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PRHSPSC PKT 05-14-2019City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 14, 2019 City Hall 5:00 p.m. H lebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of April 9, 2019 Minutes MEETING AGENDA Presenter Page B. Resolution to Adopt the 2019 Parks, Recreation and Gerwen Open Space Plan C. Federal Way Youth Action Team — Capacity Building and Bridgeford Community Support Agreement D. Federal Way Youth Action Team — Progress Pushers Bridgeford Agreement E. Monthly Report on PAEC Operations Gressett F. The Humane Society for Tacoma and Pierce County Jones Agreement for Shelter and Related Services G. King County Housing Authority Agreement Hwang H. Washington Auto Theft Prevention Authority (WATPA) Hwang Automatic License Plate Reader Mini -Grant I. Puget Sound Auto Theft Task Force (PSATT) — Amended Hwang and Restated — Interlocal Cooperative Agreement Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2019\05-14-2019 Agenda.doc 3 7 15 29 43 47 61 67 71 Action or Info Action Action Action Action Update Action Action Action Action Council Date N/A Consent 5/21/19 Consent 5/21/19 Consent 5/21/19 N/A Consent 5/21/19 Consent 5/21/19 Consent 5/21/19 Consent 5/21/19 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description Presenter Info Time A. Emergency Shelter Guidelines/Criteria Honda Discussion 10 mins. B. Senior Commission Johnson Discussion 10 mins. C. Homelessness Task Force Recommendation Review Johnson Discussion 10 mins. 6. ADJOURNMENT NEXT REGULAR MEETING: June 11, 2019 Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2019\05-14-2019 Agenda.doc City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 9, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson and Committee member Moore Committee Member Excused: Committee member Koppang. Council Members in Attendance: Deputy Mayor Honda, Council member Lydia Assefa-Dawson Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Chief Andy Hwang, Commander Kurt Schwan, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Jeff Watson, Human Services Manager, Sara Bridgeford, CDBG/HS Coordinator, Thomas Fichtner, IT Manager, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant II. Guests: Brian Hoffman, Spectra Chair Johnson called the meeting to order at 5:01 pm Commission Comment: None Committee member Moore motioned to remove Item H. from the April 9 meeting agenda. Chair Johnson seconded. Motion passed. Chair Johnson motioned to move the Quarterly Crime Report after item E. Committee member Moore seconded. Motion passed. Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Moore motioned to approve the March 12, 2019 minutes as written. Chair Johnson seconded. Motion passed. 2020-2024 Community Development Block Grant (CDBG) Consolidated Plan — Information Only Staff Bridgeford reviewed the timeline for the 2020-2024 CDBG Consolidated Plan. This is the timeline to develop the plan and get through the approval process. The Consolidated Plan is the guiding document for CDBG program for the next five years. Federal Way Youth Action Team — Information Only Staff Bridgeford reported that the Federal Way Youth Action Team (FWYAT) Board of Directors took a vote on how the funds would be used for programs. They had requested $50,000 and were funded $25,000. What will be funded is the Project Pushers program; the program focuses on decreasing juvenile justice involvement and the second contract is directly with FWYAT for the services that they provide. Staff Bridgeford stated that they will come back to Council in October/November to discuss the progress that they have made, the performance on the contracts and then look at the amendment for the contracts in 2020. Family Shelter Grant Update — Information Only Staff Bridgeford reported that FUSION is proceeding with the feasibility study and acquisition of the Econo-Lodge property and have procured architectural services. They should be on track for expending the funds. In regards to the Multi -Service Center (MSC) to date they have served ten families. The K:\PRHSPS Committee\2019\04-09-2019 Mins.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 9, 2019 Summary Page 2 families that they are serving now face a number of barriers that they are working thru with limited services. The goal is to get them connected to other services. They are looking for permanent housing solutions. Wide Area Mower Replacement Staff Hutton reported that every year before mowing season this piece of equipment is taken in for its annual service. We were informed that it has transmission issues and would cost $15,000 to repair. This mower has over 2,000 hours on it. It was decided that the best decision was to replace the mower now. There is $94,575.00 in existing reserves and the additional money needed will be taken out of operations to cover the shortage. This is the piece of equipment that mows all of the large areas of the turf. Chair Johnson moved to forward the proposed replacement of a wide area mower and use of replacement reserves to make the purchase of a new wide area mower to the April 16, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. Quarterly