00004-S01 08/17/2018 97.042 18EMPG 14. Total Federal Amount #: 15. Program Index # & OBJ/SUB-OBJ: $7,345,832 1 783PT NZ 16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 30 King Certified?: ® N/A El BY CONGRESSIONAL DISTRICT): 9___] ❑ YES, OMWBE # 19. Agreement Classification 20. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services ® Public/Local Gov't ® Contract ® Grant ® Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental RCW 39.34 ❑ Interagency 21. Subrecipient Selection Process: 22. Subrecipient Type (check all that apply) ® "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A ❑ ® Public Organization/Jurisdiction ❑ Non -Profit Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER 23. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2018 Emergency Management Performance Grant (18EMPG) is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 18EMPG DHS Award Letter for Grant No. EMS -2018 -EP -00004- S01, which is incorporated in and attached hereto as Attachment #1 and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Jim Ferrell, Mayor Washington State Military Department City of Federal Way BOILERPLATE APPROVED AS TO FORM: Brian E. Buchholz 8/21/2018 APPROVED AS TO FORM (if applicable): Sr. Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-FY 18 Pl_v 1 of 36 City of Federal Way, E19-133 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Ray Gross Name Gary Stumph Title Emergency Manager Title Program Coordinator E -Mail ray.gross@cityoffederalway.com E -Mail gary.stumph@mil.wa.gov Phone 253-835-2712 Phone 253-512-7483 Name Jim Ferrell Name Tirzah Kincheloe Title Mayor Title Program Manager E -Mail jim.ferrell@cityoffederalway.com E -Mail t1rzah.kilnche1oe@!]2il.wa.gov Phone 253-835-2402 Phone 253-512-7456 Name Name Title - Title E -Mail E -Mail Phone Phone ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 18EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS -2018 -EP -00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment 1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 18EMPG funds received under this Agreement casts the party receiving the funds in the role of a Subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its Subrecipient: The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 18EMPG funds, including, but not limited to, those contained in 2 CFR 200. The Subrecipient shall require its subrecipient to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 18EMPG Program, including, but DHS-FEMA-EMPG-FY 18 Pa;t 2 of 36 City of Federal Way, Ell 9-133 not limited to, all criteria, restrictions, and requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS -2018 -EP -00004-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 18EMPG federal award funds, and associated matching funds, provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment 1 of this Agreement. 2. BUDGET & REIMBURSEMENT a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VI I to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements(&-mil.wa.gov no later than the due dates listed within the Timeline (Exhibit D). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and once approved submit those costs on the next scheduled reimbursement due date contained in the Timeline. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g_ Any request for extension of a due date in the Timeline (Exhibit D), will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate DHS-FEMA-EMPG-FY 18 P@V 3 of 36 City of Federal Way, E19-133 time for Department review and consideration, and may be granted or denied within the Department's sole discretion. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa.gov/emergency- management-division/grants/reguiredgrantforms, which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the Stakeholder Preparedness Review (SPR), formerly known as the State Preparedness Report. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a DHS-FEMA-EMPG-FY 18 P464 of 36 City of Federal Way, E19-133 subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award Identification Number (FAIN) D. Catalog of Federal Domestic Assistance (CFDA) number E. who holds the title F. acquisition date G. cost of the equipment and the percentage of federal participation in the cost H. location, use, and condition of the equipment at the date the information was reported I. disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. DHS-FEMA-EMPG-FY 18 PJ�9 5 of 36 City of Federal Way, E19-133 B. For Equipment: 1) items with a current per-unit fair -market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair -market value in excess 'of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized- equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/media-library/assets/documents/85376 all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. DHS-FEMA-EMPG-FY 18 Pal G 6 of 36 City of Federal Way, E19-133 d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at http://mil.wa.gov/emergency-management- division/grants/reguiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. Monitoring activities may include, but are not limited to: i. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, e-mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of rratiorrat origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. DHS-FEMA-EMPG-FY 18 P19P 7 of 36 City of Federal Way, E19-133 Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies orjurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive FY 2018 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/media-library/assets/documents/130743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist state, local, and tribal governments to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). 2. A portion of the 18EMPG is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 5. The Subrecipient shall provide a fifty percent match of $37,500 of non-federal origin. To meet matching requirements, the Subrecipient's cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An DHS-FEMA-EMPG-FY 18 PJ0 8 of 36 City of Federal way, E19-133 appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. Complete and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emergency/nims/nims training program.pdf (to include ICS - 100, ICS -200, IS -700, and IS -800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and b. Complete either (1) the FEMA Professional Development Series IS -120, IS -230, IS -235, IS -240, IS -241, IS -242, and IS -244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 18EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 18EMPG Award Letter and its incorporated documents for DHS Grant No. EMS -2018 -EP -00004-S01, which are incorporated and made a part of this Agreement as Attachment 1. DHS-FEMA-EMPG-FY 18 P40 9 of 36 City of Federal Way, E19-133 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department' means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "Subrecipient' is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment' means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-EMPG-FY 18 PaQX10 of 36 City of Federal Way, E19-133 Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or Subrecipient or by checking the System for Award Management (https:Hsam.gov/portal/SAM/##11) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https:Hsecure.ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://www.des.wa.gov/services/ContractingPurchasing/Business/PagesNendor-Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CF -R Section 52.203-5) Public Records Act (RCW 42:-56), Prevailing Wages on Public Works (RCW- 39.12), RCW39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-FY 18 Pagq 11 of 36 City of Federal Way, E19-133 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the.Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the. federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under DHS-FEMA-EMPG-FY 18 PaW12 of 36 City of Federal Way, E19-133 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)–A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awardirrgagency requirements arrd regulatFons pertaining to copyrights and rights in data. DHS-FEMA-EMPG-FY 18 Pa$g 13 of 36 City of Federal Way, E19-133 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). The Department reserves the right to review the Subrecipient's procurement plans and documents, and require the Subrecipient to make -changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: DHS-FEMA-EMPG-FY 18 Pa6qA14 of 36 City of Federal Way, E19-133 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FY 18 Pagg 15 of 36 City of Federal Way, E19-133 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. DHS-FEMA-EMPG-FY 18 PaI616 of 36 City of Federal Way, E19-133 Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or Subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a completed "2 CFR Part 200 Subpart F, Audit Certification Form" (haps://www.mil.wa.gov/emergency-management-division/grants/requiredgrantforms) to the Department at the address listed above identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s). The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. DHS-FEMA-EMPG-FY 18 Pa29 17 of 36 City of Federal Way, E19-133 Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. DHS-FEMA-EMPG-FY 18 PaW18 of 36 City of Federal Way, E19-133 The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been te�nated by the Department in compliance with all contractual requirements; and DHS-FEMA-EMPG-FY 18 Pqo 19 of 36 City of Federal Way, E19-133 g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISESIMWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY 18 P4020 of 36 City of Federal Way, E19-133 Exhibit C WORKPLAN FY 2018 Emergency Management Performance Grant bnognmy ManagwneftOrgmtkaIltion" City of Federal Way The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 18EMPG grant and local funds). Program Area #1 Public Outreach WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK I Develop a Pre -CERT 1 -day course. The Pre -CERT 1 -day course will follow the FEMA A Pre -CERT 1 -day course will provide hands-on Online CERT course, providing hands-on application of CERT skills covered in FEMA's online application of CERT skills. This will help reach the training. This will provide an introduction to local newer generation of people who prefer online emergency management and the Volunteer instruction, as well as providing preparedness Emergency Worker program. training to those who cannot commit the time to a full, in-person course. The course will also help increase interest in attending in-person preparedness and CERT refresher classes. Contact the City of Des Moines for interest in a A joint CERT program would help manage training A joint CERT program will result in a better use of CERT program and conduct a joint training. resources and provide a common platform for the training resources and a larger pool of trained training of local CERT members. CERT members. Review and update the basic CERT course offered Based on current events and the changing hazard Provide a current, relevant training of basic CERT by the City of Federal Way. environment, the City needs to ensure that the skills, based on current policies and identified basic CERT course is still providing the appropriate volunteer use. training. ;Program Area #2 Trainin WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Conduct an EOC mobilization and demobilization Based on lessons learned from the 2017 training City staff will be better trained for EOC training and exercise, and develop respective and exercise review, gOC staff need more training mobilizations/demobilizations and will have SO Ps. on the EOC SOP and use of EOC equipment for access to, and be able to utilize, accurate SOPS for both standing -up and standing -down the EOC. response activities. Program Area #3 Planning WORK PLANNED WHY THE WORK 15 BEING DONE RESULT OF THE WORK Establish a joint work group with Federal Way Currently, jurisdiction protocols and EOC job aids Partners will have a basic understanding of Public Schools and assisting agencies to focus on do not exist for active shooter -type incidents. agencies' roles and responsibilities in the event of active shooter protocols, and develop an EOC an active shooter event at a school. hazard job aid for response to active shooter events. Review the joint information system and joint Need to add a section to the basic plan to address There will be an established protocol of who information center procedures, staffing, active threat protocols in notifying needs to do what, and what resources may be equipment, and community partners with a focus internal/external audiences and to identify the available, in active threat -type events. It is also on active threat -type events. resources available to the Joint Information expected the City will have a better trained PIO System. team to respond to a possible active threat event. DHS-FEMA-EMPG-FY 18 PaVf 21 of 36 City of Federal Way, E19-133 Program Area #4 Planning WORK PLANNED WHY THE WORK 15 BEING DONE RESULT OF THE WORK Continue the development and update of the A need was identified at the 2017 Emergency RTF staff will understand their roles and they will local Recovery Task Force (RTF) Plan. Review and Management Institute Integrated Emergency be able to help support the needs of disaster update the current mission statement, Management Course to establish an RTF Plan, survivors in the aftermath of a short- or long-term organization chart, and the staff assigned to roles define the RTF's purpose, and begin design of a disaster. within the plan. membership organization chart along with assigned roles. The current draft plan needs to be reviewed and updated so that a training program can start and evolve into an exercise. Program Area #5 Communications WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Conduct tests of the CEMNET radio system with Communication with the Washington State EOC is Equipment is in a constant state of readiness and the Washington State EOC weekly, if possible, or vital and CEMNET is the primary radio backup assigned staff are trained on the equipment. at least monthly, to ensure equipment readiness system. Weekly/monthly radio checks are a and that assigned staff are familiar with how the means to ensure staff and equipment system operates. performance. Conduct weekly tests of the 800Mhz radio system Communications with King County ECC is vital and Successful radio contact is made with King County with King County ECC. the 800Mhz radio system is one of the primary ECC via 800Mhz on a weekly or monthly basis. radio systems that is used. Equipment is in a constant state of readiness and assigned staff are trained on the equipment. Operate the 150Mhz radio system during CERT The 150Mhz is the primary backup radio system The local 150Mhz system is tested under both drill and EOC drills and during the Red, White, and for the city, and communication between field and actual events. Equipment is in a constant Blues Festival (the city's 4th of July event). operations and the EOC is essential. state of readiness and staff, along with volunteers, are trained on its use. Conduct CodeRed training for staff who are Staff continually need to be trained on the use A basic level of trained staff will know how to use assigned to use the system. The system has been and application of the CodeRed mass notification the CodeRed system and will know its operational used, and will be used, during snow, ice, and wind system. capacities. events along with various police call -out activities. DHS-FEMA-EMPG-FY 18 Palk 22 of 36 City of Federal Way, E19-133 Exhibit D TIMELINE FY 2018 Emergency Management Performance Grant DATE TASK June 1, 2018 Grant Agreement Start Date August 31, 2019 Grant Agreement End Date October 15, 2019 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. DHS-FEMA-EMPG-FY 18 Paag 23 of 36 City of Federal Way, E19-133 Exhibit E BUDGET • The Subrecipient will provide a match of $37,500 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 783PT — EMPG DHS-FEMA-EMPG-FY 18 PagU24 of 36 City of Federal Way, E19-133 FY 2018 Emergency Management Performance Grant 18EMPG AWARD $ 37,500.00 SOLUTION AREA CATEGORY EMPG AMOUNT MATCH AMOUNT Salaries & Benefits $ - $ - ZO Z Overti me/Ba ckfi 11 $ - $ - Z Consultants/Contractors $ - $ - Z gTravel/Per Goods & Services $ - $ Diem $ - $ - Subtotal $ - $ - Z Salaries & Benefits $ - $ 37,500 O Q� Overtime/Backfill $ - $ - n7 Consultants/Contractors $ - $ - Z Q Goods & Services $ 37,500 $ CO Travel /Per Diem $ - $ - O Subtotal $ 37,500 $ 37,500 Salaries & Benefits $ - $ - N Overtime/Backfill $ - $ - 0 Consultants/Contractors $ - $ - X Goods & Services $ - $ - W Travel/Per Diem $ - $ - Subtotal $ - $ - Salaries & Benefits $ - $ - Z Overtime/Backfill $ - $ - Z Consultants/Contractors $ - $ - Goods & Services $ $ Travel/Per Diem _ $ _ $ Subtotal $ - $ - Ej Equipment $ - $ - C$ `L Subtota 1 - $ - Salaries & Benefits $ - $ - Overti me/Ba ckfi 11 $ - $ - Q 06Consultants/Contractors $ - $ Goods & Services $ - $ - Travel/Per Diem $ - $ - Subtotal $ - $ Indirect- -- ------------------------------................---....--............. $ - ----- ...--- -$$ - Indirect Cost Rate on file 0% —............--........... TOTAL Grant Agreement AMOUNT: $ 37,500 $ 37,500 • The Subrecipient will provide a match of $37,500 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 783PT — EMPG DHS-FEMA-EMPG-FY 18 PagU24 of 36 City of Federal Way, E19-133 Award Letter Bret Daugherty 0/ashington Military Department Building 20 Camp Murray,VVA98430 - 5122 Re: Grant No EMS -2018 -EP -00004 Dear Bret Daugherty Attachment 1 18EMPG Award Letter EMS -2018 -EP -00004 -SOI U S Department of Homeland Securit-i Washington, D C 20472 Congratulations, on behalf of the Department of Homeland Security, your application far financial assistance submitted under the Fiscal Year (FY) 2018 Emergency Management Performance Grants has been approved in the amount of $7,345,832.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,345,832.00 of non -Federal funds, or 50 percent of the total approved project costs of $14,691,664 00 Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • .Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Avvard Letter) • FY 2018 Emergency Management Performance Grants Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions Step 1 Please log in to the ND Grants system at https //portal.fema.gov. Step 2. After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then dick the link for ".Award Offer Review" tasks This link will navigate you to Award Packages that are pending review Step 3 Click the Revievr Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records System for Award Management (SAM) Grant recipients are to keep all of their information up to date in SAM, in particular, your organisation's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM, therefore, it is imperative that the information is correct. The System for Award Management is located at hjjk2 www. sam aov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (Glv1S) know as soon as possible This will help use to make the necessary updates and avoid any interruptions in the payment process DHS-FEMA-EMPG-FY 18 Palb 25 of 36 City of Federal Way, El 9-133 I --tea CHRISTINE MARIE JONIENTZ TRISLER Regional Administrator DHS-FEMA-EMPG-FY 18 Paig26 of 36 City of Federal Way, E19-133 Agreement Articies Sun Oct 01 00 00 00 GMT 2017 U S Department of Homeland Security -pARTAf Washington, D C 20472 AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT NUMBER: EMS -2018 -EP -00004-S01 TABLE OF CONTENTS Article I 0 histleblower Protection ,Act Article II Use of DHS Seal, Logo and Flags Article III USA Patriot Act of 2001 Article I'%' Universal Identifier and System of Award Management ( SAAR ) Article V Reporting of Matters Related to Recipient Integrity and Performance Article VI Rehabilitation Act of 1973 Article VII Article VIII Article IX Article X Article XI Article XII Art4cte X.I-tt Trafficking Victims Protection Act of 2000 Terrorist Financing SAFECOM Reporting Subawards and Executive Compensation Procurement of Recovered Materials Patents and Intellectual Property Rights f`d-atce of F u r1dn g (D -pp o4 -u t -y. Rv�ire-mg a -t -s DHS-FEMA-EMPG-FY 18 Pagq 27 of 36 City of Federal Way, E19-133 Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXIII Article XXXIV Article XXXV Article XXXVI Non -supplanting Requirement Lobbying Prohibitions Limited English Proficiency (Civil Rights Act of 1964, Title VI) Hotel and Motel Fire Safety Act of 1990 Fly America Act of 1974 Best Practices for Collection and Use of Personally Identifiable Information (PII) Americans with Disabilities Act of 1990 Age Discrimination Act of 1975 Activities Conducted Abroad Acknowledgment of Federal Funding from DHS Federal Leadership on Reducing Text Messaging while Driving Federal Debt Status False Claims Act and Program Fraud Civil Remedies Energy Policy and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Duplication of Benefits Drug -Free Workplace Regulations Debarment and Suspension Copyright Civil Rights Act of 1968 Civil Rights Act of 1964 - Title VI DHS Specific Acknowledgements and Assurances Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS-FEMA-EMPG-FY 18 Pagi$28 of 36 City of Federal Way, E19-133 Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article 1 - Whistleblower Protection Act National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Acceptance of Post Award Changes Disposition of Equipment Acquired Under the Federal Award Prior Approval for Modification of Approved Budget Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310. Article 11 - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article III - USA Patriot Act of 2001 Recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. Sections 175-175c. Article IV - Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. Article V - Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipients currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the recipient must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C. F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article VI - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Actof 1973, (29 U.S.C. Section 794), as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap; be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article VII - Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. Section 7104. The award term is located at 2 C.F.R. Section 175.15, the full text of which is incorporated here by reference. Article VIII - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. DHS-FEMA-EMPG-FY 18 PaM29 of 36 City of Federal Way, El 9-133 Article IX - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X - Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170. Ap npe dix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XI - Procurement of Recovered Materials Recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bash -Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. Section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. Section 401.14. Article XIII - Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. Recipients must comply with any such requirements set forth in the program NOFO. Article XIV - Non -supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XV - Lobbying Prohibitions Recipients must comply with 31 U.S.C. Section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with the Title Vl of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable _ stepsto_provide_meaningful_accessto persons with limited_ English proficiency_jLEPjto their programs and,_ services__ For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www. dhs gov/guidance-published-help-department-supported-organizations-provide-meaningful- access -people -limited and additional resources on http://Www.lep.gov. Article XVII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, (15 U.S.C. Section 2225a), recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. Section 2225). DHS-FEMA-EMPG-FY 18 Pa#Q30 of 36 City of Federal Way, El 9-133 Article XVIII - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. Section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. Section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XIX - Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PI I are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article XX - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. Sections 12101- 12213), Article XXI - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, Section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXII - Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXIII - Acknowledgment of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article XXIV - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513 including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXV - Federal Debt Status Recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXVI - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of The False Claims Act (31 U.S.C. Section 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. Section 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXVII - Energy Policy and Conservation Act Recipients must comply with the requirements of The Energy Policy and Conservation Act (42 U.S.C. Section 6201) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. DHS-FEMA-EMPG-FY 18 Pagg 31 of 36 City of Federal Way, E19-133 Article XXVIII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C F.R. Part 19 Article XXIX - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXX - Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government -wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D, 41 U.S.C. 8101). Article XXXI - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. Sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XXXIII - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968 which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42 U.S.C. Section 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R. Section 100.201.) Article XXXIV - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d et seq.). which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C. F.R. Part 21 and 44 C. F.R. Part 7. Article XXXV - DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other DHS-FEMA-EMPG-FY 18 Pa4Q32 of 36 City of Federal Way, E19-133 individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5 If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcIQhq.dhs.aov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Article XXXVI - Assurances,.Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form) Standard Form 424B Assurances - Non -Construction Programs or OMB Standard Form 424D Assurances - Construction Pro, rq ams as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2 Code of Federal Regulations Part 200, and adopted by DHS at 2 C. F. R. Part 3002. Article XXXVII - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXIX - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.00v if you have any questions. Article XL - Disposition of Equipment Acquired Under the Federal Award DHS-FEMA-EMPG-FY 18 Pa49 33 of 36 City of Federal Way, E19-133 When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLI - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C. F.R. Section 200.308. For awards with an approved budget greater than the simplified acquisition threshold as defined at 2 C.F.R Section 200.88 (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. BUDGET COST CATEGORIES Personnel $3,157,326.00 Fringe Benefits $1,174,535.00 Travel $85,863.00 Equipment $0.00 Supplies $58,504.00 Contractual $9,819,913.00 Construction $0.00 Indirect Charges $395,523.00 Other $0.00 DHS-FEMA-EMPG-FY 18 Pag�434 of 36 City of Federal Way, E19-133 Obligating Document Per Award/Amendment Ia. AGREEMENT NO. 2. AMENDIVIENTNO. 3. EMS-2018-EP-00004-SO1 *** RECIPIENT NO. 916001095E 6. RECIPIENT NAME AND 7. ISSUING FEIVLA OFFICE AND ADDRESS ADDRESS Washington Military FEMA -GPD Department 400 C Street, SW, 3rd floor Building 20 Washington, DC 20472-3645 Camp Murray, WA, 98430 - POC: 866-92775646 5122 4. TYPE OF ACTION 5. CONTROL NO. AWARD FY2018RIOEWG 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, V A 22603 9. NAIVIE OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 2535127456 Central Scheduling and Information Desk Tirzah Kincheloe Phone: 800-368-6498 Email: Askesid@dhs.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement 10/01!2017 OF PAYMENT PARS 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR NAME (ACCS CODE) TOTAL ACRONYM _X Y - AWARD XX,�K,Y-�'YX-XY.sc'K-X From: To: 10/01/2017 09/3012019 Budget Period 10/01/2017 09/30/2019 AMOUNT CURRENT AWARDED TOTAL THIS AWARD ACTION + OR (-) CUIVIULA TIVE NON- FEDERAL COMMITMENT Emergency 97.042 2018-FA-GA01-R107- $0.00 $7,345,832.00 $7,345,832.00 See Totals Management -4120-D Performance Grants TOTALS $0.00 $7,345,832.00 $7,345,832.00 $7,345,832.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to teens and conditions attached to this award noti ce or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Tirzah Kincheloe, Mrs Wed Sep 05 00:20:54 GMT 2018 18. FEMA SIGNATORY OFFICIAL (Name and Title) KIMBERLY ERIN PENFOLD , Assistance Officer DHS-FEMA-EMPG-FY 18 N%35 of 36 DATE Fri Aug 17 16:37:29 GMT 2018 City of Federal Way, E19-133 DHS-FEMA-EMPG-FY 18 Pagf636 of 36 City of Federal Way, E19-133 SUBJECT: Third amendment for Janitorial Services POLICY QUESTION: Should Council authorize a third amendment to the janitorial agreement with Synergy Building Services, Inc. to add Park restrooms to the scope and add $85,000 compensation? COMMITTEE: PRHSPS Committee MEETING DATE: March 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, De u Director DEPT: Parks .................................................................................................................P...............................................................P......h'............................................................................_........................................................_....................._.........................._...............___..........._..._..._......_....__........................................_..._............. Attachments: Staff Report Contract Amendment Options Considered: 1. Approval to amend the Synergy Building Services, Inc. scope of services and add more compensation to the contract in the amount of $85,000. 2. Do not approve amending the scope of janitorial services and compensation and provide staff direction. MAYOR'S MAYOR APPROVAL: TION: Option 1 DIRECTOR APPROVAL: '7/Z/� Tn—itia-lbate COMMITTEE RECOMMENDATION: I move to amend forward the proposed amendment to the Synergy Building Services, Inc. contract to the March 19, 2019 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approval of the Synergy Building Services Agreement and authorize the Mayor to sign said Amendment. " 47 (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 # 47 CITY OF FEDERAL WAY MEMORANDUM DATE: February 27, 2019 To: PRHSPS Committee VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks & Facilities Manager RE: 3`d Amendment for Janitorial Services Financial Impacts: The cost to the City for janitorial services was included within the approved budget under the Parks Department, budget line 505-1100-331-518-30-415. This will be paid out of Facilities and Park allocated budgets. In accordance with the approved budget, this item is funded by the General Fund. At the end of the term of this contract, the City will rebid for future janitorial services. Summary/Backeround: For five (5) years Synergy has successfully performed janitorial services at City Facilities: City Hall, Police Building and the Steel Lake Maintenance Office. This past year we added three (3) park sites to their scope to see if we could cut down on the amount of time it takes our limited staff to open up active parks for the day by having them clean the restrooms. This has proven beneficial so our staff have more time for repairs, projects or setting up special events. We seek authorization to amend their scope for services for the park sites and add more compensation to the scope of services contract in the amount of $85,000. M CITY OF CITY HALL Sth Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www: utyoffederahray com AMENDMENT NO.3 TO JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Synergy Building Services, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City Hall Janitorial Services ("Agreement") dated effective February 24, 2014,as amended by Amendment No.(s)1 and 2, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-3 attached hereto and incorporated by this reference ("Additional Services"). 3. PREVAILING WAGE. As provided in paragraph 10.4, the Contractor agrees to pay the current prevailing wages at the time of additional year extensions. The current prevailing wage rates are attached as Exhibit D-3. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 49 AMENDMENT - 1 - 3/2017 CITY OF .ti Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vwvvv cjWfederaAray. corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: SYNERGY BUILDING SERVICES, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of AMENDMENT Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 50 -2- 3/2017 CITY OF CITY HALL 8th W y 33325 8th Avenue South Federal Federal Way, WA 98003-6326 (253)835-7000 www crtyof%deraMoy corn EXHIBIT A-3 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Sacajawea Upper Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 365 days - 1 service cleaning/day in AM Sacajawea Lower Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week —120 days (June — September)- 1 service cleaning/day in AM Lakota Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 365 days - 1 service cleaning/day in AM Town Square Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 365 days - 1 service cleaning/day in AM NOTE: City will provide paper and plastic products to include: dispenser items and trash liners. Contractor to furnish: cleaning supplies and disinfectants to properly sanitize public facilities according to manufacture recommendations. Sanitation is to provide broad-spectrum control to include but not limited to: Salmonella, Viral germs, etc. 51 AMENDMENT -3 - 3/2017 CITY OF CITY HALL 4'S' 33325 8th Avenue South Fed Federal Way, WA 98003-8325 (253)835-7000 awry cootfederahvaycorn EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the additional Services, the City shall pay the Contractor an additional amount not to exceed Eighty -Five Thousand and NO/100 Dollars ($85,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Ninety -Seven Thousand Six Hundred and NO/ 100 Dollars ($382,600.00). 2. Payout Schedule: City Hall - $3,550.00 per month = $42,600.00 per year Police Storage Office - $50.00 per month = $600.00 per year IT Office - $150.00 per month = $1,800.00 per year Parks/Public Works Maintenance Facility - $450.00 per month = $5,400.00 per year Town Square Park - $1,125.00 per month = $12,375.00 for 11 months remaining. Sacajawea Park - $1,125.00 per month = $12,375.00 for 11 months remaining. Lakota Park - $1,125.00 per month = $12,375.00 for 11 months remaining. Additional services shall be paid out at $27.00 per hour with $2,000.00 additional funds in the contract for any City requested extra services. 52 AMENDMENT - 4 - 3/2017 CITY OF Federal Way EXHIBIT D-3 PREVAILING WAGE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www olyoffederahlay.com State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1/31/2019 County Trade Job Classification W#&e Holiday Overtime Note King Building Service Employees Janitor $24.63 5S 2F King BuildingService Employees Traveling Waxer/Shampooer $25.08 5S 2F King Building Service Employees Window Cleaner (Non -Scaffold) $28.13 5S 2F Building Service Employees Window Cleaner (Scaffold) $29.03 55 �LF King 53 AMENDMENT - 5 - 3/2017 This Page Left Blank Intentionally 54 rvtr-. , , COUNCIL MEETING DATE: F�ywy 19`h, 2019ITEM #: 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: 32'/12/2019 CATEGORY: ® Consent ❑ . Ordinance ❑ Public Hearing n Citv Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks & Facilities Manager DEPT: Parks ...._.._._.._._..._ ....._.................._.............__.................__......................_...._......_............... 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: Initial/Date L' DIRECTOR APPROVAL: a0w ambt Initial/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 CLERKS 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 # 55 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: Remaining reserve balance after replacements and addition of one (1) utility cart: On-going financial implications Gasoline, Repair & maintenance supplies: $29,290.00 $353.09 $2,000.00/yr. 56 New Kubota gas powered utility vehicle, 4WD, 3 RTV500-H manual dump bed, HD tires and hydrostatic transmission. 9,681.00 18.50% 23 670.06 3 K7311- 99210 Front grill guard. 216.00 o 18.50 /0 528.12 3 K7311- Plastic canopy. 99390 i 216.00 1 18.50% 528.12 KAGL650-Rahn infield groomer, includes both HD and spring 1 500C ......� 1 scarifiers. $ 3 205 00 r ........................... ......... 0.00% 3,205-00 2 R'TV500-H Used RTV500 trades ins (2,000.00) 0.00% (2,00O.00) ASSEMBLY Ififtied 375.00 DELIVERY Z6,306.29 SUBTOTAL TAX RATE 2,630.63 SALES TAX S 2036.91 TOTAL 56 SUBJECT: HVAC SERVICE CONTRACT AWARD POLICY QUESTION: Should the City Council award the contract to MacDonald -Miller Facilities Solutions, Inc. for HVAC service work and authorize the Mayor to execute the agreement? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks Deputy Director DEPT: Parks ...... .............. _............................. ..... _..... _........ .._........ _............. _......... ............. _ Attachments: Staff Report and HVAC Service Agreement Options Considered: Option 1. Award the contract in the amount of $206,800 for HVAC service work to MacDonald -Miller Facilities Solutions, Inc. and authorize the Mayor to execute the agreement. Option 2. Do not award the contract and provide staff with direction. MAYOR'S RECOMMEND. TION: Option 1 MAYOR APPROVAL: Initial/Date v Initial/Date DIRECTOR APPROVAL: l ��(f Initial ate COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the HVAC Services Agreement, effective April, 2019 through December 31, 2021 with a total compensation of $206,800 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 # 57 CITY OF FEDERAL WAY MEMORANDUM DATE: February 27, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Steve Ikerd, Parks Deputy Director SUBJECT: HVAC Service Contract Financial Impacts: Use existing and future City Hall and FW Community Center budget appropriations to pay MacDonald -Miller Facilities Solutions, Inc. for HVAC service work. A three (3) year comprehensive service agreement for both sites will total $206,800 and will be funded out of the Repair & Maintenance accounts of City Hall and the Community Center. Comprehensive service includes routine maintenance and replacement of selected parts and the associated labor on specified mechanical equipment. Summary of the 3 year contract amounts covered in the City Hall and Community Center Operating budgets for the following years: City Hall 2019 - $37,766.66, yr.2020- $37,766.66, yr. 2021- $37,766.66 = $113,300 FWCC 2019 --- $31,166.66, yr.2020 - $31,166.66, yr. 2021-$31,166.66 = $93,500 3 yr. total $206,800 Background: Following a competitive advertised bid process, MacDonald -Miller Facilities Solutions, Inc. was the only HVAC service company that submitted a responsive, responsible bid. This service provides routine equipment inspections, service, repairs and scheduled filter changes. This vendor is highly qualified and has provided this same service to the City in the past. They have professional journey trained staff performing these services. This is a very good program for older equipment. Recommendation: Request City Council approves a contract with MacDonald -Miller Facilities Solutions for HVAC service work and authorizes the Mayor to execute the agreement? 58 Rev. 7/18 CITY OF CITY HALL 4% r' 33325 8th Avenue South FedeWay Faders! Way, WA 98003-6325 (253) 835-7000 www cityot(ederatway com MAINTENANCE AGREEMENT FOR HVAC SERVICE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MacDonald -Miller Facility Solutions, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: MACDONALD-MILLER FACILITY SOLUTIONS, INC.: Stephanie Gebhardt PO Box 47983 Seattle, WA 98146 (206) 767-7995 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd, Parks Deputy Director 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) Steve. ikerd(-,cityoffederalway. com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated -by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or 59 MAINTENANCE AGREEMENT - 1 - 3/2017 4% CITY OR A t FederO% al Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederahvaycorn delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Un. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 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 on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any takes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment- Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 60 MAINTENANCE AGREEMENT - 2 - 3/2017 CITY O; CITY HALL r ' Feder 8th Avenue South FedeWay Federal Way, WA 98003-6325 (253) 835-7000 www utyoff8derahvey.cam 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising outof bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as. 61 MAINTENANCE AGREEMENT - 3 - 3/2017 HALL CITY CITY ' Wa 33325 8th Avenue South Federal Way, WA 98003,:6325 Fede, ca(253) 835-7DOO www cityoifederatvvaycoin respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersects, post danger signs warning against known or unusual hazards MAINTENANCE AGREEMENT - 4 - 3/2017 CITY OF CITY HALL ra' 33325 8th Avenue South A% FedeWay Federal Way, WA 98403-6325 (253)835-7000 w►yw utyoff&derehvaycom and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 63 MAINTENANCE AGREEMENT - 5 - 3/2017 CITY O1 CITY HALL ��' 33325 8th Avenue South A% §61,Way Federal Way, WA98QQ3-6325 Fede(253) 835-7000 wwwcityoffederahioy.com 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor 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 ofthe other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle MAINTENANCE AGREEMENT - 6 - 3/2017 Cliff OF CITY HALL �' 33325 8th Avenue South AIr*Way Federal Way, WA 98003-6325 (253) 835-70 00 www clfyoffederaMoycorn any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart ofthis Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 65 MAINTENANCE AGREEMENT - 7 - 3/2017 CITY OF Federal w CIT( HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www eifyotrederahvaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney MACDONALD-MILLER FACILITIES SOLUTIONS, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF to me known to be the On this day personally appeared before me that executed the foregoing of instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 66 MAINTENANCE AGREEMENT - 8 - 3/2017 CITY OF CIT( HALL 410S �r+i �Gi' �G7 33325 8th Avenue South AII Federal Way, WA 98003-6325 (253) 835-7000 www ufyoSedaral'waycom EXHIBIT "A" SERVICES The Contractor shall do or provide the following: I. DEFINITIONS Owners; Park Recreation & Cultural Services- City and/or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Approved means approved by the owner. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. Specifications shall mean these specifications and all addenda thereto. II. SCOPE OF SERVICES A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. Contractor shall provide supervision and transportation to perform services work as specifically outline in the Scope of Services. B. Fieldwork shall be performed by or under the supervision of an experienced journeyman. Contractor and employees shall be trained and skilled to perform all related HVAC services in public settings. Laborers shall be licensed for all related functions. C. The Contractor must have a dedicated controls service division with a minimum of four Niagara AX, and N4 certified technicians. Must provide a list of three controls service contacts where you are currently providing controls service. Control Technicians must have experience with Siemens Talon, Honeywell Webs Tridium based front -ends and ability to service and program Siemens 4 -loop controllers, Siemens VAV brick LON based controls, Honeywell SPYDER controllers, and JCI UCM proprietary based zone controllers. D. The Contractor will ensure that employees comply with all applicable City of Federal Way, Washington State and Federal standards, regulations and practices with respect to work performed. E. The Contractor's personnel will conduct themselves on site in a professional manner at all times. F. Each employee will wear or display the company's name and/or logo. Vehicles working on City sites will have company name and phone number displayed. 67 MAINTENANCE AGREEMENT - 9 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www ctlyoffaderalmycom G. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or Written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. H. Equipment intensive work using such equipment as; pressure washers, blowers, lift trucks shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval). I. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and management of the site. K. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. L. The Contractor, at his or her expense, will remedy in a timely manner any damage to public or private structures or plant material due to Contractor negligence. M. Contractor will coordinate with the Parks and Facilities Dept. when any repair services are to be performed. III. SPECIFICATIONS A. City Hall — see attached specifications, equipment list and minimum standards. B. Federal Way Community Center — see attached specs. equipment list and minimum standards. IV RESPONSE TIME A. Emergency response time not to exceed 8 hrs. following a City request. B. Service call response will be within 24 hrs. following a City request. 68 MAINTENANCE AGREEMENT -10- 3/2017 City of Federal Way HVAC Specifications: CITY HALL Standard service: Preventive maintenance program and repairs. 1. Bi -Annual inspections, maintenance and testing to be performed spring and fall of each year for all listed equipment and VAV boxes. (see attached equipment list for each facility) 2. Filters replaced 1 time per year on all related VAV equipment and belts replaced as needed. 3. Filters replaced 4 times a year on all air handlers and belts replaced as needed. 4. Inspection check sheets to be used as minimum standards for each type equipment. (see attached typical check sheets) 5. All motors 5 hp or larger, to be meg ohmed annually. 6. All compressors to have oil samples taken annually and analyzed by qualified lab. Test results emailed to City of Federal Way, contract manager. 7. Contractor must have ability to self perform; programming of Staefa Smart II Controllers using a Staefa Smart II Tool for City Hall. 8. Contractor must have ability to self -perform, troubleshoot and repair existing equipment. Optional service: Comprehensive program to cover standard preventative maintenance items above, plus parts and labor for all items in the list of inclusions below: Inclusions: • Compressor • Refrigerant • Belts for the blower • Electrical switches and relays within the units • Motors and pump bearings • Blower shaft • Blower bearings • Blower • Fans • HVAC automation & control systems • Pumps • Repair of heat exchanger • Relays • Filters (all units including but not limited to; RTU, VAV, MAU, AHU, CU, etc.) • Cleaning of all covered equipment • Motors starters Exclusions for Comprehensive program: • Condensate pans • Air and water balance • Piping, hoses, valves and hangers • Ductwork and diffusers • Motor starter panels • Condenser/Evaporator coils • Replacement of heat exchanger • Metal casing around the unit • Lamp housing, casings and enclosures • Power and control wiring • Variable Frequency Drive 69 • Pre-existing conditions • Overtime Labor t0 LL L 00 Ln N M M M c s r M M Z Z Z z r M M M M N Z N r N N 00 Z r N N N N N T r N N X X X X X X v O ti X LCi X Q Q Q Q Q Z N N p N M N N Z N N N T 04 04 Z Z Z Z X X X X X X X X X X X 0 X coT - corN N O O N co (D N N N !r - - Q Q Q Q Q �jv Wi Y p N W M p N y Q L CO cc ma L (9 (6 Z Z Z Z Z n .� CL .� a 2 a A a a 3 n n 3 co �p 0p co Z N N w dp r O O Oj W Ol U r O r O N T O N � r p N p O O r T r r N N f. N r r N T y, M MOQ' M CpO1 N 00 00a0 NNQOp� ,.r N N LL 00 L0 t Z N ~O 00 p LL OT Z m MG 0 U U 7 Cl) N O r 00 Op N�r O O O Q Q O N 0 — J `_ CQ r LC)T Q ti Q 00 O Q T Q CO LO U O r O T r T p Np m N �? d' N U O m NO N 0 0 T U r U LL = M O 0 O 8 �' c W � U) Q Y Q 00 LU co _ . Q O ¢ 0 0 Q 0 Q LL LL N 0 Cl <' 2 2 U U f O N Z - Z CO 00 OT Z �"I /✓ "i N NO �' N r T r LO r N may' 0 Q Q FO F-"�0 w ?� z0 �W U j H F- � r 6=0 w � x O ww O �w =O --w w ww -w �a o - > > a a U) caw z -j � W Z W z0 � U U) m v Q a 0 Z J z�0 0 0 0 F-� F-- z° z0 z� WO �� CL O- CL CL w LU Z < z z 0� 0�= w2 wv z0 w z� U z0 �w Y LL O LL 0 ~ ~ F- Z �z 00 gz 00 z0 0� O� 0� ZO LLJ J W Q O 0 M _ = 0 U 0� Q Q Q UU UU U�C..) C-)�LLr= o: LLJ CD � � Z LL r U) U) 0) Q 07 Q Q ? Q Y W 0) C C W ~—� N cc (�6 N cc N z m g� � cc C` F- LU fn :3 C13 coo o o U o F I- J wQ U Q J W JFF- } _ L W }} J~ V O ¢ 2 J Co W Y _ F- F- W I- F- Iwi Q ILLI w H 0 O g 0 W J F- 0 0 W J 0 0 0 0 J U 0 U) z LU Z U _ Q U LL z F- of 0 0 Z W Cn Z W � J w J LL z LL. U �— LL LL g Q o U LL o U wp LL O " N z" O O O O O 0 O W a Q W 0 0 F-� (n F— � p D z F-00 Q U) 0 wp c7 n 0 �' 0 a W z0 N N�' wc~i� O n' � 0-0 r r r r N 0 J O N or Q Q r r r N M T T 0 N = M 0 T N CV 2 0 F- F- F- F- 0 Q Q Q U U U U U U Lu U • Q Routine Maintenance Tasks - V"'s throughout City Hall Site: City Hall 33325 8th Ave S. Federal Way, WA 98003 VAV 77 units throughout City Typical VAV 77 units throughout City Hall FALL [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINT [ ] CHECK SEQUENCE OF OPERATION [ ] CHECK DAMPER OPERATION [ ] INSPECT LINKAGE [ ] CHECK ELECTRIC HEAT OPERATION [ ] CHECK HEAT TEMPERATURE RISE [ ] CHECK OPERATION [ ] CHECK VOLTAGE [ ] CHECK AMP DRAW [ ] CHECK FOR ANY UNUSUAL VIBRATION OR NOISE SPRING [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINT ( ] CHECK SEQUENCE OF OPERATION [ ] CHECK DAMPER OPERATION [ ] INSPECT LINKAGE [ ] CHECK ELECTRIC HEAT OPERATION [ ] CHECK HEAT TEMPERATURE RISE [ )CHECK OPERATION [ ] CHECK VOLTAGE [ ] CHECK AMP DRAW [ ] CHECK FOR ANY UNUSUAL VIBRATION OR NOISE [ ] CHANGE FILTERS 71 Page 1 of 1 2/27/2019 Maintenance Tasks - CARRIER AIR HANDLERS site: City Hall 33325 8th Ave. S. Y Federal Way, WA 98003 [ ] INSPECT CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDITION OF COIL [ ] CHECK PULLEY WAR [ ] LUBRICATE BLOWER MOTOR (PER MFG SPECS) [ ] LUBRICATE BLOWER BEARINGS (PER MFG SPECS) FRESH AIR CYCLE (IF EQUIPPED) [ ] CHECK OPERATING CONTROLS ] CHECK DAMPER OPERATION ELECTRIC HAT: (F REQUIRED) [ ] CHECK AMP DRAW [ ] CHECK CONTACTOR POINTS TEMPERATURE GASH AT (IFREQUIREDRISE [ ] CHECK TEMPERATURE RISE [ ] CHECK SEQUENCER OPERATION [ ] CHECK FAN SWITCH [ ] VISUAL CHECK OF HAT EXCHANGER AND VISUAL CHECK OF FLUE [ ] CHECK PILOT SETTING [ ] CHECK MAIN LINE GAS PRESSURE ( ] CHECK MANIFOLD GAS PRESSURE [ ] CLEAN COMBUSTION BLOWER WHEEL [ ] OIL COMBUSTION BLOWER MOTOR [ ] CLAN AND ADJUST IGNITOR [ ] CHECK VOLTAGE [ ] CHECK AMP DRAW [ ] CHANGE FILTERS AHU 1 & 2 CARRIER AIR HANDLERS POLICE DEPT SPRING ]CHECK�INSPECT CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDITION OF COIL [ ] LUBRICATE BLOWER BEARINGS [ ] CHECK BLOWER WHEEL FOR DIRT [ ] CHECK AMP DRAW [ ] CHECK VOLTAGE [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINTS [ ] MEG OHM MOTOR (5 HP OR LARGER) FRESH AIR CYCLE (IF EQUIPPED) [ ] CHECK FRESH AIR SCREENS [ ] LUBRICATE IF REQUIRED [ ] CHECK OPERATING CONTROLS [ ] CHECK DAMPER OPERATION [ ] CHECK MINIMUM POSITION [ ] CHECK RELIEF (IF EQUIPPED) [ ] CHANGE FILTERS 72 Page 1 of 1 2/27/2019 Routine Maintenance Tasks - DATA AIR DRY COOLERS ON ROOF Site: City Hall 33325 8th Ave S. Federal Way, WA 98003 wa�r,�f,�,��i",!u�,1.�"��.%�,%✓'J/.r`�„'r"�^�ir.