Crime Report Chief Hwang reviewed the staffing levels of the department. They are allocated 134 sworn officer positions and they are currently down five positions. They will hire two entry level applicants. They also have two civilian vacancies. In 2020 they will hire three Transport Officers and one Jail Coordinator. Chief Hwang stated that crime is cyclical and there has been two years of crime reduction for 2017/18. His report included crime statistics, information on response time, overtime, jail services, Field Operations Division and Crime Analysis/Prevention. Chief Hwang stated that they use NIBR numbers, which requires them to keep track of 27 crimes. NIBR is recommended by the FBI; only 30% of the Police Departments across America are using NIBR numbers, the other 70% are still using the unified crime report. The Unified Crime Report only requires that you keep track of nine crimes. In order to be a Nationally Accredited you must use NIBRS, and they are one of seven agencies in the state of Washington that are Nationally Accredited. Broadcasting PRHSPS Committee Meetings Staff Fichtner provided updated information on the Council Meeting Live Stream Statistics. The updated information included 2018 statistics and total views — all time, including playbacks. The statistics also included average concurrent viewers and peak concurrent viewers. On average there is an average of 177.56 views per meeting, 6.125 concurrent viewers, and 12.15 concurrent viewers during peak time. The city has a videographer, if they were to use him, he would utilize the City's cameras, laptop and livestream equipment. He would charge $150 per meeting which would include setup and take down. There would be no production. The City would need to purchase a microphone system that would be used for Committee meetings, Council retreat and other meetings that may take place elsewhere. The cost of the microphones is $30,000. There is money for that, but it has not been appropriated. The cost for three committee meetings per month would cost $450 for a total of $5400 per year. The committee had a long discussion. The next step is Deputy Mayor Honda will meet with Mayor Ferrell regarding this issue. Performing Arts and Events Center Update Staff Gressett updated the Committee on events that took place at the PAEC for the month of March. VisitFW.com link was added to the PAEC Website. The PAEC is working to update their website. 18 Sundays were utilized in 2018. The PAEC was rented / utilized 20 out of 31 days in March. Staff Gressett reviewed the Theater rentals. Total Theater attendance was 2,677. There were two event space rentals. The General Manager and staff attended several outside events. Staff has met with four out of five local resident artist groups to discuss how to move forward with the upcoming season. Future shows are We Will Rock You and Los Lobos. Deputy Mayor Honda inquired if the PAEC increases their costs for the local resident artist groups. Staff Gressett answered that they have not increased their costs since they opened in 2017. The MOU's state that they will review a potential increase; their rent is not 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 9, 2019 Summary Page 3 changing for the 2019/2020 season. Chair Johnson asked if there was any way to increase Sunday rentals. Mr. Hoffman stated that they have spoken with numerous church organizations and they do have a Service on Eastdr Sunday. For national touring shows they are not in the market; they can get some of those shows, but most of those shows will go to much larger cities. The Jail Services Contracts are all very similar, so they were presented together. Commander Schwan presented the information Jail Services Contract — Yakima County Jail The Yakima County Jail Costs approximately $800,000 annually Jail Services Contract — Issaquah City Jail The Issaquah City Jail costs approximately $200,000 annually. Jail Services Contract — Puyallup City Jail The Puyallup City Jail costs approximately $150,000 annually. Jail Services Contract — Kittitas County Jail The Kittitas County Jail costs approximately $150,000 annually. The Issaquah and Puyallup jail have guaranteed beds. Yakima does not have a minimum bed guarantee. Yakima County Jail will be used to house inmates for extended stays and will be utilized to house most of their people; the cost is $63.00 a day and Yakima will do all of the transportation. Issaquah jail is $93.00 per day and Puyallup jail is $95.00 per day. Kittitas County is $66.00 and would be used as a backup for emergency situations. The Federal Way Police Department is hiring the three transportation officers to get them to court and back, they will be used for daily transportation. Committee member Moore motioned to move items I, J, K and L to the consent agenda. Chair Johnson seconded. Motion passed. Chair Johnson moved to forward the Jail Services Contracts for the Yakima County, Issaquah City, Puyallup City and Kittitas County contracts to the April 16, 2019 Council consent agenda for approval. Committee member Moore seconded. Motion passed. Agreement Between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to provide Grant Funding for Traffic Enforcement Chief Hwang stated they are seeking to accept a grant in the amount of $3,000 from WTSC. This grant will be used for distracted driving enforcement. Committee member Moore moved to forward the proposed WTSC Agreement to the April 16, 2019 consent agenda for approval. Chair Johnson seconded. Motion passed. MOU between Twin Lakes Plaza, LLC and the City of Federal Way Chief Hwang stated that this is an MOU for Twin Lakes Plaza which is located by Decatur High School. The owner is willing to give free commercial space at the retail center to have a Westside police substation. This is a strategically good location to have officers there. There is no cost for rent or utilities. Deputy Mayor Honda stated that when the substation was opened downtown the first year they did not have to pay rent, and then after that, they had to pay rent. She asked if this would happen at this location. Chief Hwang answered that he would not support that unless it was a small amount. They would have to evaluate it. He added that they do not pay rent at most substations. The downtown substation is a unique situation. Committee member Moore moved to forward the MOU between Twin Lakes Plaza and the City of Federal Way to the April 16, 2019 consent agenda for approval. Chair Johnson seconded. Motion passed. 5 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 9, 2019 Summary Page 4 COUNCIL DISCUSSION ON EMERGING ISSUES The Emergency Shelter Guidelines/Criteria was moved to the May 14, 2019 meeting. Senior Commission Chair Johnson visited the Federal Way Senior Center and spoke with some of the participants. They stated that they would like to see more effective two way communication with the Senior community and the City, determining and evaluating the existing resources that are currently available and identifying gaps, creating a communication pipeline with the Senior community, connecting Seniors with amenities such as facilities, services and organizations, mapping the network of Senior serving providers in the City and identifying needs as the population continues to grow. Development of a survey for Seniors, input from older adults in the city as well as service providers and establishing sustainable long term goals and visions for Seniors in the community. The goal for this discussion is to identify the next steps. Deputy Mayor Honda stated that there will be an Ad Hoc committee that will consist of Deputy Mayor Honda, Chair Johnson and committee member Moore. The Ad Hoc committee will report back to the PRHSPS committee. Deputy Mayor Honda stated that she is creating the Ad Hoc committee, because staff does not need to be present for those discussions. This was the process that was used to re-create the Youth Commission. They will get input from all of the Council members. The Mayor has not told her which department would be staffing the commission. A discussion was held on whether or not Chair Johnson and Committee member Moore could both participate in the Ad Hoc committee together. Deputy Mayor Honda has spoken with City Attorney Call and he stated that it would not be a problem. Deputy Mayor would like the Ad Hoc committee to meet once a week and come back to the May PRHSPS committee with preliminary information. The meetings will take approximately 2-3 hours each. Assistant City Attorney Rhoades will confirm that it's ok for Chair Johnson and Committee member Moore to participate together on the Ad Hoc committee. NEXT REGULAR MEETING May 14, 2019 ADJOURNMENT Meeting adjourned at 7:1Op.m. COUNCIL MEETING DATE: May 21, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION TO ADOPT THE 2019 PARKS, RECREATION AND OPEN SPACE PLAN POLICY QUESTION: Should the City Council approve the Resolution to adopt the 2019 Parks Recreation and Open Space Plan update as written? COMMITTEE: PRHSPS MEETING DATE: May 14, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks and Facilities Manager DEPT: Parks ....................... __...........................__..................................... _.........................._.......... _.............__................................................................................_........................ ......................... .$......._..... _.......... _.._................................... _...... ._........ -...... ............. _.................... ------.......... _......................... _._................... Attachments: Staff Report- attached Resolution -attached Options Considered: 1. Approve the Resolution to adopt the 2019 Parks, Recreation and Open Space Plan as written 2. Do not Approve the Resolution to adopt the proposed 2019 Parks, Recreation and Open Space Plan update and Drovide staff direction MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 7-itt Q % DIRECTOR APPROVAL: ?,/y Cou cif Initial/Date Initiaf/Date Inaoi.IU ate COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 21, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Resolution. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # 7 CITY OF Federal Way DATE: March 25, 2019 To: PRHSPS Committee FROM: John Hutton, Parks & Recreation Director RE: Staff Report regarding Parks, Recreation, Open Space Plan update Resolution Financial impacts- There is no direct financial impact of adopting the Parks, Recreation and Open Space Plan. Any future expenditure would come before the Mayor and City Council for approval. Back round In 2017, a very lengthy process was started to update the Parks, Recreation, Open Space Plan which is required to be updated every six years. This requirement is crucial to be eligible for most grants that the City depends upon for funding. This plan is also part of the greater City of Federal Way Comprehensive Plan. The consulting firm, AHBL was retained to assist the City of Federal Way to update this very detailed plan which included numerous open houses, stakeholder group meetings and detailed involvement from the Parks Commission for public input. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing the approval of the 2019 Parks, Recreation, and Open Space Plan update. WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A. RCW), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map) housing element, capital facilities plan element, utilities element, economic development element, park and recreation element, and transportation element; and WHEREAS, the Federal Way City Council adopted a Parks, Recreation, and Open Space Plan on December 3, 1991 and subsequently amended this plan on November 21, 1995; September 14, 2000; June 29, 2006; and January, 2013; and WHERAS, the Parks, Recreation, and Open Space Plan is adopted by reference in the comprehensive plan; and WHEREAS, the Parks, Recreation, and Open Space Plan is consistent with the City of Federal Way's existing land use policies contained in the Federal Way Comprehensive Plan, the Federal Way Revised Code and Zoning Map; and WHEREAS, the Parks, Recreation and Open Space Plan is consistent with the GMA as it contains the following components: (a) an inventory showing the location and capacity of existing capital facilities; (b) a forecast of future needs per capital facility; (c) the location and capacity of proposed new or expanded capital facilities and (d) a six-year capital improvement plan identifying sources of public money to fund these improvements; and Resolution No. 19 - 0 Page 1 of 5 Rev 1/19 WHEREAS; the City of Federal Way, through its staff, Parks Commission, Parks Committee, and full City Council has received, discussed, and considered the testimony, written comments and material from the public, as follows: 1. The City's Parks Commission held a public hearing on the plan updates to the Parks, Recreation, and Open Space Plan on February 7, 2019 after which it recommended approval of the proposed plan; and 2. The Parks, Recreation, Human Services, and Public Safety Committee of the Federal Way City Council considered the proposed amendments on April 9, 2019 which it recommended approval to the full City Council; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings. A. The proposed amendments to the Parks, Recreation, and Open Space Plan as set forth in Exhibit A attached hereto, is an update to the 2013 plan that has updated both the text and maps of the plan. This includes accomplishments since 2013 and future planned projects. It also updates the population profile of Federal Way and the parks inventory, and reclassifies some of the park to better reflect their function. The level of service for all parks by category has been recalculated and the Six-year Capital Improvement Plan has been revised to the 2019-2025 period. This process has included briefings and working sessions with the Parks commission and the Parks, Recreation, Human Services and Public Safety Committee of the Federal Way City Council. The proposed amendments will, therefore, benefit the neighborhood, City, and region and bear a substantial Resolution No. 19- Page 2 of 5 Rev 1/19 relationship to public health, safety and welfare are in the best interest of the residents of the City and are consistent with the requirements of RCW 36.70A and the un -amended portion of the Federal Way Comprehensive Plan. B. Parks and Recreation facilities are essential in maintaining and enhancing quality of life in the City. The new and improved facilities recommended by the 2013 Parks, Recreation and Open Space Plan provide a basic service for the residents of the City and surrounding areas and should be treated as such by the City of Federal Way in its policy and resource commitments. C. Implementation of the "core values" of the 2019 Parks, Recreation and Open Space Plan, such as retaining and improving existing open spaces and facilities; encouraging walking and biking through an integrated trail and sidewalk network; providing areas for friends and neighbors to gather, meet, and socialize; and providing a balance of services for a diverse population will benefit the neighborhood, City, and region. Section 2. Parks, Recreation and Open Space Plan Adoption. The Parks, Recreation and Open Space Plan, as previously amended in 1991,1995,2000,2006 and 2013, copies of which are on file with the office of the City Clerk, hereby is amended as set forth in Exhibit A attached hereto. Section 3. Amendment Authority. The adoption