�''�ii.c..... .. ,,,. ..,,f,. .: s "r/�„f r..... ,'c%. DC 1 � 2 DATA AIR DRY COOLERS ON ROOF FALL [ ]CHECK BELT [ ] CHECK PULLEY FOR WEAR [ j CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDENSER COIL CONDITION [ ] CHECK SUPPLY VOLTAGE [ ] CHECK FAN AMPS [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] CHECK OPERATION [ ] CHECK FAN OPERATION [ ] CHECK HEAD PRESSURE CONTROL DC 1 & 2 DATA AIR DRY COOLERS ON ROOF SPRING [ ] CHECK BELT [ ] CHECK PULLEY FOR WEAR [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDENSER COIL CONDITION [ ] CHECK SUPPLY VOLTAGE [ ] CHECK FAN AMPS [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] CHECK OPERATION [ ] CHECK FAN OPERATION [ ] CHECK HEAD PRESSURE CONTROL [ ] CHECK CONDENSER FAN BLADE AND SUPPORTS [ ] LUBRICATE BLOWER [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINTS ( ] CHECK CONTACTOR POINT VOLTAGE DROP [ ] MEG OHM MOTORS (5 HP OR LARGER) 73 Page 1 of 1 2/27/2019 Maintenance Tasks - RTU units Site: City Hail 33325 8th Ave S., Federal Way, WA 98003 RTU17283 QE ROOFTOP FATS ON ROOF FALL [ ] CHECK BELTS [ ]CHECK CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION/NOISE [ ] CHECK INDOORIOUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE , [ ] SUPPLY MOTOR AMPS #1_,_,_;C2_,_,_ #3 #� [ ] RETURN MOTOR AMPS #1 [ ] CHECK INDOOR COIL TEMP.DROP DEG. F [ )CHECK COMPRESSOR DISCH.TEMP #1_#2_#3_#4_ [ ] CHECK ECONOMIZER OPERATION [ J CHECK RELIEF DAMPERS [ ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ J CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHAIN#CAL COOLING SEQUENCE OPERATION [ j CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ ] CHECK ECONOMIZER CONTROL CALIBRATION [ ] CHECK PULLEY WEAR (] CHECK MINNROM AIR SETTINGS (ECONOMAZER) [ ] CHECK ECONOMIZER DAMPERS AND LINKAGE FOR BINDING AND LUBE [ ] LUBRICATE INLET VANE PIVOT POINTS [ ] LUBRICATE PIVOT POINTS [ ] CHECK FRESH AIR SCREENS AND CLEAN AS NEEDED ELECTRIC HEAT: (IF EQUIPPED) ( ) CHECK AMP DRAW_,_,_ [ ] CHECK SEQUENCER OPERATION [ ] CHECK TEMPERATURE RISE DEG.F GAS HEAT: (IF EQUIPPED) [ ] CHECK TEMPERATURE RISE DEG. F [ ] CHECK SEQUENCER OPERATION [ ] CHECK FAN SWITCH [ J VISUAL INSPECTION OF HEAT EXCHANGERS AND VISUAL CHECK OF FLUE [ ] CHECK PILOT SETTING "AC [ ] CHECK MAIN LINE GAS PRESSURE "WC [ ] CHECK MANIFOLD GAS PRESSURE "WC [ ] CLEAN COMBUSTION BLOWER WHEEL [ 104L COMBUSTION BLOWER MOTOR [ ] CLEAN AND ADJUST IGNITOR EVAPORATIVE CONDENSER [ ] CHECK SUMP CONDITION [ ] CHECK SPRAY PUMA' OPERATION [ ] DRAIN AND SECURE PUMP IF REQUIRED [ ] CHECK AUTO FILL VALVE OPERATION [ ] CHECK SUMP HEATER [ J CHANGE FILTERS RTU 1, 283 LARGE ROOFTOP UNITS ON ROOF SPRING CHECK BELTS CHECK CONDENSATE PAN, PUMP, AND TRAP [ J ADD PAN TABS [ J CHECK UNUSUAL VIBRATION/NOISE [ ] CHECK INDOORIOUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE_,_,_ (j SUPPLY MOTOR AMPS #3 #4 [ ] RETURN MOTOR AMPS [ ] CHECK ECONOMIZER OPERATION [ ] CHECK RELIEF DAMPERS [ ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER (] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHANICAL COOLING SEQUENCE OPERATION [ ] CHECK INDOOR COIL TEMP. DROP DEG.F ( ] CHECK OPERATING PRESSURES #1 DISCH_SUC_#2 DISCH_SUC_ #3 DISCH_SUC_#4 DISCH_SUC_ [ ] CK COMPRESSOR DISCHARGE TEMP #1---- CK 1_CK COMPRESSOR SUCTION TEMP #1_#2_#3_#4_ [ J CHECK SUB COOLING [ ] CHECK OPERATING CONTROLS PRESSURE SETTING [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ ] LUBE BLOWER MOTOR [ ] LUBE DAMPER PIVOT POINTS [ ] LUBE INLET VANE PIVOT POINTS [ ] CHECK EXPANSION VALVE SUPERHEAT AND BULB [ ] CHECK CAPACITY CONTROLS [ ] CHECK SAFETIES [ ] MEGIOHM MOTORS 5.0 HP OR LARGER COMP SIA BLOWER R/A BLOWER [ ] CHECK CONTACTOR POINTS [ ] CHECK BLOWER WHEEL FOR DIRT [ ] CHECK OUTDOOR FAN BLADES/SUPPORTS [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK FRESH AIR INTAKE SCREENS (] CHECK CONDENSER FAN BLADE CONDITION [ ] CHECK CONDENSER FAN SEQUENCE AND OPERATION [ ] CHECK VFD,INLET/DISCHARGE VANE OPERATION [ ] CHECK HOT GAS BYPASS OPERATION EVAPORATIVE CONDENSER [ ] FILL SUMP IF REQUIRED [ ] CHECK SUP CONDITION [ ] CHECK SPRAY PUMP OPERATION [ j CHECK AUTO FILL VALVE OPERATION []CHECK SUMP HEATER (] CHANGE FILTERS 74 2/27/2019 Page 1 of 1 Maintenance Tasks - DATA AIRE COMPUTER ROOM Site: City Hall, 33325 8th Ave S. Federal Way, WA 98003 CRAC 1 i 2 DATA AIRE COMPUTER ROOM AC'S FALL [ ] CHECK PULLEY WEAR [ ] CHECK BELTS [ ] CHECK PULLEY ALIGNMENT [ ] CHECK CONDENSATE PAN,PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION / NOISE [ ] CHECK INDOOR / OUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE [ ] CHECK MOTOR AMPS ( ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHANICAL COOLING SEQUENCE OPERATION [ ] CHECK COMPRESSOR INDOOR COIL TEMPERATURE DROP DEG.F. [ ] CHECK COMPRESSOR DISCHARGE TEMPERATURE #1 #2 #3 [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] CHECK WATER ECONOMIZER (IF EQUIP) [ ] CHECK ELECTRIC HEAT [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ ] CHECK CALIBRATION OF TEMPERATURE CONTROLS [ ] CHECK CALIBRATION OF ALARMS [ ] CHECK ALARM AND SYSTEM CONTROL SET POINTS [ ] CHECK ALARM LIGHT [ ] CHECK CONTROL SEQUENCE - ALARMS [ ] CHECK HUMIDIFIER PAN AND OPERATION CHECK INFRARED BULBS [ ] CHECK AUTO FLUSH [ ] CHECK DEHUMIDIFIER OPERATION [ ] CHECK FREEZE PROTECTION DEG. F. [ ] CHECK NITRITE LEVEL PPM [ ] ALTERNATE LEAD / LAG [ ] CHANGE FILTERS CRAC 1 S 2 DATA AIRE COMPUTER ROOM AC'S SPRING (] CHECK BELTS [ ] CHECK PULLEY ALIGNMENT [ ] CHECK CONDENSATE PAN, PUMP, AND TRAP ( ] ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION / NOISE [ ] CHECK INDOOR / OUTDOOR COIL CONDITION ( ] CHECK SUPPLY VOLTAGE , [ ] CHECK MOTOR AMPS [ ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ j CHECK MECHANICAL COOLING SEQUENCE OPERATION [ ] CHECK COMPRESSOR INDOOR COIL TEMPERATURE DROP DEG.F [ ] CHECK COMPRESSOR DISCHARGE TEMPERATURE #1 #2 #3 [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] CHECK WATER ECONOMIZER (IF EQUIP) [ ] CHECK CONTACTOR POINTS ( ] CHECK CONTACTOR POINT VOLTAGE DROP [ ] CHECK ELECTRICAL CONNECTIONS [ I CHECK HOT GAS HEATING CYCLE (IF EQUIP) [ ] CHECK ELECTRIC HEAT [ICHECK INFRARED BULBS ( ] CHECK HUMIDIFIER OPERATION [ ] CK OPERATING PRESS: DISCH #1-#2-#3 SUCTION #1 #2 #3 [ ] CHECK SUB COOLING #1 #2 #3 [ ] MEG OHM COMPRESSORS #1 #2 #3 SUPPLY MOTOR #1 #2 #3 [ ] LUBE MOTOR BEARINGS [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ ] CHECK AUTO FLUSH [ ] CHECK COMPRESSOR SUPER HEAT #1 #2 #3 [ ] CHECK SUB COOLING [ ] CHECK LEAD / LAG [ ] CHECK CONTROL SEQUENCE - ALARMS [ ] CHECK ALARM LIGHTS [ ] CHECK ALARM AND SYSTEM CONTROL SET POINTS [ ] CHECK NITRITE LEVELS PPM [ ] CLEAN HUMIDIFIER PAN [ ] CHANGE FILTERS 75 9/97/?019 City of Federal Way HVAC Specifications: FW COMMUNITY CENTER Standard service: Preventive maintenance program and repairs. 1. Bi -Annual inspections, maintenance and testing to be performed spring and fall of each year for all listed equipment. (see attached equipment list for each facility) 2. Filters replaced 4 times per year on all related equipment and belts replaced as needed. 3. Inspection check sheets to be used as minimum standards for each type equipment. (see attached typical check sheets) 4. All motors 5 hp or larger, to be meg ohmed annually. 5. All compressors to have oil samples taken annually and analyzed by qualified lab. Test results emailed to City of Federal Way, contractmanager. of Tridium Jace w/ JCI Field 6. Contractor must have ability to self -perform; programming Controllers. 7. Contractor must have ability to self -perform, troubleshoot and repair existing equipment. Optional service: Comprehensive program to cover standard preventative maintenance items above, plus parts and labor for all items in the list of inclusions below: Inclusions: • Compressor • Refrigerant • Belts for the blower • Electrical switches and relays within the units • Motors and pump bearings • Blower shaft • Blower bearings • Blower • Fans • HVAC automation & control systems • Pumps • Repair of heat exchanger • Relays • Filters (all units including but not limited to; RTU, MAU, AHU, CU, etc • Cleaning of all covered equipment • Motors starters Exclusions for Comprehensive program: • Condensate pans • Air and water balance • Piping, hoses, valves and hangers • Ductwork and diffusers • Motor starter panels • Condenser/Evaporator coils • Replacement of heat exchanger • Metal casing around the unit • Lamp housing, casings and enclosures • Power and control wiring • Variable Frequency Drive • Pre-existing conditions 76 • Overtime Labor Ip I N C C c p m ao p 3 O N N if F- r- � i NLL � cfl o L s LC l% N, N 00 L ++ r, U .� Z W �N a" w� g o >- > Ww Z<n Lu O J CO OU J y C zcn uja. cLO U w a w z LL 2 2 co fA d (n cn LED d N. > a0 p 0 v Y. W O O o Lu W o� r r m ik (j p 77 (0 CO (0 - N q� ( M N ns O 0 XXXX4XXNNX X XX X LO to U 04 04 OO OCNX X N N (nX CN C(d X x O N XN X OO N N O O N NN O CD NNON C/) U) U) C/5 U) (n U) U) t Cl) v U) v N p Gi �i m a� .. w � = 3 cc m Gi m m m ? mm ? 2 m 4) a� v m ami a a a C a as as a a as M M M M M O C\ Cl) i 0 c\ca Cl) � to O O N cc C 04 N N 04 N C14 C1404 04 .- N n U') �p O04M M O O O O O 0 O NO n 0 03 > M�p M n 9 C) C) U U �p O U �p O o O O O co (0 N N O U U U (D (0 L) U U, U- LL ¢ ¢ Q o m o 00p0 N U 00 U O W 00 U g m m LO m w o_ 4Cf) O v�N� U U N n m p O N 0 -) Z 0 n Z 0 '� Z 0 2 Q 2 m S 8 2 8 O O O 2 U U v v v g o c0 a- N r _ 2 Ir p 2 0 2 0 2 0 p 0 S 2 S W X �j U u. W LL W LL W >- >-U) � o O 0} 03 fD O O LL? C14N O O o n Lr) c z 2 Z Z M z to _Z LU H F- z F- o 0 LLJ 0 �~ ED 3 `m z LU O = o > o > 0 j 0 Cw7 0 Q w o m tnU Q z z CQQ7�j LU 0 LUUQ Q¢U ¢ Q -j a EU = co p z Y 00 00 a Z 00 a Z U)Q C9 H Q z a C7 F- LL CL LU ¢ ¢ a Z (�' C7 Y F- F- (D LLJ Z ? O O Z �Z �Z �Z ZQ Z Z Z F Z Z F- F F- F- F- F- _ a a ° a a a °S a ow a Oma- a �, O a o a o o- 0 a g 03 ` 8 0 LL 0 LL 0 U- LL OE f- LL OE �0LLW OE O' U„ O L a LL (AE U -L O $ 0 O O O O 8Z O>.O O$O mco 0 n aw aw �� aw w(D act �0 as �aQ wawa r N M d U? 00 O ` U) J O N i i ' ' D cr- 1 , ' Q Q � U U 77 Site: FW CornmunitY Center 876 South 333rd Street Type Description Season Task RTU ROOFTOP UNIT FALL CHECK BELTS AND PULLYS CHECK CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK INDOOR/OUTDOOR COIL CONDITION LUBE BLOWER BEARINGS (IF REQUIRED) CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK ECONOMIZER DAMPERS AND LINKAGE FOR BINDING AND LUBE LUBRICATE INLET VANE PIVOT POINTS CHECK RELIEF DAMPERS CHECK FRESH AIR SCREENS CHECK SUPPLY VOLTAGE CHECK CONTROL SET POINTS CHECK SUPPLY MOTOR AMPS CHECK RETURN MOTOR AMPS CHECK ECONOMIZER OPERATION CHECK MINIMUM AIR SETTINGS (ECONOMIZER) CHECK MECHANICAL COOLING SEQUENCE OPERATION CHECK COMPRESSOR DISCH TEMPERATURES CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS - ELECTRIC HEAT: (IF EQUIPPED) -- CHECK SEQUENCE OF OPERATION --GAS HEAT: (IF EQUIPPED) -- VISUAL INSPECTION OF HEAT EXCHANGERS OF FLUE OIL COMBUSTION BLOWER MOTOR CLEAN AND ADJUST IGNITOR CHECK SEQUENCE OF OPERATION CHECK PILOT SETTING CHECK MAIN LINE GAS PRESSURE CHECK FAN SWITCH -- EVAPORATIVE CONDENSER - CHECK SUMP CONDITION CHECK SPRAY PUMP OPERATION DRAIN AND SECURE PUMP IF REQUIRED CHECK AUTO FILL VALVE OPERATION CHECK SUMP HEATER CHECK INDOOR COIL TEMPDROP _ DEG F IF E. HEAT CHECK AMP DRAW Ll _ L2 _ L3 _ IF E. HEAT CHECK TEMPERATURE RISE _ DEG F IF G. HEAT CHECK TEMPERATURE RISE _ DEG F IF G. HEAT CHECK MANIFOLD GAS PRESSURE - in -WC SPRING CHECK BELTS AND PULLYS CHECK CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK UNUSUAL VIBRATION/NOISE CHECK INDOOR/OUTDOOR COIL CONDITION CHECK SUPPLY VOLTAGE CHECK SUPPLY MOTOR AMPS CHECK RETURN MOTOR AMPS CHECK ECONOMIZER OPERATION CHECK RELIEF DAMPERS CHECK CONTROL SET POINTS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK MECHANICAL COOLING SEQUENCE OPERATION CHECK OPERATING REFRIGERANT PRESSURES CHECK COMPRESSOR DISCHARGE TEMPERATURES CHECK COMPRESSOR SUPERHEAT_ CHECK SUB COOLING CHECK OPERATING CONTROLS PRESSURE SETTING CHECK FOR REFRIGERANT LEAKS (VISUAL) LUBE BLOWER BEARINGS (IF REQUIRED) LUBE BLOWER MOTOR LUBEDAMPER PIVOT POINTS LUBE INLET VANE PIVOT POINTS CHECK EXPANSION VALVE SUPERHEAT AND BULB CHECK CAPACITY CONTROLS CHECK SAFETIES MEG/OHM MOTORS 10 HP OR LARGER COMP CHECK CONTACTOR POINTS CHECK BLOWER WHEEL FOR DIRT CHECK OUTDOOR FAN BLADES/SUPPORTS CHECK ELECTRICAL CONNECTIONS CHECK FRESH AIR INTAKE SCREENS CHECK CONDENSER FAN BLADE CONDITION CHECK CONDENSER FAN SEQUENCE AND OPERATION CHECK VFD,INLET/DISCHARGE VANE OPERATION CHECK HOT GAS BYPASS OPERATION - EVAPORATIVE CONDENSER - FILL SUMP IF REQUIRED CHECK SUMP CONDITION CHECK SPRAY PUMP OPERATION CHECK AUTO FILL VALVE OPERATION CHECK SUMP HEATER CHECK INDOOR COIL TEMP DROP _ DEG F 78 Site: FW Community Center 876 South 333rd Street Type Description Season AHU AIR HANDLER FALL SPRING Task CHECK BELTS AND PULLEYS INSPECT CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK CONDITION OF COIL LUBRICATE BLOWER BEARINGS(PER MFG SPECS) CHECK BLOWER WHEEL FOR DIRT CHECK VOLTAGE CHECK AMP DRAW -- FRESH AIR CYCLE (IF EQUIPPED) -- CHECK FRESH AIR SCREENS LUBRICATE IF REQUIRED CHECK MINIMUM POSITION CHECK OPERATING CONTROLS CHECK DAMPER OPERATION -- ELECTRIC HEAT: (IF REQUIRED) - CHECK HEATING SEQUENCE OPERATION CHECK CONTACTOR POINTS CHECK AMP DRAW CHECK TEMPERATURE RISE -- GAS HEAT: (IF REQUIRED) -- CHECK HEATING SEQUENCE OPERATION VISUAL INSPECTION OF HEAT EXCHANGERS AND FLUE CHECK COMBUSTION BLOWER OPERATION (CLEAN WHEEL IF NEEDED) CHECK COMBUSTION BLOWER OPERATION (IF EQUIPED) CHECK IGNITOR (CLEAN AND ADJUST IF NEEDED) CHECK MAIN LINE GAS PRESSURE (IF ACCESSIBLE) CHECK MANIFOLD GAS PRESSURE (ADJUST IF NEEDED) CHECK TEMPERATURE RISE CHECK BELTS AND PULLEYS INSPECT CONDENSATE PAN, PUMP AND TRAP ADD PAN TABS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK CONDITION OF COIL LUBRICATE BLOWER BEARINGS CHECK BLOWER WHEEL FOR DIRT CHECK VOLTAGE CHECK AMP DRAW CHECK ELECTRICAL CONNECTIONS CHECK CONTACTOR POINTS MEG OHM MOTOR (10 HP OR LARGER) -- FRESH AIR CYCLE (IF EQUIPPED) -- CHECK FRESH AIR SCREENS LUBRICATE IF REQUIRED CHECK MINIMUM POSITION CHECK OPERATING CONTROLS CHECK DAMPER OPERATION 79 Site: FW Community Center 876 South 333rd Street Type Description Season Task MUA MAKE UP AIR UNIT FALL CHECK BLOWER BELTS AND PULLYS LUBRICATE BLOWER MOTOR (PER MFG SPECS) LUBRICATE BLOWER BEARINGS (PER MFG SPECS) MEG OHM MOTOR (10HP OR LARGER) CHECK ELECTRICAL CONNECTIONS CHECK CONTACTOR POINTS CHECK COMBUSTION BLOWER WHEEL, CLEAN IF REQUIRED CLEAN BURNER ORIFICES INSPECT IGNITOR AND CHECK GAP CHECK TEMPERATURE CONTROL CHECK OPERATIONAL SEQUENCE CHECK AIR PROVING SWITCH CHECK DAMPER ACTUATOR INTERLOCKS CHECK MAIN LINE GAS PRESSURE CHECK PILOT GAS VALVE CHECK MODULATING GAS VALVE CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK GAS MANIFOLD PRESSURE _ in.WC CHECK TEMPERATURE RISE _ DEG F CHECK VOLTAGE L1 _ L2 _ L3 _ SPRING CHECK BLOWER BELTS AND PULLYS CHECK OPERATIONAL SEQUENCE CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK VOLTAGE Ll _ L2 _ 13 _ CHECK AMP DRAW Ll _ L2 _ L3 _ 80 Site: FW Community Center 876 South 333rd Street Type Description Season Task CONDENSOR UNIT CU (W/COMPRESSOR) FALL CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK SUPPLY VOLTAGE SPRING CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATION CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION LUBRICATE MOTOR BEARINGS (PER MFG SPECS) INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK DISCHARGE TEMPERATURE_ CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATIONS CHECK FOR REFIGERANT LEAKS(VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION LUBRICATE MOTOR BEARINGS (PER MFG SUGG) INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATION CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION CHECK CAPACITY CONTROL CHECK SAFETIES LUBRICATE MOTOR BEARINGS (PER MFG SPECS) MEG OHM MOTOR (10 HP OR LARGER) CHECK CONTROL POINTS INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS INSPECT CONTACTOR POINTS CHECK CONTACTOR POINT VOLTAGE DROP OIL TEST SEMI -HERMETICS CHECK DISCHARGE PRESSURE _ CHECK SUCTION PRESSURE _ CHECK SUB COOLING _ CHECK DISCHARGE TEMPERATURE _ CHECK COMPRESSOR SUCTION TEMPERATURE _ 81 CITY OF CITY HALL ' ...... 33325 8th y, WA South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www utyoffederatwaycam EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed One Hundred Eighty- Eight Thousand and NO/100 Dollars ($188,000.00) and Washington State sales tax equal to Eighteen Thousand Eight Hundred and NO/100 Dollars ($18,800.00) for a total of Two Hundred Six Thousand Eight Hundred and NO/100 Dollars ($206,800.00). 2. Method of Compensation: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Extra repair hourly rate up to 8 hrs: $142 per hour • Extra repair hourly over 8 hrs: $213.00 per hour • Overtime Saturday rate: $213.00 per hour • Overtime Sunday rate: $284.00 per hour • Materials parts at wholesale plus 50% City Hall Comprehensive service rate at $31,000 + 3,100 tax = $34,100 yr. FWCC Comprehensive service rate at $25,000 + 2,500 tax = $27,500 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. 82 MAINTENANCE AGREEMENT - 11 - 3/2017 COUNCIL MEETING DATE: March 19, 2019 .ITEM #: ................................................................................_........................................................................................................................................................ .................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TREE SERVICE CONTRACT AWARD POLICY QUESTION: Should the City Council award the contract to Thundering Oak Tree Care for tree service work and authorize the Mayor to execute the agreement? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks Deputy Director T.. : Pa....rk..s ..............................................................................................................................DEP..................................................................._............................................................................. Attachments: Staff Report and Tree Service Agreement Options Considered: Option 1. Award the contract in the amount of $60,500.00 for tree service work to Thundering Oak Tree Care and authorize the Mayor to execute the agreement. Option 2. Do not award the contract and provide staff with direction. MAYOR'S RECOMMENDAATION: Option 1 MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: .Z W/*r Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Tree Services Agreement, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # M Date: To: Via: From: CITY OF ti Federal Way Parks Department February 21, 2019 PRHSPS Council Committee Mayor Jim Ferrell John Hutton, Parks Director Stephen Ikerd, Deputy Parks Director Subject: Tree Service Contract Financial Impacts: Use existing Parks budget appropriations to contract with Thundering Oak Tree Care for needed tree service work. A 3 year agreement will total $60,500 and will be funded out of the Urban Forestry account. Background: Following a competitive advertised bid process, Thundering Oak Tree Care was the only tree service company that submitted a responsive, responsible bid. This service provides tree assessments, hazardous tree work and mitigation and storm cleanup. This vendor is local, highly qualified and has provided this same service to the City in the past. They have professional certified arborist performing this service. Recommendation: Request City Council approves a contract to Thundering Oak Tree Care for tree service work and authorizes the Mayor to execute the agreement? M ` CITY OF CITY HALL �.��..., Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com MAINTENANCE AGREEMENT FOR TREE SERVICE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Thundering Oak Enterprises, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: THUNDERING OAK ENTERPRISES, INC: Bryce Landrud P.O. Box 1847 Auburn, WA 98071 253-288-8733 (telephone) Bryce (a-),thunderingoak. com The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) (253)835-6909 (facsimile) Steve.ikerda�cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than March 31, 2022 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not religS Contractor of responsibility for performance of the Work in MAINTENANCE AGREEMENT - 1 - 3/2017 CITY OF ,L Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 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 on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," 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. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (3 0) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. W MAINTENANCE AGREEMENT - 2 - 3/2017 CITY OF CITY HALL Fede ra I Wa Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww cityoffederalway com 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance 12ool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 8-7 MAINTENANCE AGREEMENT - 3 - 3/2017 CITY OF Federal Way C TY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm cityoffederalway cam 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8, WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such documents, d avAt ailable expiration termination of this Agreement, all originals nd copies of any such work product remaining in the possession o Contractorhall be delivered to the City. 9, BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary laws for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and A Ether property that is likely to become displaced or damaged by MAINTENANCE AGREEMENT - 4 - 3/2017 CITY OF CITY HALL �►a ra I Way33325 8th Avenue South Fed Federal Way. WA 98003-6325 (253) 835-7000 www dtyoffederahvay corn the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there8siall be no discrimination by Contractor or its subcontractors of MAINTENANCE AGREEMENT - 5 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay coni any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Inter?retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction 66 the King County Superior Court, King County, Washington, MAINTENANCE AGREEMENT - 6 - 3/2017 CITY OF CITY HALL Federal Way 33325 8m Avenue South Federal Way. WA 980038003 -6325 (253) 835-7000 www atyoffederahvay com unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 91 MAINTENANCE AGREEMENT - 7 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wwwatyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: THUNDERING OAK ENTERPRISES, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney COUNTY OF to me known to be the On this day personally appeared before me that executed the foregoing of instrument, and acknowledged the said instrument ath tat d that he/she was authorized t execute saide the free and voluntary act and deed of said �nstrument ration, for the uses and purposes therein mentioned, and on o and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this . day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires MAINTENANCE AGREEMENT - 8 - 3/201.7 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www, cityoffederahvay coni EXHIBIT "A" 1. The Contractor shall do or provide the following: I. DEFINITIONS Owners; Park Recreation & Cultural Services; City and/or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Approved means approved by the owner. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. Specifications shall mean these specifications and all addenda thereto. Tree service means the work and provisions described by the Service Contract and all addenda thereto. Native trees shall mean those trees which are indigenous or natural to the site. Ornamental trees shall mean those trees which are not indigenous or natural to the site, and are located as part of the designed landscape. II. SCOPE OF SERVICES A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. Contractor shall provide supervision and transportation to perform tree services work as specifically outline in the Scope of Services. B. All fieldwork shall be performed under the supervision of a qualified ISA certified arborist. Laborers shall be licensed for all related functions, including pesticide, fertilizer, and herbicide application, and flagging card when required. C. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way and ANSI Z-133 standards. D. The Contractor's personnel will conduct themselves on site in a professional manner at all times. E. Each employee will wear or display the company's name and/or logo. Vehicles working on City sites will have company name and phone number displayed. 93 MAINTENANCE AGREEMENT - 9 - 3/2017 CIT Alt Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 awww. dtyoffederahvay com F. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification maybe verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. G. Equipment intensive work using such equipment as; chain saws, chippers, lift trucks shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval). In the event of an emergency storm event, hour restrictions maybe waived by the Contract Administrator or appointed designee. H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and management of the site. J. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. The Contractor, at his or her expense, will remedy in a timely manner any damage to Public or Private Structures or plant material due to Contractor negligence. L. Contractor will coordinate with the Parks Dept. when any tree services are to be performed. M. Tree services shall include but not be limited to: complete takedowns, crown reduction, thinning, weight reduction, trimming, cabling, planting, fertilizing, pest control and root pruning. Any trimming shall use proper cutting methods to the closest lateral or bud. N. Contractor and employees shall be trained and skilled to perform all tree services in close proximity to structures and facilities on both private and public properties. O. Contractor to provide inspections and hazardous tree assessment reports by a qualified ISA Certified Arborist. P. Since each tree or setting is unique, the City reserves the right to ask for a quote on a tree service prior to authorizing the work to be performed. Q. The City reserves the right to ask for a quote on a tree service that may exceed $2000 prior to authorizing the work to be performed. z i I . RESPONSE TIME A. Emergency response time not to exceed 6-8 hrs. following a City request. 94 MAINTENANCE AGREEMENT -10- 3/2017 CITY HALL CITY OF 33325 8th Avenue South �Federal Federal Way, WA 98003-6325 Way (253) 835-7000 www ctyoffederalway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Fifty -Five Thousand and No/100 Dollars ($55,000.00) and Washington State sales tax equal to Five Thousand Five Hundred and No/100 Dollars ($5,500.00) for a total of Sixty Thousand Five Hundred and No/100 Dollars ($60,500.00). 2. Method of Compensation: A. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Tree feller: $125.00 per hour • Tree climbing work: $125.00 per hour • Grounds person work: $115.00 per hour • Bucket trucks, trucks and chippers rate: (no charge) • Stump grinding rate: $150.00 per hour. • Fee for a certified tree assessment report: $140.00 NOTE: ISA Certified Arborist will always be on site to perform work or supervise. 95 MAINTENANCE AGREEMENT - 11 - 3/2017 This Page Left Blank Intentionally COUNCIL MEETING DATE: LebF ary 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA RILL _ 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: Febrd&y 12, 2019 CATEGORY: % r�k ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ste _hen Ikerd, Deputyr DEPT: Parks - Director ......_..... .......... ........ ..... ..... ... _..... _... -—......_.._...-----...._...__. 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 RECOMMENDATION: Option 1 i MAYOR APPROVAL:(din& % ` 0 DIRECTOR APPROVAL: C mittc Council 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 # 97 This Page Left Blank Intentionally m4N-v COUNCILMEETING DATE: F'�,�2>= wry .._ . . . . . _ 19, 2019ITEM #_.. ......................_................_........._...................................__._.............................................._............__.... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Andy J. H Attachments: ❑ Ordinance ❑ Resolution Chief of Police Staff Report Interagency Agreement Internet Crimes Against Children Program MEETING DATE: lweb. 12, 2019 MCA -AA, ❑ Public Hearing ❑ Other DEPT: Police Options Considered: 1. Accept the recommendation to enter into a MOU with the Internet Crimes Against Children Task Force. 2. Reiect the recommendation to enter into a MOU with the Internet Crimes Aizainst Children Task Force. MAYOR'S RECOMMENDATION: 1 Accept renewing the MOU on Internet Crimes Against Children Task Force acting through Seattle PD. MAYOR APPROVAL: �� DIRECTOR APPROVAL: ..+ / �1 Committee C mcil I Initial ate Initial/Date Initial/Date 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 # 99 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 party 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. ccur The Federal Way Police Departmentaffiliate member of the ICAC Task Force does not require in our jurisdiction. Becoming an of re 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. 100 Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES -AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT ,011 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 7 101 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 7 102 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 7 103 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 7 104 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 105 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 6 of 7 106 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 7of7 107 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 im 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 17 109 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 17 110 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 17 111 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 betuveen 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; etcetera). 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 17 112 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 teenagers 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 17 113 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 17 114 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 17 115 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 1W1 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 17 117 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 17 118 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 17 119 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 17 120 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 17 121 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 17 122 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 17 123 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 17 124 COUNCIL MEETING DATE: WB 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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: Ftr$ 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Case Jones, Commander DEPT: PD ..................... .......................................................................................... .Y......................................................................................................................................................_..................._......._...................._.................. .......... _._..._......... ......_.............. _.................... _.._.... ___._.... _...... ................ ....... . .... ............. ....._........ 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 # 125 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. 126 Rev. 7/18 CITY OF CITY HALL .011-1 Way 33325 8th Avenue South • PO Box 9718 Federal Federal Way, WA 98063-9718 (253)835-7000 www d1Wffederaiway 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 er. com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 8h Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) I.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 of the cost of the 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 City 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 SERVICES AGREEMENT - 1 - CITY HALL OTY OF 33325 8th Avenue South • PO Box 9718 Federal Way (253) 8 5-7 WA 98063-9718 (253, 83�.�000 40A�� wwnv c "ffaderahvay com 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. INS CE. 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. g. 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 lnteryretation 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 inserted for convenience of reference only and shall not be deemed to modify or captions of the Sections of this Agreement are 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 Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 128 Q1U1DVTr'P(Z AI:RFFMFNT - 2 - MY OF CITY HALL 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063-971818 (253)835-7000 s4mwcl" ,d Mhvaycom 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] 129 CFR VTC;F,S AGREEMENT - 3 - GTY 4F CITY HALL Fe d e ra I Way 33325 8th A, WA 8063 -South • 18 Box 9718 Faders{ Way, WA 98053-9718 (253) 835-7000 www cityoffiaderahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: MGP XI COMMONS FW, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF kA yv� ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney ASHLEY KAPUR Notary Public State of Washington My Appointment Expires Jul 2z, 2020 1-1 this da p onally appeared before me oil* ,3 �4-wtf to me known to be the y� of N 6 P k (PwtmAws , Lim 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 P day of Zawaa- 2619 Notary's signature �- Notary's printed name (CAfL4 Notary Public in and for ihe State of Washington. My commission expires 130 SERVICES AGREEMENT - 4 - CITY OFCITY HALL ��►Federal33325 8th Avenue South • Box 9718 Federal Way, WA 98063-971818 � (253) 835-7000 www ahrorederaMW com 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. 131 SERVICES AGREEMENT - 5 - CITY Of CITY HALL Federal Way 33325 8th y, WA South • Box 9718 Federal Way, WA 98063-971818 (253)835-7044 mm at-yoffederalway Coil") 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. 132 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? M c. -Oh COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: Teb 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: , //.w 49 J �,'iEi �f DIRECTOR APPROVAL: A'�' Z % t �? ommittCou Cil Initial/ 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 # 133 CITY OF FEDERAL WAY MEMORAND14M 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. Background 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. 134 Rev. 7/18 QTY OF ti Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway 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] 135 AMENDMENT - 1 - 1/2019 CITY OF A Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway cam IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: IN Jim Ferrell, Mayor DATE PUBLIC SAFETY TESTING, INC.: Printed Name: Jon F. Walters Jr. Title: President Date STATE OF WASHINGTON ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , 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 AMENDMENT Notary's signature Notary's printed name 136 -2- 20 Notary Public in and for the State of Washington. My commission expires 1/2019 CIT 4W R%6 Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffederalway.com 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 this amendment. 137 AMENDMENT - 3 - 1/2019 This Page Left Blank Intentionally 138 COUNCIL MEETING DATE: E bru'ary 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: 0/12/2019 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 iA& Ii!" DIRECTOR APPROVAL: j�/L,/ /IN/l 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 # 139 2 51 �I Ir - 4 U U U U U U U U U Q; Q? Ql� a3 U vD d eo Qn d ad as Cd tiA►�aw� w w Q ti z CIOU � � � O ISI � Y Y O h� O rn N ::3 N O it a� a Q vi Lr7 C Q n � � o o cz t 0 0 0 N Q d to U ,� epi ri vi �4 1 ty 410= 1 oN o �, •-i r• Ir - 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. 141 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. 142 3 COUNCIL MEETING DATE: March 19, 2019ITEM #: ................................_._.................................................................................................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CDBG CITIZEN PARTICIPATION PLAN POLICY QUESTION: Should City Council approve the updated Community Development Block Grant (CDBG) Citizen Participation Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: CD STAFFREPORT BY: Jeff Watson, Community Services Manager............................._...._............._.........._..................._.............................._..............................._.........__.............._.........._......................... ........... ..........._................................................................. ......... .................................................................... .............................................. Attachments: Staff Report CDBG Citizen Participation Plan Options Considered: 1. Approve the Community Development Block Grant (CDBG) Citizen Participation Plan. 2. Do not approve the Community Development Block Grant (CDBG) Citizen Participation Plan and give staff direction. MAYOR'S RECOMMEND B,TION: Option I. MAYOR APPROVAL: �- T DIRECTOR APPROVAL: Co ittee Cou it Initial/Date [nit al/Date InitialiDate COMMITTEE RECOMMENDATION: I move to forward the CDBG Citizen Participation Plan to the March 19, 2019 agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the CDBG Citizen Participation 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 # 143 CITY OF FEDERAL WAY MEMORANDUM DATE: February 27, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeff Watson. Community Services Manager SUBJECT: CDBG Citizen Participation Plan Background Information: The Community Development Block Grant (CDBG) Citizen Participation Plan (CPP) sets forth the policies and procedures for citizen participation regarding use of CDBG program funding. It also sets forth the minimum, regulatory requirements for citizen participation in relation to the City's CDBG program including the Consolidated Plan (Con Plan), fair housing planning and reporting, Annual Action Plans (AAP), and reports. It also outlines procedures for approval of these planning and reporting documents. The City of Federal Way's CPP was created and approved in 2012 when the City became an entitlement city. This is the first update to the CPP. The changes include an overall expansion, reordering, and reformatting of the document. Language has been added about and encouraging public participation, especially regarding fair housing planning. The revisions include the addition of relocation requirements. In general, the revisions provide more definitions and descriptions including the addition of a section with definitions and acronyms. The update also includes items such as specifying the timing for public notice as well as application, review, and public comment periods. The update was essential to be consistent with the U.S. Department of Housing and Urban Development (HUD) regulations pertaining to Fair Housing and Relocation and clarified publication/public notices and public comment periods. It also added flexibility and clarity for specific types of changes to the Con Plan and AAPS. 144 Rev. 7/18 City of Federal Way Citizen Participatio Corr for the COMMUNITY PLANNING DEVELOPMENT 40k CITY OF 40'::tSp Federal Way 145 Ian BG)TOgram P�OENT pFy o� P �I I OGS o � e 9eq N D E j Citizen Participation Plan Table of Contents I. Introduction...................................................................................................... II. Purpose................................................................................................. ......... III. Structure for the Administration of CDBG Funds ............................. .......... IV. Participation........................................................... .......... V. Plans and Reports ............................................... ............... ........................ VI. Modifications to the Consolidated, Act' n Plans, an Citiz n ParticipationPlan .......................................... ....................... ...................... VII. Public Participation on the Fair Hous g na is of edi nts (AI) or Assessment of Fair Housin (AFH) nd f ely rthering FairHousing ................................................................ VIII. Public Comment th nnu 1 P rforma e port (CAPER) ..................... IX. Anti-Displac tan eloc ion icy .................................................... X. Ava' il' o ds t Me Obi tives of the Consolidated Plan .............. XI. Pre- lie ions and ec ical Assistance to Applicants for Funds .............. XII. Additiona nfo io nd Access to Records .............................................. XIII. Complaints .................................................................................................... XIV. Definitions and Acronyms.............................................................................. XV. Federal Way Program Managers.................................................................... City of Federal Way Citizen Participation Plan 146 ..........Page 1 ...........Page 1 ...........Page 1 ...........Page 2 ..........Page 3 ....... Page 4 ..........Page 6 ...........Page 7 ...........Page 8 ...........Page 8 ...........Page 8 ...........Page 9 ...........Page 9 ...........Page 9 ..........Page 12 i I Page City of Federal Way Citizen Participation Plan I. Introduction 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 CPP is required by the U.S. Dep ent of Housing and Urban Development (HUD) as specified under 24 CFR 9 1. 100 and 91.105. e C' provides direct support for critical human services, economic development, affordable usi and neighborhood stability through its Community Development Department, mm�,unit ervices Division. _ II. Purpose On February 5, 1988, the President signed into law the Housing a d Co)pxliuni Development Act of 1987, which among other things, requires jurisdictions to develop am folio a citizen participation plan. This CPP is intended to encourage citizens to rti ' to in the nsoli ated Planning process and it outlines the procedures for approval of the nso idate n (Con Ian) d the Annual Action Plan (AAP), for addressing concerns and complaint an akin en e to either of these plans. The processes in the CPP apply to all commu 'ty evelo ment an ousing activities under the CDBG program. 1- -N, The City encourages involve men y r 1 is ar activities included in the (Con an). he C n P� outlines five-year strategies to ad ess t eeds, grant funds. This CPP describ ho nts a or iza proposed actio' es, d provide om nts p Residents and o aniz ions are al en ouraged monitoring activit in the planning and implementation of an assessment of community needs, an AAP including the proposed use of ns can access information, review and comment on ormance evaluations of approved activities. to participate in program implementation and Specifically, this CPP cribhe etails of the formal process for public participation in annual and long-range planning for th use o DBG funds in the City. III. Structure for the Administration of CDBG Funds The City is an "Entitlement" community receiving an annual CBDG grant directly from HUD. As a grantee, the City accepts responsibility for administration of the grant including strategic planning via the Con Plan; annual program planning, management, and funding decisions via the AAP; and oversight of sub -recipients that receive CDBG funding via the City. The City is responsible for ensuring the use of funds is in accordance with the Con Plan as well as federal regulations. The City conducts funding application processes, prepares contracts, works with funded organizations to ensure projects successfully meet performance objectives, and provides technical assistance as needed. City of Federal Way Citizen Participation Plan T I Page 147 Human Services Commission The CDBG program is guided and supported by the Human Services Commission (HSC). The HSC recommends to City Council the allocation of CDBG funds to specific projects and advises on guidelines and procedures for City funding in support of community development and human services. The HSC consists of nine regular, voting members and three non-voting alternates. City Council The City Council oversees the administration of the CDBG program via approval of the Con Plan, the AAP, the CAPER, and the CPP. Approval of CDBG program plans and reports take ace in public hearings. Additionally, the Council appropriates an overall budget for the CDBGndi as part of its bi- annual budget that permits the acceptance and expenditure of the CDBG funds ch ar. IV. Participation \/ Citizens and stakeholders will be provided with information and e o ortunity to give eam ful input to the consolidated planning process. The City will mak avail ble to ents, pub ' ag cies, and other interested parties information that includes the amount f ass ce t jurisdiction expects to receive (including grant funds and program income) and the rang of acti ' ies that may be undertaken, including the estimated amount that wil e t persons o low- nd moderate -income. Opportunities for input will include outreach to low an Berate ome rs s, persons living in predominately low- and moderate -income neighborh ods dei d as ar w ere more than 50 percent of the population have household income orelow 0 r nt e K' g County area median income), persons of color, non-Engli and Ii__).b d En 'sh spe ing persons, persons with a disability, and persons experiencing homele esK' Additionally, the City encourage nd'll each out ck,4k regional institutions, the Continuum of Care, and other organizations (in udinges, de lopers, nonprofit organizations, philanthropic organiz 'ons, an mi nity- ased an ith-based organizations) in the process of developing and i em CDB pro am ans and performance reports. Consistent with HUD regulations, in e pr cess of de lops g th on Ian, consultations shall include broadband internet service provide , or izations e ag in na owing the digital divide, agencies whose primary responsibilities in ude e manage en of flood prone areas, public land or water resources, and emergency manages nt a ncies. A. Public Notice Citizens must be given uate notice of all hearings and public meetings through posting on the City webpage and direct notification to stakeholders. Adequate notice is defined as 14 calendar days. Public notice shall indicate the date, time, location, and purpose of the meeting and information about the issues to be discussed. B. Means of Outreach The City will use both traditional means of notice and outreach and newer methods to create awareness of planning processes and opportunities for review and input. Traditional methods include notices in the newspaper and posting in City Hall and elsewhere throughout the city. Additionally, newer methods, such as social media will be used to communicate about efforts, processes, and opportunities for participation in community development planning associated with the CDBG program. City of Federal Way Citizen Participation Plan 148 2 1 Page C. Comment Period The comment periods for plans and reports is listed in the following table and is described in more detail in Section VI. Consolidated Plan & Annual Action Plan 30 calendar days Substantial Amendment to Con Plan & AAP 30 calendar days Analysis of Impediments / Fair Housing Assessment 30 c lendar days Citizen Participation Plan cal dar days Minor Amendment to Con Plan & AAP 15 alendar days CAPER 20 c endar days D. Public Hearings Public hearings will be held at least twice per year at key sta s junityx(eestilngs. e grantadmin ratio process to obtain the public's views and to provide the pub c wirespo o their q sti s and comments. Public hearings may take place before the Human ei o ission and t e City Council. Public hearings refers to both public hearings and co E. Access to Meetings Meetings and forums shall be held in accessibl loc ti s to en e tha r rtectural barriers do not preclude the attendance of people who have a dis ility In additi , accommodations will be made, upon request, for attendees w e heari or ' ual n s. F. Language Access The City shall take reasona a ste top ov' ngua e as istance to ensure meaningful access to participation by non-English s eaki nd limite 1 proficient residents of the community. This will include ma ang ents r tra do ervices and meeting materials available in the appropriateLalfguage. AdNce tice ust be requested not less than three (3) business days prior to a pu c nKlmg ub he 'ng. V. Plans Ud Reports The following describX the ey a ng and reporting documents for the CDBG federal grant. Plans and reports for the Cons 'dated P1p ing process are located at the following link. A.' Consolidated Housing and Community Development Plan (Con Plan) The 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. B. 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. City of Federal Way Citizen Participation Plan 149 3 1 Page C. Consolidated Annual Performance and Evaluation Report (CAPER) The CAPER documents performance on the activities and projects undertaken and completed in the previous program year. This is completed and submitted to HUD not later than March 31. See Section VIII for further details on public processes for the CAPER. D. Analysis of Impediments to Fair Housing (AI) or Assessment of Fair Housing (AFH) In coordination with the Con Plan process, the City prepares a community -wide analysis of impediments to fair housing. Annual progress and work towards the fair housing goals are reported annually in the CAPER. /1`1\ E. Citizen Participation Plan (CPP) The CPP (this subject document) is required by HUD regulations and o ines the eans and methods that the City uses to encourage public input into the plannin an e w p cess for the CDBG program. It is updated as needed. VI. Modifications to the Consolidated, Actio PI s, a Citizen Participation Plan The following description and definition of amends nts lies to on form ly adopted and approved plans. Any plans not yet approved by City Counci an UD conside d dr t documents subject to changes without public review. A. Modifications to the Consolid Ian After the Con Plan is submi d to HU chang s to t on Plan follow the processes described below. The Ci ispo ibl for pro idi citizens with reasonable notice and an opportunity to commen whe amen in to the Ian re proposed. Modifications to 1a_.Qon P1 fall ig(6—t-firoccate ries. Revs ' ns ns ol ate lan Re isio are edits, dat , or rr tions that do not alter the activities, purpose, or inte ded neficiaries f a of the strategies adopted in the Strategic Plan section of the Con n. e HSC w 11 b notified during a regular meeting and the revised Con Plan will be 1 lish on e ty's website. Minor Amen ents the Consolidated Plan Minor Amendm (s are those which: 1) alter the annual accomplishment goals; or 2) amend a neighborhood revitalization strategy (NRSA) for a specific neighborhood located in a geographic area of the City. Minor amendments require public notice and an opportunity for the public to comment for 15 days and approval by the HSC in a regular meeting. The amended Con Plan will be published on the City's website. Substantial Amendments to the Consolidated Plan a. Substantial amendments are those which: 1) alter the activities, purpose or intended beneficiaries of a strategy identified in the Strategic Plan section of the Con Plan; 2) add or delete a strategy in the Strategic Plan section; 3) alter the annual accomplishment goals and/or the long-term goals of the major strategies in the strategic plan; and/or 4) add a neighborhood revitalization strategy (NRSA) for a specific neighborhood located in a geographic area of the City. City of Federal Way Citizen Participation Plan 150 4 1 Page b. A substantial amendment to the Con Plan must be approved by City Council in a public hearing. c. Substantial amendments require public notice and an opportunity for the public to comment for 30 days prior to the date set for a public hearing by the City Council to take action on the substantial change(s) to the Consolidated Plan. d. Substantial Amendments shall be considered by the HSC during the 30 -day public comment period, which will snake a recommendation to the City Council regarding the proposed amendment. e. All comments that are submitted, either orally or in writing during t oinment period, shall be considered in any substantial amendment to the nso ' ated Plan. A summary of public comments made and how they influenced e a ndment, as well as the reasoning for comments that were rejected and did n influent the amendment, will be attached to the substantial amendment. f. The City will work with King County to submit the en e Conso ' ate Ian to HUD. g. The amended Con Plan will be published on th Cit s websiN B. Modifications to the Annual Action Plan After the AAP is submitted to HUD, change e AAP fol w the rocesses described below. The City is responsible for providi g citizen it reaso ble tice and an opportunity to comment when amendments to tkoizian ar opose Modifications to the Annual Action Plan fall 1. Revisions to the Annu Ac ' Pla a. Minor changes, dits pdat , o corrects ns at do not meet threshold criteria for amendments an o n re ire pu ' not e. b. The HSC will be n ifie du ' regula eeting and the revised Annual Action Plan will b is on Cit 's webs 2. Mi r A endmen to th Ann al A ion Plan a. A ch ge of mor than 50 pe nt in the amount of CDBG funds awarded to a p ject. b. A c nge ' an el' ibl activity, a change in the purpose of an activity, or scope of an activit such th stimated number of intended beneficiaries are affected by 50 percent o more, a change in the intended beneficiaries of an activity. c. The cancel ' of a project or activity. d. A minor amendment must be approved by the HSC in a regular meeting and published on the City's website. Substantial Amendments to the Annual Action Plan a. A substantial amendment involves a modification in the amount of CDBG funds awarded by more than 35 percent of the annual entitlement grant amount. b. The addition of a project or activity not previously identified as a contingency project. c. A substantial amendment to the AAP must be approved by the City Council in a public hearing. d. A substantial amendment that is approved by the City Council will be published in the Federal Way Mirror at least 30 days before they are implemented, and the public will be invited to comment during the 30 -day period and at the public hearing before the Commission. City of Federal Way Citizen Participation Plan 151 5 1 Page e. All comments that are submitted, either orally or in writing, during the comment period shall be considered in any amendment to the AAP. A summary of public comments made and how they influenced the amendment, as well as the reasoning for comments that were rejected and did not influence the amendment, will be attached to the amendment f. The City will work with King County to submit the amended AAP to HUD. g. The amended AAP will be published on the City's website. C. Modifications to the Citizen Participation Plan After the CPP is approved by City Council, changes to the CPP follow th roc ses described below. The City is responsible for providing citizens with reasonable tic nd an opportunity to comment when amendments to the CPP are propose . Modifications to the Citizen Participation Plan fall into three 1. Revisions to the Citizen Participation Plan a. Minor changes, edits, updates, or corrections th do n et t eshold crit for amendments and do not require public notice. b. The HSC will be notified during a re meeting a the vised CPP will be published on the City's website. 2. Minor Amendments to the Citizen Parti ' at n a. Changes necessary as a result of HU req it en b. Changes to the form .ng an tructur of e c. A minor amendm t mytiet� ap roved th SC in a regular meeting and published on th Cit s web ite. 3. Substantial Amendmen to tNe PtisezPartici ation Plan a. Modi ion ubli otic require s and comment periods. b. T add' ' of a p ns c ents not previously identified in the CPP. C. s tantial a end n\ --t he PP must be approved by the City Council in a ubh hearing. d. ubst tial ame in t that is approved by the City Council will be published in the der Way irr r at least 30 days before they are implemented, and the public will b 'twit co ment during the 30 -day period and at the public hearing before the Coun '1. e. All comme at are submitted, either orally or in writing, during the comment period shall be considered in any amendment to the CPP. A summary of public comments made and how they influenced the amendment, as well as the reasoning for comments that were rejected and did not influence the amendment, will be attached to the amendment f. The amended CPP will be published on the City's website. VII. Public Participation on the Fair Housing Analysis of Impediments (AI) or Assessment of Fair Housing (AFH) and Affirmatively Furthering Fair Housing The preparation of an Analysis of Impediments to Fair Housing (AI) and its subsequent document, the Assessment of Fair Housing (AFH), are critical parts of HUD housing and community development programs, and citizen participation is key to the successful completion of these planning efforts. In order City of Federal Way Citizen Participation Plan 152 6 1 Page to maximize opportunity for public input into the process, City staff will make HUD -provided data and any other supplemental information to be incorporated into its Al or AFH available to its residents, public agencies, and other interested parties. Such data will be made available at, or as soon as feasible after, the start of the public participation process. The data may be made available to the public in a variety of formats and locations, both physical and electronic, including references to the data on HUD's website. For purposes of the Al and/or AFH, the duty to "affirmatively further fair housing" means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity bas on protected characteristics. Specifically, affirmatively furthering fair housing means taking nin Ful actions that, taken together, address significant disparities in housing needs and in access to ppo ity, replacing segregated living patterns with truly integrated and balanced living patterns ransfo ' g racially or ethnically concentrated areas of poverty into areas of opportunity, and fos en a mai aining compliance with civil rights and fair housing laws. During the preparation of the AI/AFH, the public will be encouge o partic' ate via pu ism tml and other opportunities for input. Draft versions of the docume s wi e bli ed on the Ws website at the following link. http://www.cityoffederalway.com/ de/l 74. dditionally, the documents will be available for review at public Libra ' and at the ' of ederal Way Community Development Department. The public will be notified of the availability of the ) methods such as email and social media. Notificatioi service agencies, and other inte<enura les a list Department. The public will be to r viessubmission to HUD. The publiro de 30Citizen comments on the AI/AFc si submitted in writing within the io�shingt at33325 8`h Avenue S the end of this doc ent. i,Qhe Fe-dr<ql ft3l"Mirror and via other nt t ublic housing authorities, other ie y th ommunity Development ment on this document prior to its n which to comment on the report. received orally at a public hearing or the Community Services Manager located 5325 or via email at the address listed at The AI/AFH 11 be viewed by e C du the 30 -day comment period, and the HSC will provide a recommendation Ci Council f ac 'on. The City Council shall consider the AI/AFH in a public hearing and take ac ' n p ' r to th sub ission of the AI/AFH to HUD. The City shall consider a comm is or views of residents of the community received in writing, or orally at the public hearing in eparing the final AI/AFH. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, shall be attached to the final AI/AFH. VIII. Public Comment on the Annual Performance Report (CAPER) The City is required by HUD regulations to report annually on its performance in implementing the activities of the Con Plan. This takes place via the Consolidated Annual Performance Evaluation Report (CAPER). The public will be notified of the availability of the CAPER in the Federal Way Mirror and encouraged to review and comment on this document prior to its submission to HUD. The report will generally be available in March of each year. The public will be provided at least 20 days within which to comment on the report. Citizen comments on the CAPER will be considered if they are received orally at the public hearing or submitted in writing within the 30 -day period for comment to the Community Services Manager located at 33325 8`h Avenue South, Federal Way, Washington 98003-6325 or via email City of Federal Way Citizen Participation Plan 7 1 Page 153 at the address listed at the end of this document. Copies of the report will be available for review at the City of Federal Way Community Development Department. IX. Anti -Displacement and Relocation Policy Applicants are encouraged to propose projects that avoid or minimize displacement. Projects that include or that will include federal funding (CDBG), and will acquire, demolish, or rehabilitate a building that has residential or commercial tenants in place, must follow the federal relocation requirements of the Uniform Relocation Act (URA) and the Real Property AcquisitipWegulations of for Federal and Federally Assisted Programs, as well as the Barney Frank Amen ent ection 104(d), if applicable. X. Availability of Funds to Meet Objectives of th oli to Ian Funding opportunities and awards are posted on the City of Fede W webpage at the ollo ' g link: http://www.cityoffederalway.com/node/1674. All CDBG fund g is bject propriati b ongress and distribution by HUD. Annual funding for both Public Servic an ital rojects/economic development is awarded to sub -recipients via the AAP. A. CDBG funds for Public Services (e.g., ho eless hou ' progra s, jo training, and youth services) are announced through the bienni hu servi fundi ap ication process. The City of Federal Way participates with 16 oth r ci 'es ughou ing ounty in a common application process that enables non-profit se ice r ide pre are and submit a single application that inay include nding r uests in p 17 cite s. The common application process takes place in late int earl spring 'n e n numbered years. The funding awarded via this pring is f a two ye period egi ing the calendar year following the application year. Fundin reco i dation in d y the Human Services Commission and approved by the City unci . B. CDBG ca ' ala onom de op m t funds are available via the City's Community Econo 'c R italizatio Fun 'ng R process. A Notice of Funds Available (NOFA) is issued ua and begin the nnua ction Plan preparation process. Completed applicati s are enerally ue i September. Notifications regarding CDBG funds available are made b irec otice o s keholders, publication in the Federal Way Mirror, and the City website. The ndin and via this process is for a single CDBG Program year beginning the calendar year ollowi the application year. Funding recommendations are made by the Human Services Co ssion and then incorporated into the AAP, which is approved by the City Council and submitted to HUD for review and approval. XI. Pre -applications and Technical Assistance to Applicants for Capital Funding Upon request, technical assistance will be made available to groups representing low- and moderate - income persons to assist them in understanding the requirements for developing proposals and preparing applications under the Con Plan and AAP. A. Each year, Federal Way conducts workshops in connection with the CDBG application process to provide guidance and technical assistance to potential applicants for funds. The workshops provide information about federal requirements, local priorities, and application instructions. Additionally, technical assistance may be provided to individual (organizational) applicants City of Federal Way Citizen Participation Plan 154 8 1 Page upon request prior to an application being submitted. B. Federal Way Community Services Staff is available throughout the year to work with potential applicants, sub -recipients, and other organizations to help them with policy and process questions, regulatory compliance, and creative problem -solving in working with federal funds and CDBG requirements. XII. Additional Information and Access to Records Records relevant to the consolidated planning process and program administratio are ailable for the preceding six years. Citizens, public and private agencies, and other intereste arti swill be given reasonable and timely access to inforination and records related to the Con an;d pNgram activities. A copy of the final, approved documents (the Citizen Participation P n<Sit, nsolidat, Action Plan, Analysis of Impediments to Fair Housing/Assessm(tywo Housing, to those plans; and the CAPER) may be obtained through the C http://www.cityoffederalway.com/node/1674. XIII. Complaints The City will provide a timely, substantive, written 15 working days. A complaint pertaining to the CI Plan, any plan amendments and/or the ince Community Services staff. Staff wi eview th co of 15 working days of receipt of >4 c p 'nt. the Community Services Manar w will vi Community Services Manager's cisio ill be fij XIV. DefinitioRfand Definitions dent complaint within Plan, Annual Action u it for response to will provide a response within a period i1 of a response may be requested of a written response within 21 days. The Analysis of lm edi ents Fair Hbusiig Choice: The Analysis of Impediments is a review of impediments to fair h sing /ho*ehe public and private sector. It is a review of an Entitlement community's laws, regu tionministrative policies, procedures, and practices and how those laws, etc. affect the locatio y, and accessibility of housing. The AI also evaluates how private sector activities pertainingtovailability affect fair housing choice in the community. Annual Action Plan: The Annual Action Plan is the annual work program and spending plan for the use of Federal grant funds. The AAP provides a concise summary of the actions, activities, and federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. Assessment of Fair Housing: The AFH is an analysis of fair housing issues and contributing factors in an Entitlement community. The types of issues considered include: 1) Patterns of integration and segregation; 2) Racially or ethnically concentrated areas of poverty; 3) Disparities in access to opportunity; and 4) Disproportionate housing needs. The AFH results in goals that the community sets forth to achieve over a Consolidated Plan period. The AFH is replacing the Analysis of Impediments to Fair Housing Choice planning process and will be instituted for the 2025-2029 Consolidated Plan period. City of Federal Way Citizen Participation Plan 155 9 1 Page Citizen Participation Plan: The CPP (this subject document) describes the public participation process for planning and implantation of Federal Entitlement funds, and includes opportunities for involvement of affected persons and other concerned citizens in the planning process. Community Development Block Grant: The Community Development Block Grant (CDBG) Entitlement Program provides and annual grants on a formula basis to entitled cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, a by expanding economic opportunities, principally for low- and moderate -income persons. The ogr is authorized under Title 1 of the Housing and Community Development Act of 1974, Publi aw 3-383, as amended; 42 U.S.C.-530.1 et seq. Community Economic Revitalization Funding: The City of Federal ay :LpplicatiNpross and program for the use of CDBG funds the City receives as an Entitl entomunity. T CE is for portion of the annual grant that is available for capital projects d e nomic velopmen ffor . Consolidated Annual Performance and Evaluation Report: The C ER s t annual report to the U.S. Department of Housing and Urban Development on t ity's perfo ance ' implementing the activities of the Con Plan. Consolidated Plan: The Con Plan guides the use of de 1 G fun ove ive-year period. It describes the amount of assistance, priorities, range o acts iti , a estim ed amount that will benefit low- and moderate -income people. "Entitlement" Community: A i tro Titan ity r urban our with a population of at least 50,000 which, because of its size, is ent ed to ec i e Co ity Development Block Grant (CDBG) funds directly from the federal gov ne t. Human Service o fission: he ty o ede 1 Way Human Services Commission, which is 'X onsfor val ing applica ons nd m g recommendations to the City Council regarding funding from the DB rant and Vity Peneral funds. Notice of Funds Avai le: �he 'ub ' notice published in the local paper of record and noticed via a variety of other means to form t community and service organizations that the City is making funds available for communityde 1 Ent and human services activities supporting low- and moderate - income person in Federal Way. The NOFA announces the beginning of the application period for such funds and how and where applications are available. Public Services: Public Services is that portion of an annual CDBG grant that is directed to and available for funding human services activities. Public Services funding is limited to 15% of the annual CDBG grant amount. Acronyms/Abbreviations AAP: Annual Action Plan AFH: Assessment of Fair Housing City of Federal Way Citizen Participation Plan 156 10 1 Page AI: Analysis of Impediments to Fair Housing CAPER: Consolidated Annual Performance and Evaluation Report CDBG: Community Development Block Grant CERF: Community Economic Revitalization Funding Con Plan: Cor. CPP: Citizen I HSC: City of 1 HUD: U.S. Dc NOFA: Notice City of Federal Way Citizen Participation Plan 157 111 Page XV. Federal Way Program Managers Community Services Manager CDBG / Human Services Coordinator Housing Repair Program a Sid Jeff Watson j eff. watson(cD c ityoffederalwa 253.835.2650 Sarah Bridgeford 253.835.2651 Jeri -Lynn Clark 253.835.2401 City of Federal Way Citizen Participation Plan 158 ite formats can be arranged 1 (Relay service) 2 12 1 Page COUNCIL MEETING DATE: March 19, 2019ITEM #: .......................................................... . ............................................................................................................................................................................................................................................................................................................................................................................................._.......................__._..................._............................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIRST AMENDMENT TO THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should the City Council approve the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: CD Coordinator ............................................................_.......................................................................... .......................................................................................................... ................................................................................. .................................................................. ...................................... _... Attachments: Staff Report First Amendment to the 2018 CDBG Annual Action Plan Options Considered: 1. Approve the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan. 2. Do not approve the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan and give staff direction. ............................................................................................................................................................................................................................................................................................................................................................................................................ .......... _................ ..... ...................I ...... _.......... MAYOR'S RECOMMEN TION: Option 1 MAYOR APPROVAL: cy DIRECTOR APPROVAL: ;'CQ1nmittee J r Coun Initial/Date i Initial/Date � Initial ate COMMITTEE RECOMMENDATION: I move to forward the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan to the March 19, 2019 City Council agenda for public hearing. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action 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 # 159 CITY OF FEDERAL WAY MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan Financial Impacts: The Multi -Service Center Villa Capri Door Renovation project is funded using CDBG funds and there are sufficient funds available to cover the recommended, additional allocation of $48,000 for total funding of $151,500. Another project at Multi -Service Center Villa Capri was deemed ineligible for CDBG funds resulting in $30,000 of CDBG funds being available. Other 2018 CDBG projects spent less than the allocated funds, leaving unspent funds available for reallocation. The reallocation will not impact other planned CDBG projects. Back round Information: City Council approved the 2018 Community Development Block Grant (CDBG) Annual Action Plan (AAP) on January 16, 2018. The 2018 AAP included $103,500 for the Multi - Service Center Villa Capri Door Renovation project including $100,000 for renovation and $3,500 for environmental review. 2018 CDBG funds became available in October 2018. By this time, project costs increased by approximated $48,000 primarily due to increases in State prevailing wage rates. The application for funding and project budget had been based on Federal prevailing wages that are typically higher than the State prevailing wages. With the changes that took place to State prevailing wage rates in 2018, the projects costs became unexpectedly higher than planned bringing the total project cost to $178,500. Multi -Service Center will contribute $27,000 as originally planned, leaving a need of $151,500. The project will help to preserve 86 units of affordable housing in the City of Federal Way. The Human Services Commission (HSC) recommended $48,000 in additional CDBG funding at the January 28, 2019 HSC meeting. As the amount of funding exceeds 20% of the original CDBG funding, the AAP must be amended. The HSC made a recommendation at the February 25, 2019 meeting that City Council approve the subsequent First Amendment to the 2018 CDBG Annual Action Plan. The two changes are highlighted and found on page 1 and page 19. 160 Rev. V18 CITY OF FEDERAL WAY MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: 2018 Program Year Consolidated Annual Performance & Evaluation Report (CAPER) Backparound Information: In 2011, the City of Federal Way became a Community Development Block Grant (CDBG) entitlement community and adopted its first Consolidated Plan for the 2012-2016 program year period. In August 2014, the City was informed by the U.S. Department of Housing & Urban Development (HUD) that the City should begin to plan for use of the CDBG funding with King County because the City is part of the HOME Consortium, which led to the adoption of a new Consolidated Plan for the 2015-2019 program year period. The Consolidated Annual Performance & Evaluation Report (CAPER) informs HUD on how the City utilized CDBG funds to meet various goals. The CAPER is required for each year of the Consolidated Plan program period. The 2018 CAPER is for the fourth program year of the Consolidated Plan program period. The Human Services Commission considered the 2018 CAPER at its regular meeting on Monday, February 25, 2019, and voted 9-0 to recommend approval of the CAPER. A brief overview of 2018 accomplishments is provided on Page 1 of the CAPER under the heading of CR 05 - Goals and Outcomes. 161 Rev. 7/18 CITY OF Federal Way The City of Federal Way First Amendment 162 Executive Summary AP -05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Federal Way presents this Annual Action Plan for the 2018 Program Year Community Development Block Grant program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division (CSD) staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. The First Amendment to the 2018 Annual Action Plan includes additional funding in the amount of $48,000 for Multi - Service Center Security Door Renovation. 2. Summarize the objectives and outcomes identified in the Plan This Action Plan allocates a total of approximately $1,095,232 dollars in 2018 Community Development Block Grant Entitlement funds, prior year resources, and CDBG program income to support the Community Development Block Grant program. The overall goals for the Action Plan are: • Improve and expand affordable housing options; • Expand businesses to create jobs and assist with the development of microenterprises; • Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts; and • Administer the Community Development Block Grant program to meet the community needs and HUD requirements. 3. Evaluation of past performance The City has been able to meet the needs of many low- and moderate -income households through its involvement as a member of the King County HOME Consortium. Activities implemented under that arrangement have succeeded in: 1) meeting the needs of homeowners through the City's housing repair program; 2) providing much needed services to help households to regain stability; 3) providing facilities and improvements to improve the quality of life; and 4) supporting economic development efforts for small businesses and microenterprise. During the first three years of the 2015-2019 HOME Consortium Consolidated Plan, the City of Federal Way worked closely with the community, nonprofit agencies, the private sector, the State of Washington, HUD, the faith -based community, and the philanthropic community to make solid progress towards goals. The City of Federal Way reported in the 2017 Consolidated Annual Performance Evaluation Report (CAPER).: 4 households received support for housing repair and rehabilitation 408 persons received assistance with public services 95 persons received economic development -related assistance 4. Summary of Citizen Participation Process and consultation process The City had an established public participation process, as outlined below: Federal Way Annual Action Plan 108 • A public hearing was held on November 21, 2016, before the Human Services Commission to receive input on the preliminary 2017-18 CDBG Public Services grant recommendations. • Notice of Funds Available for PY2018 CDBG Community Economic Revitalization Funds was published in the Federal Way Mirror on July 7, 2017. • Request for public comments and input was emailed to stakeholders and service agencies on December 8, 2017 seeking input through January 16, 2018. • A Notice of Public Hearing was published in the Federal Way Mirror on December 8, 2017, notifying the public of public hearings to be held on December 18, 2017 and January 16, 2018, and to announce the comment period on the 2018 Annual Action Plan. • An opportunity for public comment was provided on December 18, 2017, before the Human Services Commission, to receive input on the 2018 Annual Action Plan. • A public hearing was held on January 16, 2018, before the Federal Way City Council to receive input on the 2018 Annual Action Plan. • Request for public comments and input on an updated plan was emailed to stakeholders and service agencies on May 18, 2018 seeking input through June 5, 2018. • A Notice of Public Hearing was published in the Federal Way Mirror on May 18, 2017, notifying the public of a public hearing to be held on June 5, 2018, and to announce the comment period on the Updated 2018 Annual Action Plan. • An opportunity for public comment was provided on June 5, 20.18, before the Federal Way City Council to receive input on the Updated 2018 Annual Action Plan. 5. Summary of public comments No Public comments were received during the initial comment period beginning December 8, 2017 and concluding on January 16, 2018 or during the second public comment period from May 18, 2018 to June 5, 2018. 6. Summary of comments or views not accepted and the reasons for not accepting them N/A. 7. Summary In summary, Federal Way residents, stakeholders, service providers, and others consulted during the citizen participation process support the outcomes and objectives of the Consolidated Plan for Housing and Community Development. The remainder of this report will provide details on how the City proposes to prioritize its investment. Federal Way Annual Action Plan g48 PR -05 Lead & Responsible Agencies - 91.200(b) Agency/entity responsible for preparing/administering the Consolidated Plan The City of Federal Way is responsible for preparing the Annual Action Plan and for the administration of the CDBG grant program and funding. Responsible Agency • Agency Role: CDBG Administrator • Name: Jeffrey Watson • Department/Agency: Community Development/Community Services Division The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Jeffrey Watson, Community Services Manager, is the program administrator. Sarah Bridgeford, CDBG Coordinator, is the primary staff responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Annual Action Plan Contact Information Sarah Bridgeford CDBG Coordinator 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) (253) 835-2609 (facsimile) Sarah.Bridgeford@cityoffederalway.com Federal Way Annual Action Plan 3 J®t8 AP -10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. As part of its first Consolidated Plan, for 2012-2016, the City created the Citizen Participation Plan for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Plan, and provide input for the implementation and program evaluation phases in future years. In 2015, the City began participation in the 2015-2019 HOME Consortium Consolidated Plan in cooperation with King County. The Citizen Participation Plan again provided guidance to afford opportunities for citizen involvement throughout the development of the 2015-2019 HOME Consortium Consolidated Plan. During the process of developing the 2015-2019 Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County with common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households, as well as the homeless. The City also works with members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with each other. The consortium includes stakeholders and public housing authorities (PHA's) including the King County Housing Authority and the Renton Housing Authority. In addition to the Consortium, the Continuum of Care is comprised of nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, the Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Social and Health Services. This coordination and public meetings held as part of the planning and funding processes for federal formula grants and local funds take place regularly throughout the year and inform recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way coordinates with All Home, which has been designated by the King County Council as the local homeless housing task force for King County. All Home was created to work with service providers and advise local government on the creation of a local homeless housing plan and to, participate in a local homeless housing program. Federal Way works with King County and other communities in the Consortium to provide input and advice to All Home on local and sub -regional issues and needs regarding homelessness as well as housing and services for the homeless. Federal Way is a member of a committee that focuses on collaboration between service providers and housing providers. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous churches and other faith -based groups that provide regular services and support to the homeless in our community. This includes meals, overnight shelter during the cold Federal Way Annual Action Plan 4' 2W months, and shower and laundry services. The City also uses general fund dollars to fund the Reach Out winter shelters for homeless men and women. Catholic Community Services provides case management for these shelters. Further, the City worked closely with a local coalition and service provider to open the Federal Way Day Center for homeless individuals in 2016. Part of the ongoing development and implementation includes a service provider collaboration focused on providing access onsite to clients. Participants in the collaboration include housing organizations, local government, public health agencies, and a variety of social service providers including behavioral health services. The conversation includes the potential of co -located services at one campus to better serve those in need of the services. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (COC) is critical to our region's implementation of the All Home Homelessness Strategic Plan, which is focused on making homelessness rare, brief, and one-time. The CoC has a continued prioritization of permanent housing while addressing a full continuum of housing from transitional housing with support services to permanent supportive housing for persons with disabilities. The City of Federal Way supports the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City's provides financial support of these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of homeless persons. Efforts by the City and our many human services partners are targeted to help homeless persons meet three goals: • achieve residential stability; • increase their skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and All Home, the King County agency focused on ending homelessness. These valuable partnerships support Federal Way and the surrounding region's efforts to make homelessness rare, brief, and one-time. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS All projects receiving McKinney funding are required by HUD to apply for support through a local Continuum of Care. For King County, the Continuum of Care encompasses programs and activities within the borders of King County. The King County CoC priorities are set by All Home in King County. Federal Way staff contributes to the CoC by working collaboratively with All Home and with other communities, especially those in South King County, to provide input and cooperation with All Home and King County. Federal Way Annual Action Plan 5 j®�8 2. Agencies, groups, organizations and others who participated in the process and consultations • All Home • Hospitality House • ANEW • Institute for Family Development • Birth to Three Family Development • Kent Youth & Family Services Center • King County • Boys and Girls Clubs of King County • King County Bar Foundation • Building Changes • King County Housing Authority • Catholic Community Services of • King County Sexual Assault Resource Western Washington Center • CHI Franciscan • Kona Kai • Child Care Resources • Mother Africa • Children's Therapy Center • Multi -Service Center • Circulo de Mamas • Nexus Youth and Family Services • Communities In Schools of Federal Way (formerly Auburn Youth Resources) • Consejo Counseling and Referral Service • Orion • Crisis Clinic • Partner in Employment • Department of Children, Youth and • Pediatric Interim Care Center Families • Puget Sound Training Center • Department of Commerce • Public Health of Seattle -King County • Domestic Abuse Women's Network • Sound Generations (DAWN) • Sound Mental Health • Emergency Feeding Program • South Sudan Kuku Association of North • Fair Housing Center of Washington America • Federal Way Chamber of Commerce • St. Vincent De Paul Society • Federal Way Community Caregiving • Valley Cities Counseling & Consultation Network • Washington Engage • Federal Way Senior Center • Washington Low -Income Housing • Full Life Care Alliance • FUSION • Washington Poison Center • Habitat for Humanity Settle -King • YWCA County • HealthPoint Identify any Agency Types not consulted and provide rationale for not consulting To be included following the public comment period. Other local/regional/state/federal planning efforts considered when preparing the Plan The Continuum of Care (CoC), which is overseen by All Home King County. The City of Federal Way is working with All Home and other communities in South King County to implement the new Strategic Plan that replaces the Ten -Year Plan to end Homelessness. Federal Way Annual Action Plan 6 g@§8 AP -12 Participation - 91.401, 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation Consultation and citizen participation are critical elements of the plan. The value of citizen participation includes: 1) hear the community's recommendations on how the City should invest its CDBG dollars; 2) consult with individuals who may not initiate contact with the City because of language/cultural differences or who do not come from experiences where government sought their opinions; and 3) convene public hearings and meetings to increase opportunities for housing providers, service agencies, and healthcare organizations to come together and discuss how they can coordinate services and pool funding to achieve the greatest impact. Such consultation and citizen participation are ongoing aspects of the City's administration of its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City continuously seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. The City also has planning and citizen participation specifically to address homelessness and community development by meeting regularly with human service providers, other local cities, and other funders to seek solutions to local and regional community development problems. Federal Way Annual Action Plan 2098 Expected Resources AP -15 Expected Resources — 91.420(b), 91.220(c) (1, 2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2018 Program Year: • CDBG • Program Income • City General Fund (targeted to human services/public services, • Section 108 Loan Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable under the waiver granted via Notice CPD -18-01. Pre -award costs incurred by projects included in the 2018 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to the implementation of the activities and for continuity of services to the community. Anticipated Resources Table 1- Expected Resources — Priority Table Uses of Funds Expected Amount Available Year 4 Expected Narrative Program Source Annual Program Prior Year Total: Amount Description of Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ public Acquisition, $ 721,159 $34,185 $ 339,888 $ $721, 159 CDBG funds 1,095,232 leverage g rCDBG - Admin and additional federal Planning, federal and Economic state funds. Development, Agencies are Housing, able to Public combine Improvements, funding Public Services sources in order to provide a wider range of services to the community. Federal Way Annual Action Plan 8 12A18 Program Source of Uses of Funds Expected Amount Available Year 4 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ General public Public Services $516,000 $0 $0 $516,000 $516,000 The City Fund - local provides general fund grants annually to agencies and organizations that deliver services in support of low- and moderate- income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services dollars. Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. Federal Way Annual Action Plan 9 JO18 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. As described in this plan, the PAEC has and will continue to generate jobs both directly and via acting as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. Because the City used Section 108 Loan funds in support of the PAEC development, jobs created through the facility and as a result of related development are available for low- and moderate -income persons. Discussion CDBG and Section 108 Loan funds will be used to support eligible activities in accordance with CDBG regulations. Federal Way Annual Action Plan 10 1W Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Federal Way Annual Action Plan 11 12 q18 Table 2 -Goals Summary Start Year End Year Category Needs Addressed Sort Order Goal Name 2016 2019 Non -Housing Community Development Economic Development and Job Growth 1 EXPAND ECONOMIC OPPORTUNITIES Goal Outcome Indicator Funding Jobs created/retained: 7 Jobs Businesses assisted: 90 Businesses Assisted People Assisted: 108 People CDBG: $338,439 Start Year End Year Category Needs Addressed Goal Name 2016 2019 Affordable Housing Affordable Housing Preservation 2 PROVIDE DECENT, AFFORDABLE HOUSING Goal Outcome Indicator Funding CDBG: $254,500 1 transitional housing unit added; 86 affordable housing units preserved Start Year End Year Category Needs Addressed Goal Name 2016 2019 Non -Housing Community Development Ensure a Suitable Living Environment 3 ESTABLISH SUITABLE LIVING ENVIRONMENTS Goal Outcome Indicator Funding Public Service activities other than Low -and Moderate - Income Housing Benefit: 261 Persons Assisted Housing Units Resolving Violations: 100 Families assisted with Housing Repair: 8 CDBG: $358,293 Federal Way Annual Action Plan 11 12 q18 AP= Projects - 91.420, 91.20�d� - Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. Table 3 — Project Information # Project Name 1 Program Administration 2 Housing Repair Program 3 Debt Service on Federal Way PAEC Section 108 Loan 4 Code Compliance 5 Federal Way Community Center Inclusion Program 6 Hospitality House 7 MSC Rental Assistance 8 MSC YES Program 9 Orion Employment Services 10 Pediatric Interim Care Center 11 Apprenticeship & Non-traditional Employment for Women (ANEW) 12 Highline Economic Development Program 13 FUSION — FUSION Transitional Housing 2018 14 Multi -Service Center- Villa Capri Security Door Renovation 15 NRSA Street Lighting Project Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best to build on efforts already underway which could impact the economic problems affecting low - and moderate -income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net/self-sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate -income households. In order to continue services helping populations who are risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of the resources into the economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner -occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate -income households. Federal Way Annual Action Plan 12 JQ%8 AP -38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Economic Development and Job Growth Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $144,000 Description CDBG Program Planning & Administration for PY2018 Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities Location Description 33325 8th Avenue S, Federal Way, WA 98003 Planned Activities CDBG Administration 2 Project Name Housing Repair Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $175,000 Description Housing repair program helping low/low mod income homeowners repair their homes to a safe condition. Target Date 12/31/2018 Estimate the 8 Families (20 individuals) will benefit from this program. number and type of families that will benefit from the proposed activities Location Description Recipients must be homeowners living in the City of Federal Way. Planned Activities Housing repair for extremely low-, low-, and moderate -income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case-by-case basis. Federal Way Annual Action Plan 13 12-J48 Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 12/31/2018 100 Housing Units Census tracts and/or block groups at or above 51% low- and moderate - income and either with signs of deterioration or in a deteriorated condition. Code Compliance Federal Way Annual Action Plan 14 J%8 Project Name Debt Service on Federal Way PAEC Section 108 Loan 3 Target Area EXPAND ECONOMIC OPPORTUNITIES Economic Development and Job Growth Goals Supported Needs Addressed CDBG: $235,261 Funding Description Annual Debt Service on Federal Way PAEC Section 108 Loan including quarterly Interest payments until the loan is permanent and one anticipated principal payment in 2018. 12/31/2018 7 jobs will be created. 31510 20th Avenue South, Federal Way, WA 98003 Census Tract #53033030006 Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Debt service on the expected Section 108 Loan for the PAEC. A portion of the annual grant will be directed to debt service for the Section 108 Loan for the full term of the loan, which will be 20 years. The annual amount for a full year of debt service is expected to be approximately $200,000 per year over - the 20 -year term. 4 Project Name Code Compliance Target Area Goals Supported Needs Addressed ESTABLISH SUITABLE LIVING ENVIRONMENTS Ensure a Suitable Living Environment CDBG: $76,000 Funding Description Support for staff to engage in code compliance related to City Zoning and related codes. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 12/31/2018 100 Housing Units Census tracts and/or block groups at or above 51% low- and moderate - income and either with signs of deterioration or in a deteriorated condition. Code Compliance Federal Way Annual Action Plan 14 J%8 5 Project Name Federal Way Community Center Inclusion Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $35,246 Description The Inclusion Program provides social activities and classes for developmentally disabled adults. Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities 207 disabled individuals will benefit from this activity. Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities, such as camping trips, will be provided off-site. Planned Activities Social activities, such as recreational classes, life skills training, trips, and others will be provided. 6 Project Name Hospitality House Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $15,601 Description Homeless Women's Shelter Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities 5 individuals will benefit from this activity. Location Description Shelter services will be provided at 1419 SW 150th Street, Burien, WA 98166. Planned Activities Provide shelter and case management services to homeless women. Federal Way Annual Action Plan 15 P918 7 Project Name MSC Rental Assistance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $23,112 Description Multi-Service Center will provide rental assistance to eligible Federal Way residents in crisis. Target Date 12/31/2018 Estimate the 46 individuals will benefit from rental assistance. number and type of families that will benefit from the proposed activities be at the Multi-Service Center (1200 S. 336`h Street, Location Description Services will provided Federal Way, WA 98003). d Activities Individuals will receive short-term rental assistance to prevent eviction. 8 t Name tTarget MSC YES Program Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $10,400 Description YES helps youth ages 16 - 24 to obtain their GED, secure employment and continue post-secondary schooling, as appropriate, while helping them to establish and work toward careers and living wage employment. Target Date 12/31/2018 Estimate the 15 individuals between the ages of 16 and 24 will benefit. number and type of families that will benefit from the proposed activities Location Description Services will occur at the Multi-Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Classes and training to help youth obtain their GED, secure employment, continue post-secondary schooling. Federal Way Annual Action Plan 16 J9b 9 Project Name Orion Employment Services Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $10,400 Description Employment Services for disabled adults. Target Date 12/31/2018 Estimate the 2 individuals will benefit from this activity. number and type of families that will benefit from the proposed activities Location Job training will be provided at 1590 A Street NE, Auburn, WA 98002. Description Planned Activities Vocational counseling and skills training to obtain employment. 10 Project Name Pediatric Interim Care Center Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $6,934 Description Interim care of drug -exposed infants. Target Date 12/31/2018 Estimate the 1 infant will benefit from this activity. number and type of families that will benefit from the proposed activities Location Services will be provided at 328 4th Avenue S, Kent, WA 98032. Description Planned Activities PICC's services include infant transportation, 24-hour medical monitoring, nursing care, physician visits, narcotic assisted withdrawal, nutritional support for feeding difficulties, and other interim -level medical support (oxygen, PIC lines, etc.) as needed. PICC's social work staff facilitates family visitation, liaises with DSHS, and follows infants for six months after discharge to assure that they continue to thrive. PICC also provides educational and outreach services to the community on the recognition and care of drug -affected infants. Federal Way Annual Action Plan 17 X948 11 Project Name Apprenticeship & Non-traditional Employment for Women (ANEW) Target Area EXPAND ECONOMIC OPPORTUNITIES Goals Supported Needs Addressed Economic Development and Job Growth Funding CDBG: $5,778 Description Pre -apprenticeship training and employment services Target Date Estimate the 12/31/2018 3 individuals will receive job training and employment services/case number and type management. of families that will benefit from the proposed activities Location Description Planned Activities Activities will be provided at Apprenticeship & Non-traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057) Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12- week pre -apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap-around employment services focusing on job placement and retention. 12 Project Name Highline Economic Development Program Target Area EXPAND ECONOMIC OPPORTUNITIES Goals Supported Needs Addressed Economic Development and Job Growth CDBG: $87,000 Funding Description Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. Target Date 12/31/2018 Estimate the 90 individuals will receive technical assistance. number and type of families that will benefit from the proposed activities Location Description Planned Activities Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198) Business advisors will provide one-to-one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self- employment, and micro -enterprise in Federal Way. Federal Way Annual Action Plan 18 12W8 13 Project Name FUSION Transitional Housing 2018 Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $151,000 Description Purchase a single family home. Target Date 12/31/2018 Estimate the 1 family will benefit in 2018. number and type of families that will benefit from the proposed activities Location This activity will take place at a location to be determined. Description Planned Activities Acquire a single family home,'condo, or townhome to be used as transitional housing. 14 Project Name Multi -Service Center Villa Capri Security Door Renovation Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $151,500 Description Replace entry, hallway, and stairwell doors. Target Date 06/30/2019 Estimate the 86 households will benefit. number and type of families that will benefit from the proposed activities Location This activity will take place at 2862125th Place S, Federal Way, WA 98003. Description Planned Activities Replace exterior, stairwell, hallway, and laundry facility doors with doors that provide greater fire safety and security for residents. Federal Way Annual Action Plan 19 A18 Federal Way Annual Action Plan 20 12��8 Project Name NRSA Street Lighting Project 15 Target Area Neighborhood Revitalization Strategy Area in north Federal Way Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Ensure a Suitable Living Environment Needs Addressed CDBG: $16,000 Funding Description Add a minimum of 10 LED street lights to the NRSA neighborhood with locations to be determined using a prioritization process including community outreach for review. Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities This activity will take place at locations to be determined. Add a minimum of 10 LED street lights to the neighborhood. Federal Way Annual Action Plan 20 12��8 AP -50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Federal Way Annual Action Plan 21 JgJ8 AP -85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on-going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. The City worked with two other cities to implement a Parallel Application process to the Human Services General Fund process. The Parallel Application focused on underserved communities with particular focus on organizations and programs serving communities of color, immigrants, and/or refugees. For 2017-2018, the City funded five programs for a total of $14,500 per year and have seen great success so far and look forward to reporting on the accomplishments after the completion of the first year. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades including grab bars and accessible showers, and so on. The City is including a project at Multi -Service Center's Villa Capri Apartments, which serves 86 low- income households at a given time. The project will replace 33 doors including exterior, stairwell, and laundry facility locations. Replacing the doors increases safety and security of the property and assists in the preservation of 86 affordable housing units. Preserving affordable housing not only works toward neighborhood revitalization but, as demand for affordable rental housing continues to grow, can be a less costly strategy than building new affordable housing stock. Actions planned to reduce lead-based paint hazards The City of Federal Way works to reduce lead-based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated Federal Way Annual Action Plan 22 F948 paint; identification and control of lead-based paint hazards; and identification and abatement of lead- based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed.. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school-based mentoring programs that lead to increased graduation and college acceptance, working with businesses in the Town Center area adjacent to the PAEC to hire low-income residents consistent with the public benefit standards for the proposed Section 108 Loan, and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure In 2018, the Community Services Division will: Update the Division website to include pertinent information for community-based organizations for planning and program implementation purposes, and for individual seeking resources for community development. Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation and community revitalization initiatives. Continue to participate in collaborative efforts with other funders, private sector groups and agency coalitions such as the COC. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with Federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Federal Way Annual Action Plan 23 Program Specific Requirements AP -90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low-income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) — Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the $0 start of the next program year and that has not yet been reprogrammed: 2. The amount of proceeds from Section 108 Loan guarantees that will be used during the year to address the priority needs and specific objectives identified $0 in the grantee's strategic plan: $0 3. The amount of surplus funds from urban renewal settlements: 4. The amount of any grant funds returned to the line of credit for which the $0 planned use has not been included in a prior statement or plan: $0 S. The amount of income from float -funded activities: Federal Way Annual Action Plan 24 Jg;8 Other CDBG Requirements 1. The amount of urgent need activities: it The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate -income. Overall Benefit - A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low- and moderate -income. For PY2016, the percentage in this Annual Action Plan: 100.0% Federal Way Annual Action Plan 25 Np This Page Left Blank Intentionally 188 COUNCIL MEETING DATE: March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2018 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) POLICY QUESTION: Should the City Council approve the 2018 Program Year Consolidated Annual Performance and Evaluation Report (CAPER)? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: CD Coordinator ............................................................................._.......................................................................... ----..................... - ............ ................. _. Attachments: 2018 Consolidated Annual Performance & Evaluation Report Options Considered: 1. Approve the 2018 Consolidated Annual Performance & Evaluation Report. 2. Do not approve the 2018 Consolidated Annual Performance & Evaluation Report and give staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Initial/Date c9 DIRECTOR APPROVAL: Zy— Z 7 %'/ COMMITTEE RECOMMENDATION: I move to forward the 2018 Consolidated Annual Performance & Evaluation Report to the March 19, 2019 City Council agenda for public hearing. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2018 Consolidated Annual Performance & Evaluation Report and authorize the Mayor to execute all documents associated with the Report for submission to the U.S. Department of Housing and Urban Development. " (BELOW TO BE COMPLETED BY CITY 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 # 189 CITY OF FEDERAL WAY MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: 2018 Program Year Consolidated Annual Performance & Evaluation Report (CAPER) Backy-round Information: In 2011, the City of Federal Way became a Community Development Block Grant (CDBG) entitlement community and adopted its first Consolidated Plan for the 2012-2016 program year period. In August 2014, the City was informed by the U.S. Department of Housing & Urban Development (HUD) that the City should begin to plan for use of the CDBG funding with King County because the City is part of the HOME Consortium, which led to the adoption of a new Consolidated Plan for the 2015-2019 program year period. The Consolidated Annual Performance & Evaluation Report (CAPER) informs HUD on how the City utilized CDBG funds to meet various goals. The CAPER is required for each year of the Consolidated Plan program period. The 2018 CAPER is for the fourth program year of the Consolidated Plan program period. The Human Services Commission considered the 2018 CAPER at its regular meeting on Monday, February 25, 2019, and voted 9-0 to recommend approval of the CAPER. In 2018, the City utilized $777,000 in CDBG funds to support entrepreneurs in developing their businesses, provide employment and education opportunities for residents, offer housing repairs to help residents keep their homes in safe, livable conditions, provide eviction prevention, and assist persons with disabilities in living independently. More information may be found in the Executive Summary, immediately following the cover page of the CAPER and in the Goals and Outcomes section on page 1. 190 Rev. 7/18 4% At QTY OR Consolidated Federal Way Annual Performance and Evaluation Report (CAPER) PROGRAM YEAR 2018 FOURTH PROGRAM YEAR OF THE KING COUNTY CONSORTIUM CONSOLIDATED PLAN 2015-2019 Prepared by City of Federal Way Community Services Division Community Development Department 191 For more information on the CAPER, contact: Si necesita esta informacion en espanol, (lame all: Jeffrey D. Watson Community Services Manager (253) 835-2650 teff watson cityoffederalway.com or Sarah Bridgeford CDBG/Human Services Coordinator (253) 835-2651 Sarah Bridaeford cityoffederalwayxom City of Federal Way Community Development Department 33325 8t" Avenue South Federal Way, Washington 98003 www cityoffederalway.com 192 City of Federal Way Jim Ferrell Mayor City Council Susan Honda Deputy Mayor Lydia Assefa-Dawson Jesse Johnson Hoang Tran Mark Koppang Martin Moore Dini Duclos Human Services Commission Mary Schultz Chair Ken Stark Vice Chair Jack Stanford Jamila Taylor Jack Walsh Cynthia Ricks-Maccotan Julie Hiller Kathryn Scanlon Annette Cummings Anthony Pagliocco Betty Taylor 193 Executive Summary The City of Federal Way was able to utilize roughly $1 million in CDBG funds to accomplish the following and more: • Support entrepreneurs with business development assistance resulting in the creation of jobs; • Provide employment and education opportunities for residents; • Offer housing repair programs helping families keep their homes in safe, livable conditions; • Help families remain in their homes and avoid homelessness through emergency rental assistance; and • Provide scholarship assistance for persons with disabilities to take classes that will help them live independently. The City, through partnerships and with the use of City general fund dollars, was able to provide affordable housing to 1,700 residents, expand services at the Day Center (established for adults) to provide laundry and other services for homeless families, and commit to the South King Housing and Homelessness Partners (SKHHP) to support affordable housing and address homelessness. These are just some of the accomplishments achieved in 2018. 194 ExecutiveSummary ................................................................................................................................— 4 CR -05 - Goals and Outcomes....................................................................................................................1 CR -10 - Racial and Ethnic composition of Persons assisted......................................................................5 CR -15 - Resources and Investments 91.520(a)......................................................................................... 6 CR -20 - Affordable Housing 91.520(b)...................................................................................................... 9 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................12 CR -30 - Public Housing 91.220(h); 91.320(j)...........................................................................................16 CR -35 - Other Actions 91.220(j) -(k); 91.320(i)-(j)....................................................................................18 CR -40 - Monitoring 91.220 and 91.230................................................................................................... 22 CR -45 - CDBG 91.520(c).......................................................................................................................... 23 AttachmentA..........................................................................................................................................24 AttachmentB...........................................................................................................................................25 AttachmentC..........................................................................................................................................27 Attachments A — PR 26 CDBG Financial Summary Report for Program Year 2018 B — City Council Approval of 2018 CAPER C — Affidavit of Publication for 2018 CAPER Public Comment Period 195 CR -05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) During the fourth program year of the 2015-2019 Consolidated Plan, the City of Federal Way and community partners successfully utilized federal and local resources to: • Provide 244 persons with disabilities with classes and activities to help them live independently; • The City pursued a third party management company for the Section 108 funded Performing Arts and Event Center as a means to increase revenue and expand reach; • Complete the expansion of the supply of affordable housing as the home acquired in 2017 was fully renovated and was sold at an affordable monthly payment to a low- or moderate -income family; • Preserve and improve the existing housing stock through repair of single-family homes and code compliance corrections; 22 homes had repairs completed with another 2 in process and 160 households resolved code violations; • Provide employment services and 54 hours of tutoring to 17 youth; eight were placed in jobs; • Improve the quality of life of two drug addicted infants with 15 days of pediatric intensive medical care. Both infants have been weaned from narcotic medicines and are thriving; • Prevented homelessness by assisting 65 individuals with rental assistance; • Provided six persons with disabilities job training resulting in the two individuals who completed the program to date being placed in jobs; CDBG funds leveraged additional funding serving 27 additional Federal Way residents with employment training and placement services; • Expand economic opportunities by assisting 93 persons with technical assistance resulting in: o the creation of eight new business and jobs; o two business expansions; 0 12 existing businesses receiving assistance; and 0 73 potential startups receiving assistance. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 1 196 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g). Table 1 summarizes the outcomes for program year 2018 and the Consolidated Plan to date. Some numbers are lower than anticipated and others are included here that were not in the consolidated plan. For the items included here that were not in the consolidated plan, the activities were recharacterized while working with HUD, including tenant based rental assistance. Several projects were delayed due to the delay in receiving 2018 funds and will be implemented and completed in 2019. These projects include the renovation at Multi -Service Center's Villa Capri to preserve affordable housing, a streetlighting project in the NRSA, and FUSION's acquisition project for a new transitional housing unit. The Performing Arts & Event Center, which was completed and began operations in the third quarter of 2017, and the proposed, adjacent hotel, are expected to create jobs in overall numbers consistent with the Section 108 loan application. The City of Federal Way has communicated with the Seattle Office of HUD that the hotel has been delayed and is still expected to be constructed and create jobs as part of the Non -Housing Community Development "jobs created/retained" indicator in Table 1. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 2 197 N o ao o rn r o 0 a_+d CL n O $ O o O �+? m g O O O O o0 O d O k6 C1 L/i N o O IL U M M N Ln N O LnI O O 01 O m u1 N �D Q 0 a V Lo v O O rn w 00 Ln an d *a C 0 } N W a n N N= N O O O 06 O O N d d O 00 1-4O CL u u *D -a c '7 I- N m m O d' m a m w n N Q r`+ d m O O O O a O O coba O CL W Vl 6 a i VI C N oO '� c c Ol 61 O Q) m C c N C N O Y ,c Vhf �n O 6J = c O N QIY N ON N C Y N •� Y_ O of CAO }. c d o o c S S O a Q a Q =_ a Q a m Q x x o a Q Q N 40 c Y f0 Y 2 N N +(+ v 00 v o v w � ° o0 t' N O> > v > CC N C N N C0 co 00 0 o a w m a c S 3r. O. O "O C `� 3 m In y+ 41 U J v a; a c o d '� c o o °� ami c c m w w >� s v L o 4J Y w o —_ a W °' u t cu u °' °' o v cu cu W In N "O 'O L O O N O t O O C O aL+ c C O c n� o c s s en s x w a a 0— m r'� r^ m m m m m o 0 rn rn a at Ln Ln c m CO CO Lr) 7 0 a co CO m m 'n 00 Ln m N CO Lo m m D m m 0 m m 0 m O Ln N D N N U u DU O U m t/? D U m to m U t/1 U t/? U VT U H Q w tm -tn Ln 00 w C c w C c T OD C N OD C C C d d0 c N + C ? N N E y .0 y?, E E ,+T' E0. y 01 E 3 C c O c O Q0 4 _o O O OG C =O O cQo o E° E° ° =C o m c E> E>oooo r- o oa>o o o> o o w w w o o w.= O s a o z U oz U o z U o z u o z U o z U o Q x a z U o z H f - z z z Z Z H w w w W w > W > W > w ~ F_ ~ W J W J J W � W J c J C x J x J U_ z U z U Z Q CO O m Z x N J Z x Ln J Z cn J Z N J Z O F— D g O Z p 0 (n J co cc m 0 z O z o> Q mo CID Q° n a W m¢ W m a� Q z O Q Q o Dn> O Q H Q H Q H Q F> a F-> a 0 a a O a n O a K LL O O Z Z Z v~i S Z t; 5 z x U a x U a x U uw Q v~i O Ln O Ln m w Ln w w vi w w w O w w O w w O a Q s m 0 w Ln w w Ln w w cn w 198 ib C) O N O m CL 0 0 Lnz O c U m � o r e a S o o w 0 m o Q o } ,� a d ` dI Op d X 0 Y LM W a Y c y v 2 E ^ d o O1 u r t0 o H ta_u w C CI 4. m a o 0 W 4.1 N1 to 0 0 o78v M N N N N N. Cd C = Q = _ D fC N _� v a E m -O 2 � N N 41 O L C a c ~ m 2 Q � r C 0 00 Ln Ln N u cj to Q w -Ln U iA N N 0 m m w 0 r 0 a w� O u x a z z z ww u Wu w 0 m a m O Z p Z p O Z N O to O D 0 = 2 �2 C7 a Q a Q a� 0 N 199 m a U FO CR -10 - Racial and Ethnic composition of Persons assisted Describe the Persons assisted (including the racial and ethnic status of persons assisted). 91.520(a) Table 2 — Table of assistance to racial and ethnic populations by source of funds Race/Ethnicity # of People Assisted with CDBG % of CDBG Assisted % of City Population White 231 47.4% 51.6% Black or African American 101 22.0% 9.7% Asian 13 2.7% 14.2% 2 0.8% .9% American Indian or American Native g 1.$% 2.7°!0 Native Hawaiian or Other Pacific Islander 123 25.3% 6.6% Multi -Racial Total 487 , f Hispanic 65 13.3% 16.2% Not Hispanic 422 86.7% 83.8% During the program year, CDBG funds assisted 487 persons. Twenty-five percent of the persons served were multi -racial, 47% white, 22% African-American, and 3% where Asian. Thirteen percent of the persons served were Hispanic. According to the Census, the population in the City of Federal Way is 51.6% white, 16.2% Hispanic, 14.2% Asian, 9.7% African American, and 6.6% are Multi -racial. African Americans and multi -racial families are disproportionately represented amongst those in need in the City. The City will continue to work with our community partners to ensure culturally appropriate services are provided to meet the needs of our diverse citizens. In addition, we will continue to address barriers that marginalize those most in need from achieving a suitable living environment, accessing economic opportunities, and accessing decent, affordable housing. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 5 200 CR -15 - Resources and Investments 91.520(a) Identify the resources made available Table 3 — Resources Made Available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG Housing Repair Program Entitlement Grant and TOTAL $ 16,076.71 CDBG Program Income $1,492,100 $777,397.94 General Fund Human Services Grants $516,000 $497,497 The City expended about 58% of its available CDBG resources during the third program year of the consolidated plan (2017). Program Income The resources made available (see Table 3 above) included program income. The City received the following program income during the program year: Program Income Resource Program Description Program Income CDBG Microenterprise Business Loan (IDIS Activity # 63, PY2013, Project ID #10) $ 4,200.00 CDBG Housing Repair Program $11,876.71 TOTAL $ 16,076.71 In 2013, the City utilized funds for a Microenterprise Business Loan program to expand economic opportunities. A loan of $18,500 was awarded to Universal Cartridge LLC for equipment purchase. During the 2018 program year, the City received monthly loan payments totalling $4,200. These funds were used to support the City's CDBG program via funding of eligible activities. The City operates the Housing Repair Program, which offers zero percent interest, deferred loans. Loans are payable upon refinance or sale of the home. In 2018, three loans were repaid resulting in $11,876.71 in Program Income. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 6 201 Identify the geographic distribution and location of investments Table 4 — Identify the geographic distribution and location of investments Target Area Planned Percentage ofActual Percentage of Narrative Description Allocation Allocation Most of the City's CDBG funding during the Program Year was Citywide except for the following: CDBG City Code Enforcement (Compliance) The CDBG City Code Enforcement (Compliance) program was implemented only in those areas of the City where 51% or more of the residents were low income and that were showing signs of detioration. (See map, Perecentage of Low to Moderate Income by Block Group for the City of Federal Way). In addition, CDBG Code Enforcement must be in areas of deterioration defined as one or more of the following conditions: • A significant number of documented graffiti tags within the prior year; • A significant number. of existing code violations and/or complaints; • The presence of vacant or abandoned buildings as determined by periodic field observations; • The presence of unsafe structures or buildings in severe disrepair affecting the overall appearance of the neighborhood as determined by periodic field observations; • Unkempt outdoor landscaping, trash enclosures or cans, discarded furniture, indoor furniture, or appliances being used in the outdoor areas as determined by periodic field observations or complaints; and • Deleterious land uses as determined by higher area crime statistics. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 7 202 The City has other public or private improvements, rehabilitation, or other programs/services that, together with CDBG Code Enforcement, may be expected to arrest the decline in the area: • Housing Repair Program (City's "HRP"); • Graffiti Removal Program; • Community Education on Code Enforcement; and • Other City and community partner investment in redevelopment or rehabilitation projects (e.g., Habitat for Humanity Exterior Housing Repair Program). North Federal Way Neighborhood Revitalization Strategy Area (NRSA) The City established a Neighborhood Revitalization Strategy Area (NRSA) Plan for North Federal Way that was approved by HUD late in the 2016. Seventy-two percent (72%) of those living in the NRSA are low- to moderate -income, over half are from a minority group, and over a third of the residents are under the age of 18. The City will bring the North Federal Way community together to collectively design and implement the programs and projects that will address identified needs included in the plan. In 2018, the continued to work with the Build the Bridge coalition on how to best bring services to the NRSA. This included prioritization of activities for the coalition and support of the City as it prepares to implement a streeting lighting project and baseline survey The streetlighting (City of Federal Way NRSA within Federal Way a Q ,UkKaoi K Qea K rt i aos�ea' y S 288TH ST _. —T i tip 10 lot ' Is q Va j SW 320TH W j Federal r..Vrar�r NORTH SHORE i,_P0 <-..,. .. n, 'SIV CAMPUS J"s0 336TH ST ' " '• -fine- _ Tm,oma° > 3SFsTH sa , •'1'. i� SW 336TH ST„�....,...•i, a Legend Q Cay Limits NP. SA Boundary • �,.�• • King County Bcwza+y Tn map+s intended io, wsa i Federal My ae a City of a rep i Wayaaon- 'itte Cih of Federal Way makes no'rananty as to As accuracy R ttact�•F:.�C1L' >1FSa•bi4;NR]1CAr_.vnc, 3r.� project was delayed due to the delay in funding as was rehabilitation of an affordable housing complex in the NRSA. Both projects will complete in 2019. Additionally, the City completed a competitive funding process to allocate 2019 funds to the NRSA to address economic opportunities and preservation of affordable housing. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 8 203 Leveraging Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction were used to address the needs identified in the plan. In addition to the City's general fund grants, the City was able to leverage $215,654.20 in private, state, and local resources. There is no publicly owned land or property located within the jurisdiction that was used to address the needs identified in the plan. CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle-income persons served. Table 6 - Number of Households Supported OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 9 204 One -Year Goal Actual Number of households supported 0 1,719 through rental assistance Number of households supported 0 0 through the production of new units Number of households supported 16 22 through the rehab of existing units Number of households supported 0 0 through the acquisition of existing units Total 1,741 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 9 204 Discuss the difference between goals and outcomes and problems encountered in meeting these goals. With the City's Housing Repair Program, seven households received vital home repairs and Habitat for Humanity served sixteen households with repair. The City's project has an additional two households that either have completed or will be completed in 2019. In 2017, Habitat for Humanity acquired a single family home in Federal way and began the process of rehabilitating the home. Rehab finished in June of 2018 and it was resold at an affordable price to a four person low-income household from Federal Way. Through various partnerships, we successfully provided rental assistance to 2,251 households: King County Housing Authority (KCHA) provided 1,700 Section 8 Housing Choice Vouchers; The Multi -Service Center assisted 65 individuals from 19 households with their emergency program (CDBG funded); and 483 households were assisted by Catholic Community Services, St. Vincent de Paul, and Federal Way Community Caregiving Network (all funded with City Human Services General Fund grants). The program helps people with basic needs including rent assistance, meals, hygiene products, socks, blankets, jackets, and laundry. KCHA holds the Moving to Work (MTW) designation and, therefore, has more flexibility in the use of their resources than non-MTW housing authorities. We are fortunate to have a housing authority with such high designation to partner with to provide affordable housing choice to residents. KCHA's goal to expand access to high opportunity neighborhoods has led to residents with Housing Choice Vouchers being able to relocate to neighborhoods with higher performing public schools and easier access to employment, and job training opportunities. Through the Community Choice Program, KCHA provides counseling and services that help families with young children make informed and appropriate choices about new neighborhoods. With the implementation of the new multi -tiered payment standards, KCHA has enabled Housing Choice Voucher subsidies to reflect the true market rents in our diverse region. Federal Way residents with Housing Choice Vouchers have more affordable housing options since their subsidy is in line with the city's current market rental and utility rates. KCHA's Payment Standards example for Federal Way* Studios 1 OR 2 8R 3 OR 4 OR 5 OR 6 OR $1,010 $1,220 $1,490 $1,940 $2,470 $2,840 $3,210 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 10 205 *Payment standards are based on zip code. The payment standards included are for the 98003 zip code and may vary slightly from other zip codes. The standards included took effect on January 1, 2019. Discuss how these outcomes will impact future annual action plans. The City is committed to affordable housing opportunities for residents. The City will continue to invest in the preservation of existing housing, especially for owner -occupied low- and moderate- income residents. The City continues to work with a variety of agencies to ensure any needed services are available to residents of affordable housing properties. With the completion and HUD approval of the North Federal Way NRSA Plan, future CAPERS will include programs and projects to address preservation of affordable housing and services to help residents remain in their housing. Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low-income 85 0 Low-income 364 0 Moderate -income 45 0 Non-Low/Moderate 0 0 Total 487 -J 0 IaoleI- INUI[IWcl V1rC.DV._".- The City expended the majority of its CDBG funds during the Program Year to provide assistance to low and very -low income residents. Of the activities required to serve clients that are low- and moderate - income, a total of 487 persons were assisted. (Note that planning and administrative activities are exempt from the low- and moderate income activity calculation). Nine percent of those served were moderate -income, 74% were low-income, 17% were extremely low-income, and 0% were non- low/moderate income. The City will continue to work with community partners to serve low and extremely low-income residents. In addition, the City will continue partnerships to provide services that help special needs population, (persons with disabilities, homeless, etc.) to live independently. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 11 206 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs All Home Kine County Strategic Plan The City is not a direct service provider. However, working with our community partners, the City provides funding to agencies that work in concert with All Home King County, the countywide effort to end homelessness. Part of the All Home Strategic Plan is a coordinated entry system where there are regional access points for homeless persons to get immediate assistance including assessment. The regional entry points enable homeless persons to have easier access to assistance. Under the previous system, intakes for assessments were at a few locations. With the regional Homeless Management Information System (HMIS) and the regional coordinated entry system, homeless persons have easier access to intake, assessments, and case management. With the completion of the coordinated entry regional access system, we are hopeful that more homeless in Federal Way will have access to shelters countywide, in addition to immediate case management. One of the City's invaluable community partners, Multi -Service Center (MSC), was designated one of the regional intake centers. With an on-site food bank, ability for intake, and immediate referral, we are excited about MSC services to assist the homeless in the City and our region. City Homeless Services/Planning The City of Federal Way continues to face increases and changes to homelessness. In 2017, the City convened the Hornless Mothers and Children Initiative to work on filling a gap for emergency shelter for families. The Initiative worked on various solutions by engaging local service providers and the faith community. The Initiative's work in Program Year 2017 led to the opening of a cold weather shelter for families at a local church, New Hope Christian Fellowship. The shelter ran through the beginning of April of 2018. The City recognizes that encampments and increases to homelessness in the region are leading to increases in concerns about property and other effects on the community. While the City continues to work with private property owners on reducing encampments and their effects, the City recognizes that this is not a strategy to help residents move out of homelessness. The City started a Homeless Taskforce in 2018 with the goal of developing a strategic plan including how the City of Federal Way is part of the regional crisis and regional strategies. The report was issued in December of 2018 and the City is pursuing prioritization of the strategies and activities and ways to best implement the plan. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 12 207 I South King County Housing and Homelessness Partnership The City of Federal Way is participating with nine other cities in South King County to act cooperatively in an undertaking to support affordable housing and efforts to address homelessness. The undertaking is the South King Housing and Homelessness Partners (SKHHP) which is expected to begin operating in the spring of 2019. SKHHP will formulate affordable housing policies and strategies that address housing stability, foster efforts to preserve and provide affordable housing by combining public funding with private -sector resources, support implementation of the goals of the Washington State (the "State") Growth Management Act and related countywide planning policies, and seek means to address the causes and effects of homelessness. Other Community Responses The concept of Safe Parking, while controversial, is recognized by many homeless providers as an emergency housing solution for homeless individuals and families who utilize their vehicles as shelter. A Walmart and another grocery retailer in the City allow homeless persons to park their vehicles overnight in the store parking lot and utilize the store restrooms. The 24-hour store is located in the heart of downtown and in proximity to Pacific Highway (Highway 99), Interstate 5, and public transportation. Homeless persons staying in their vehicles are able to register and then allowed to stay for a few nights at a time. During the program year, both public libraries in the City and the main lobby of the Federal Way Community Center were available to be opened during inclement weather. The libraries serve a need by offering meals and information and referrals to local services such as the Day Center. The Community Center was made available as a warming center on the coldest days or during severe weather. The Center includes a small cafe, fire place, and cafe seating and is open until 9 PM on most weeknights, providing a safe place for persons with access to shelter from the weather during day time hours in periods of inclement weather. New Hope Christian Fellowship continued to offer overnight shelter in severe weather to adults and an occasional family. With community partners, mapping of the regional emergency services is underway. The referral resource line 211 maintains real-time services and programs to aid those in need. During the Program Year, 211 utilized $10,000 in City general funds to provide information and referral to 5,480 Federal Way residents. Addressing the emergency shelter and transitional housing needs of homeless persons The City annually provides general funds to support a variety of human services programs. During the Program Year, the City expended $64,250 in general funds to programs that provided 3,491 shelter bed nights, and 3,940 bed nights of transitional housing to 129 individuals. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 13 208 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs In addition to CDBG funds, the City provided general funds for homeless prevention including: • $57,600 for programs that provided rent and utility assistance to 1,728 individuals to prevent homelessness; • $30,000 for childcare, after school programs, mentoring, education, employment programs, case management, and other services for over 1,735 youth; • $78,910 for 1,780 hours of mental health counseling and substance abuse treatment to 488 youth and their families; • $53,740 to provide 29,989 medical service visits and 515 hours of therapies to 9,217 individuals and 9,331 dental care visits to 3,549 persons; • $10,000 for 471 shelter bed nights for 12 individuals fleeing domestic violence; • $5,000 to assist 1,069 individuals in 551 households with 1,092 hours of legal assistance and case management to address eviction; • $42,000 to provide 10,454 individuals with 22,109 visits to the food bank; • $5,000 for 9,432 meals for 1,002 Federal Way residents who, without assistance, would not have enough food; • $21,000 to assist 285 persons with sexual assault services including 1,677 hours of advocacy; • $53,000 to provide 1,552 persons with housing repair and chore assistance, meals, transportation, and day health services in order to help older adults and persons with disabilities remain in their homes; and • $15,000 to assist 293 persons fleeing domestic violence with 1,450 hours of counseling, case management, and/or advocacy. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Many of the City's funded programs in the previous question provide services to prevent individuals and families who were recently homeless from becoming homeless again. To combat family homelessness, King County Housing Authority expanded its Student and Family Stability Initiative (SFSI) with Highline OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 14 209 School District (located in South King County). SFSI is part of our countywide Rapid Re -Housing program that provides homeless students and their families with short-term rental assistance, security deposits, and individualized case management and employment services. SFSI has been effective in stabilizing children in the classroom and reducing school district McKinney-Vento mandated transportation costs. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 15 210 CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public housing developments, one subsidized housing property, and a moderate income apartment complex within the City limits. The waiting list for public housing is several years long. Waiting list preferences are for those who are homeless or at -risk of losing housing, living in substandard -condition housing, at or below 30% of the area median income (unless you already receive a rental subsidy), and paying more than 50% of household income on rent and utilities. Priority is for families with children, age 55+, and/or disabled • Evergreen Court —for families, persons with disabilities, and seniors age 55+. Unit mix: 22 - 2 BR/1BA, and 8 — 3 BR/1 BA. The garden variety complex is comprised of garden style adjoining bungalows and two-story structures. Evergreen Court is on a quiet cul-de-sac in proximity to the Commons Mall and public transportation (along Pacific Highway South). Amenities include unit laundry hookups and patios. • Federal Way Homes—for families, persons with disabilities, and seniors age 55+. Units: 3 — 3 BR/113A. The three single-family homes are located on quiet, residential neighborhoods scattered in the Northern parts of the City. Each home features carpeting, washer and dryer hookups, and large yards. Proximity to shopping, transportation, schools, etc., varies. These units are restricted to current Housing Authortity residents in good standing. • Kings Court — for families, persons with disabilities, and seniors age 55+. Units: 21— 2 BR/1 BA, 9 — 3 BR/1.5BA. Located just minutes from the Commons Mall and other major shopping, the quiet woody streets of Kings Court are three blocks from a major transportation corridor, Pacific Highway South (Highway 99). Amenities include backyard patios, community building with onsite laundry, and a neighborhood park cross across the street. • Laurelwood Gardens is a subsidized development complex for families, persons with disabilities, and seniors age 55+. Laurelwood Gardens is managed by a private company. There are 60 — 2 BR/16A, 23 — 3 BR/1 BA, and 8 — 4 BR/1.5 BA units. Located within the North Federal Way NRSA, the property is beautifully landscaped and full of amenities. Pedestrian improvements are needed for access to Metro Transit bus routes on Pacific Highway (about five blocks to the West) and S. 288th St. (about eight blocks North). There are limited pedestrian walkways and very low visibility with the winding roadway. Section 8 Housing Choice Vouchers are accepted at Laurelwood Gardens and there is no waiting list. • Cove East is a moderate -income complex serving families, individuals, persons with disabilities, and seniors age 55+. Cove East is also managed by a private company. The apartment complex is for those who can almost afford market rate housing. Tenants pay a flat rent, not a percentage of their income. Unit mix: 48 — studio/1 BA, 72 —1 BR/1 BA, 24 — 2 BR/1 BA, and 46 — 2 BR/213A. According to property management, there are roughly 500 households on the waiting list; about twenty-four months wait for an available unit. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 16 211 During the Program Year, KCHA provided 1,700 Section 8 Housing Choice Vouchers to Federal Way residents. The Voucher program provides a subsidy to low-income households. Participants locate their housing either in the private market or some subsidized properties. The City Community Development Staff are active participants in the South King County Joint Planners and Development Work Group. The Work Group includes KCHA, local jurisdictions, developers, and others who want to affect housing policy, development, and similar issues within the region. City staff continues to support and provide input on KCHA administration, policies, and programs through the Work Group. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City continues to work with KCHA to include residents of public housing and Section 8 Housing Choice Vouchers in KCHA administration and property management. The City supports KCHA Resident Services and their efforts to enroll residents in the Family Self -Sufficiency (FSS) program which includes homeownership opportunities. At the end of the program year, over 40 Federal Way residents were active in the FSS program Residents of KCHA services are encouraged to participate on the KCHA Resident Advisory Committee (RAC). The Committee is representative of residents in a variety of KCHA programs. It meets regularly to provide feedback to KCHA officials. The Committee's input helps KCHA develop better policies and procedures that impact residents. A voice for resident communities, the RAC meetings are open to the public and are geographically formed to ensure large participation. The North and Eastside RAC meet as one group in the North or East part of the county. The South RAC meets at various sites in the south part of the County. Joint RAC meetings are held at least twice a year at the KCHA administrative building. KCHA management solicits input from the RAC in the development of the Annual Moving to Work report including establishing priorities, ideas on proposed programs and initiatives, and reviewing accomplishments. KCHA is one of only 39 public housing authorities (PHAs) that are part of HUD's Moving to Work (MTW) demonstration program. MTW provides PHAs the opportunity to design and test innovative, locally - designed strategies that use Federal dollars more efficiently, help residents find employment and become self-sufficient, and increase housing choices for low-income families. MTW gives PHAs exemptions from many existing public housing and voucher rules and more flexibility with how they use their Federal funds. KCHA has participated as an MTW agency since 2003. Actions taken to provide assistance to troubled PHAs KCHA is a high performing public housing authority. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 17 212 CR -35 - Other Actions 91.220(j) -(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) Federal Way Community Development staff meets regularly to monitor regulations, ordinances, policies, zoning, building codes, and development fees to ensure the requirements do not create an unnecessary or extraneous barrier to affordable housing. In addition, the City participates in the South King County Joint Planners and Development Work Group, and the Puget Sound Regional Council (PSRC) to identify and eradicate regional policies that constrain affordable housing. City of Federal Way Affordable Housing Availability % of Area Median % Affordable Needed % of Affordable % of affordable % of All Income (AMI) to meet WA State Renter Owner Occupied Units Growth Management Occupied Units Occupied Units Deemed Act (GMA) Affordable 51-80% (Moderate) 16% 37.2% 24% 26.2% 31-50%(Low) 12% 41.7% 4.2% 20.4% 30% & Below (Very / 12% 3.5% 1% 2% Extremely Low) Sum 82.3% 29.2% 48.6% Source: U.S. Census Bureau, 2010-2014 American Community Survey 5 -year Estimates The Growth Management Act (GMA) requires that the city identify sufficient land for housing, including, but not limited to, government -assisted housing, housing for low-income families/persons, manufactured housing, multi -family housing, group homes, and foster care facilities. It also requires the plan to provide for existing and projected housing needs for all economic segments of the community as illustrated in the table above. Many of the City's multi -family housing units are more than twenty years old and some are in need of major rehab. This is certainly the case for the majority of the 1,273 mobile homes within the City limits. With 82% of the city's multi -family housing affordable to moderate and lower income households, housing preservation is a priority for the City. While the City exceeds the requirements for affordable housing for low- and moderate -income residents, there is still a need to provide housing for very low income groups in accordance with the GMA. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 18 213 The Federal Way School District, which provides education for Federal Way and some adjacent jurisdictions, increased the school impact fee for multi -family units in Federal Way to $20,086 per multi- family dwelling unit for 2018.The District increased the fee for single family dwelling units to $6,842 per unit. The new fees may be a barrier to the development of new affordable housing. The City Council began considering tenant protection policies such as rental inspection programs in fall of Program Year 2017: Potential policies were evaluated in 2018 and the evaluation will continue into 2019. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) During the Program Year, the City utilized CDBG to fund three public services programs that meet the needs of underserved communities: • Inclusion Program received $35,246 to provide 244 persons with disabilities scholarships to take multiple life skills classes that prepare them to live independently; and • Employment Services Program received $10,400 to assist six disabled persons with job readiness and placement assistance, two of whom were placed in jobs by the end of the year. (Orion is the City's partner in providing employment training and placement assistance to disabled persons). Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) All housing rehabilitation projects complied with the lead-based paint requirements. As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) During the Program Year, CDBG funds provided emergency rent assistance to 65 low-income persons in the City to help them remain in their housing. Highline Community College received $87,000 in CDBG funds to assist 93 clients with technical assistance that resulted in eight new businesses and jobs and assisted 12 existing business while an additional 73 potential startups received assistance. Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff continued to share information and resources through their attendance at meetings of the South King County Regional Human Services Planner's meetings. The City's Community Services staff continued to meet with Highline College SBDC and Start Zone staff to provide technical assistance to entrepreneurs interested in starting new and expanding existing business. CDBG Program staff posted CDBG Program materials and announcements, such as the availability of the Environmental Review Record, Annual Action Plan, CAPER, and NOFA documents in the local newspaper and on the City's website, www.cityoffederalway.com, and distributed copies of all materials when OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 19 214 available to the general public, non-profit organizations, and elected officials. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is comprised of local planners, social service agencies, human services organizations, and public housing authority staff. The purpose of the group is to coordinate efforts to ensure relevant and culturally appropriate human services are made available to those most in need within the region. The City staff will continue involvement with the SKCHS to improve the coordination between public and private housing and social service agencies. During the program year, three SKCHS members including the City of Federal Way undertook a pilot funding process to support small organizations that specialize in serving under -served, under- represented, and/or under resourced populations. As part of the pilot process, the participating cities dedicated a small portion of their 2017-2018 general fund human services budgets for small organizations (budget up to $200,000), that serve racially, ethnically, and disadvantaged residents. Additionally, the pilot process is to help South King County funders gain a better understanding of the needs of the organizations it is targeting, both from an organizational capacity perspective, and cultural engagement and competency perspective. The cultural competency aspect is about both the funders and the agencies; in order to serve them better, it is important to more fully understand how cities can respectfully engage agencies and how they engage the communities they serve. The pilot process incorporated a simplified application process. This pilot process fosters inclusiveness by widening the funding distribution list to provide opportunities to organizations that have historically been left out. The Seattle Foundation joined the partnership to provide matching funds for the organizations that are awarded funding through this pilot. The City funded five programs with five organizations. The City committed to the pilot for a second two-year cycle. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) During the Program Year, the City provided $5,000 in general funds to the King County Bar Foundation to support the Pro Bono Services Housing Justice Project and Neighborhood Legal Clinics. The Pro Bono Services (PBS) utilizes volunteer services of roughly 1,300 attorneys to provide free legal services to low- income tenants. Program services include: • Assessments of client's individual legal needs, • Advice and education regarding rights and responsibilities, and • Representation to resolve legal matters. The PBS program thrives to eliminate the barrier of inadequate access to legal assistance for OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 20 215 economically disadvantaged and immigrant populations, a barrier identified in the Analysis of Impediments to Fair Housing Choice. As a result of the free legal assistance, the PBS program is able to prevent homelessness, provide family safety and stabilization, and assist marginalized individuals in navigating the legal system as they seek to preserve basic human needs. in addition, the King County Bar Association is dedicated to increasing the diversity in the legal profession to ensure clients receive culturally relevant services. Over 551 households (1,069 individuals) were assisted with 551 hours of legal services and 541 hours of case management. More than half of the households assisted obtained counsel and advice, which can be the most effective service because it can prevent an eviction filing. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 21 216 CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements During the Program Year, all CDBG Public Services programs received desk monitoring and most had onsite monitoring. While most of the programs were meeting goals and maintaining required documentation, some recommendations about processes were recommended as a result of the monitoring. There were no findings or reduction/elimination of sub -recipient funding as a result of the monitoring. Monitoring of all CDBG projects and activities was conducted on a frequent basis throughout the Program Year. The Public Services activities were monitored in terms of outcomes, goals, and supporting documentation. Reports were reviewed to ensure that contract targets were being met, demographic information was being collected, and expenditures were reviewed. The remote monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non-compliance. The City monitored every project as part of the City implemented Housing Repair Program and Habitat for Humanity's Neighborhood Repair/Critical Revitalization. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record. Citizen comments and suggestions are being encouraged regarding development of the Program Year CAPER during the 30 -day public comment period that began Friday, February 15, 2019 and will end Tuesday, March 19, 2019. Citizen comments were encouraged for submission via telephone, letters, email, in person, and mail. The draft CAPER was emailed to many agencies and community partners. Public hearings regarding the CAPER will be held at the February 25, 2019 Human Services Commission and the City Council meeting on March 19, 2019. The CAPER is posted on the City's website at www.cityoffederalway.com during the public comment period. A hard copy of the CAPER is made available at City Hall and both public libraries in Federal Way. No public comments have been received to date. Any comments received will be incorporated into the final CAPER. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 22 217 CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. N/A Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? ►0 [BEDI grantees] Describe accomplishments and program outcomes during the last year. N/A OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 23 218 Attachment A PR 26 CDBG Financial Summary Report for Program Year 2018 219 PART 1: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 751,022.79 02 ENTITLEMENT GRANT 721,159.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 16,076.71 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 3,841.25 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE (SUM, LINES 01-07) 1,492,099.75 PART II: SUMMARY OF CDBG EXPENDITURES 0.00% 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 716,827.63 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT (*removed 2017 expenditures) (190,450.76) 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 526,376.87 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 102,189.99 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 159,000.00 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES (*removed 2017 expenditures) (10,168.92) 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 777,397.94 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 714,701.81 PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 716,827.63 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT (*removed 2017 expenditures) (190,450.76) 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 526,376.87 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 100.00% LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY)COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 166,967.93 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS (*removed 2017 expenditures) (75,328.02) 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 91,639.91 32 ENTITLEMENT GRANT 721,159.00 33 PRIOR YEAR PROGRAM INCOME 8,123.51 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 729,282.51 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 12.57% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 102,189.99 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 25,000.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS (*removed 2017 expenditures) (10,168.92) 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 117,021.07 42 ENTITLEMENT GRANT 721,159.00 43 CURRENT YEAR PROGRAM INCOME 16,076.71 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 737,235.71 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 15.87% LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 220 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 voucner macnx nauonar Drawn Amount Plan Year IDIS Project IDIS Activity Activity Name Activity Name 05B LMC $35,246.00 2018 3 171 6231221 Services/Activities for Disabled Adults 2018 2 169 6204074 Planning & Administration 21A $1,000.00 2018 056 Matrix Code $35,246.00 2018 6 173 6231221 MSC Education and Employment Services 05H LMC $10,400.00 2018 7 174 6231221 Orion Employment Services 05H LMC $10,400.00 2018 10 176 6231221 ANEW Employment Services 05H LMC $5,778.00 Total OSH Matrix Code $26,578.00 2018 8 175 6231221 Pediatric Interim Care 05M LMC $6,934.00 OSM Matrix Code $6,934.00 2018 9 172 6231221 Rental Assistance 05Q LMC $22,881.91 OSQ Matrix Code $22,881.91 2016 3 150 6117436 PHANIVONG 30118 11TH PL S (*accounting correction) 14A LMH ($1,692.87) 2017 1 157 6197514 Housing Repair Program 14A LMH $14,676.71 2017 1 157 6200753 Housing Repair Program 14A LMH $17,514.44 2017 15 159 6202375 Neighborhood Revitalization/Critical Repair 14A LMH $89,694.71 2017 15 159 6231287 Neighborhood Revitalization/Critical Repair 14A LMH $63,034.55 2018 1 168 6200748 Housing Repair Program 14A LMH $13,453.41 2018 1 168 6231336 Housing Repair Program 14A LMH $10,295.46 14A Matrix Code $206,976.41 2018 5 170 6202375 Code Enforcement IS LMA $57,000.00 2018 5 170 6231221 Code Enforcement 15 LMA $19,000.00 15 Matrix Code $76,000.00 2018 11 177 6231221 Highline Economic Development Program SSC LMC $87,000.00 ISC Matrix Code $87,000.00 2013 13 147 6197698 PAEC Section 108 Planned Repayment - Interest 24B LMJFI $47,060.88 2013 13 147 6231287 PAEC Section 108 Planned Repayment -Interest 24B LMJFI $17,699.67 24B Matrix Code $64,760.55 $526,376.87 Total LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 voucner macnx nauonaI Drawn Amount Plan Year IDIS Project IDIS Activity Activity Name Activity Name OSB LMC M $35,246.00 2018 3 171 6231221 Services/Activities for Disabled Adults 2018 2 169 6204074 Planning & Administration 21A $1,000.00 2018 056 Matrix Code $35,246.00 2018 6 173 6231221 MSC Education and Employment Services 05H LMC $10,400.00 2018 7 174 6231221 Orion Employment Services 05H LMC $10,400.00 2018 10 176 6231221 ANEW Employment Services 05H LMC $5,778.00 Total OSH Matrix Code $26,578.00 2018 8 175 6231221 Pediatric Interim Care 05M LMC $6,934.00 05M Matrix Code $6,934.00 2018 9 172 6231221 Rental Assistance 05Q LMC $22,881.91 05Q Matrix Code $22,881.91 $91,639.91 Total LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 221 voucner MUD[ naoonar Drawn Amount Plan Year IDIS Project IDIS Activig Activity Name 2018 2 169 6202375 Planning & Administration 21A $64,764.24 2018 2 169 6204074 Planning & Administration 21A $1,000.00 2018 2 169 6231221 Planning & Administration 21A $700.00 2018 2 169 6231326 Planning & Administration 21A $25,556.83 21A Matrix Code $92,021.07 $92,021.07 Total 221 Attachment B City Council Approval of City of Federal Way 2018 CAPER 222 To be added after Council action. 223 Attachment C Affidavit of Publication City of Federal Way 2018 CAPER 224 CITY OF FEDERAL WAY MEMORANDUM DATE: March 12, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, IT Manager SUBJECT: Broadcast of PRSHPS Committee Meetings — INFORMATION ONLY Financial Impacts: Currently there is no budget item to provide additional staff for broadcasting committee meetings. The City currently pays a videographer $29/hr (plus benefits) for video services outside of City Council and School Board meetings. No additional overtime or videographer hours have been budgeted in the 2019/2020 Approved Budget. Background Information: Prior to 2009, IT staff broadcasted three meetings; City Council, School Board, and Land Use and Transportation Committee. At the time the IT Department was staffed with 10.6 FTE. In the 2009 adopted budget, there was a reduction of 0.6 FTE IT staff. With those cuts, the LUTC Meeting was dropped from being broadcast. In the years that followed, IT staff has been further reduced to a current total of 7.0 FTE. At this time, IT staff is barely able to accommodate the current City Council and School Board meetings. This is managed by operating a rotating calendar of staff and flexing those staff s hours accordingly (shifting their time from their daily professional tasks into the evening to operate the cameras and control board). Please see the corresponding chart of the YouTube streaming statistics for the Council Meetings from the end of last year (during budget time) and so far this year. The "average concurrent viewers" is the average amount of people that were streaming the video at any given point. The "peak concurrent viewers" is the maximum amount of viewers that were streaming at a specific Page 1 of 2 point during the meeting. This also includes anyone watching, including the stream monitor in the broadcast booth, as well as any City Staff in the building or family members of staff working the meeting that evening. Council Meeting Date Average Concurrent Viewers Peak Concurrent Viewers 11/06/18 Regular 4 20 11/20/18 Regular 6 32 12/04/18 Regular 10 24 01/02/19 Special 11 12 01/02/19 Regular 5 15 01/15/19 Regular 7 13 02/05/19 Special 6 8 02/05/19 Regular 12 14 02/19/19 Special 4 7 02/19/19 Regular 8 14 03/05/19 Regular 5 11 I have discussed this topic with Mayor Ferrell and at this point we both do not support utilizing existing staff for broadcasting these meetings. Indicated above in the financial implication section, it is outlined that the City currently pays a temporary videographer $29/hr. That figure could be useful when determining if Council wants to allocate budget to film and live stream these meetings. Page 2 of 2