of the Parks, Recreation and Open Space Plan amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Resolution No. 19 - 11 Page 3 of 5 Rev 1/19 Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. Resolution No. 19 - [signature page to follow] CITY OF FEDERAL WAY: 12 Page 4 of S Rev 1/19 JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM, J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19 - 13 Page S of 5 Rev 1/19 This Page Left Blank Intentionally 14 COUNCIL MEETING DATE: May 21, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY YOUTH ACTION TEAM — CAPACITY BUILDING AND COMMUNITY SUPPORT AGREEMENT POLICY QUESTION: Should City Council authorize the Mayor to enter into an agreement with the Federal Way Youth Action Team for grant funds totaling $13,500.00. COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: May 14, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: Community Development Coordinator Attachments: Staff Report Federal Way Youth Action Team — Capacity Building and Community Support Agreement Options Considered: 1. Authorize the Mayor to enter into an agreement with the Federal Way Youth Action Team for the Capacity Building and Community Support program. 2. Do not direct the Mayor to enter into an agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 5 !" Initial/Date DIRECTOR APPROVAL: ` S Z/%g Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the May 21, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Federal Way Youth Action Team — Capacity Building and Community Support Agreement, and authorize the Mayor to execute 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 # 15 CITY OF FEDERAL WAY MEMORANDUM DATE: May 1, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: Federal Way Youth Action Team — Capacity Building and Community Support Agreement Financial Impacts: The cost to the City for Federal Way Youth Action Team was included within the approved budget under the City Council budget in the amount of $25,000.00. In accordance with the approved budget, this item is funded by General Fund. The allocation to the Federal Way Youth Action Team will be presented for approval in two contracts, including the Federal Way Youth Action Team — Capacity Building and Community Support Agreement. Upon accomplishment of performance targets established in the 2019 agreement, the Federal Way Youth Action Team — Capacity Building and Community Support Agreement may be amended to include $13,500.00 in 2020. Background Information: The City Council allocated $25,000 to the Federal Way Youth Action Team as part of the 2019 budget. The Federal Way Youth Action Team had initially requested $50,000. With the reduced funding, they decided to pursue two programs, including Capacity Building and Community Support at $13,500.00 for 2019. Capacity building and community support will focus on youth development and violence prevention. Two components will be provided: 1) Critical Incident Response will increase understanding and awareness when a violent incident occurs involving youth. To achieve this, the Federal Way Youth Action Team will develop a protocol and tools on de-escalation. After the protocol is developed, the agency will provide community education on protocol implementation. 2) Capacity Building and Community Support: the Agency will build partnerships to improve youth development services and strengthen community engagement with focus on underserved and underrepresented communities and will host a minimum of two events. Following the third quarter, staff will present a report to City Council. If the Capacity Building and Community Support program is on track to meet 2019 performance targets, staff will propose to City Council a contract amendment to extend the contract through 2020. 16 Rev. 7/18 CITY OF CITY HALL '' 33325 8th Avenue South Federal Way, WA 98003 Federal May -6325 (253) 835-7000 www o"ffederalway cam HUMAN SERVICES AGREEMENT FOR CAPACITY BUILDING AND COMMUNITY SUPPORT This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Youth Action Team, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY YOUTH ACTION TEAM: Veasna Hoy 29500 Pacific Hwy. S., Suite N Federal Way, WA 98003 (206) 948-9492 (telephone) v The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 253-835-2651 (telephone) (253) 253-835-2609 (facsimile) sarah.bridgeford@cityoffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on May 1, 2019 and terminating on December 31, 2019 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Agency an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. 17 HUMAN SERVICES AGREEMENT - 1 - 3/2017 CITY of CITY HALL A Federal Way 33325 8th Avenue South Federal Way; WA 98003-6325 (253) 835-7000 4vww atyoffederatway com 4.2 Method of Payment. On no more than a monthly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a no less than quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each month and/or quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Agency's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 18 HUMAN SERVICES AGREEMENT - 2 - 3/2017 e17x OF CITY HALL Federal ■ � ay Feder 8th Avenue South VlY) Federal Way. WA 98003-6325 (253) 835-7000 vwwv atyoffederahvay com 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Agency's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. S. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 19 HUMAN SERVICES AGREEMENT - 3 - 3/2017 CITY OF CITY HALL IftFe d e ra I • A a 33325 8th Avenue South lY(�(� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six (6) years after the termination of this Agreement and maybe subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. 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 Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any 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 Agency nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - HUMAN SERVICES AGREEMENT - 4 - 3/2017 CITY OF 4w AN�l Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 21 HUMAN SERVICES AGREEMENT - 5 - 3/2017 Y OF ,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoflederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE FEDERAL WAY YOUTH ACTION TEAM: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 22 HUMAN SERVICES AGREEMENT - 6 - 20 . Notary Public in and for the State of Washington. My commission expires 3/2017 CITY OF Federal Project Summary CITY HALL 33325 8th Avenue South a y Federal Way, WA 98003-6325 (253) 835-7000 wvwvw atyoffederalway com EXHIBIT A SERVICES The Agency shall provide capacity building and community support _in the City of Federal Way. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Capacity building and community support will focus on youth development and violence prevention. Two components will be provided: 1) Critical Incident Response will increase understanding and awareness when a violent incident occurs involving youth. To achieve this, the Agency will develop a protocol and tools on de-escalation. After the protocol is developed, the Agency will provide community education on how to implement the protocol. 2) Capacity Building and Community Support: the Agency will build partnerships to improve youth development services and strengthen community engagement with focus on underserved and underrepresented communities. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: B. Units of Service The Agency agrees to provide, at minimum, the following units of service by month: Total No. of unduplicated Federal Way persons assisted in 2019 40 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by month: 23 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Total 2019 1. Critical Incident Response Protocol and Tools for 1 De-escalation 2. Critical Incident Response Education 1 3. Community Events 2 23 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 elTv of CITY HALL Federa l Way 33325 8th Avenue South Federal Way, WA 98003-6325 VA� (253) 835-7000 www cityoffederaiway corn C. Definition of Services 1. Critical Incident Response Protocol and Tools for De-escalation: Develop protocols and tools to help community members de-escalate violent incidents. 2. Critical Incident Response Education: By the end of 2019 and following the development of the protocol, host a minimum of one (1) community education event to provide de-escalation training. 3. Community Events: Measured by the number of events hosted that focus on underserved and underrepresented communities. D. Performance Measure(s) Outcome(s) to be reported: 1. Increased critical incident response education and awareness by 80% as measured by pre- and post -surveys. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of receipt of direct assistance including gift card incentives and bus tickets. Documentation should include signature of the participant, identify the date of the session, and identify what assistance was received. 24 HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF ., Federal CITY HALL Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederahuay com 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4/24/2059) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. Reports and Reporting Schedule The Agency shall collect and report client information to the City no more than monthly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than January 15 in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by January 15 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way Human Services General Fund Program. 25 HUMAN SERVICES AGREEMENT - 3 - HSA Exh 5/2017 CITY OF �Oddftl ''.. Federal Project Budp_et CITY HALL ■ � ■�� 33325 8th Avenue South — Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Thirteen Thousand and Five Hundred Dollars ($13,500.00). A. City of Federal Way Funds 2019 City of Federal Way General Fund: $13,500.00 B. Line Item Budget 2019 Personnel Services (detail below) $5,000.00 Printing $200.00 Rent & Utilities $1,863.00 Insurance $412.00 Food $500.00 Professional Services $3,500.00 Administration (Overhead) $2,025.00 Total City of Federal Way Funds: $13,500.00 C. Personnel Detail Position Title Position Full Annual Salary HS Funds Time Equivalent and Benefits Director 0.07 $74,750.00 $5,000.00 Total: 1 $74,750.00 1 $5,000.00 Reimbursement Requests and Service Unit Report forms shall be submitted no more frequently than monthly and are due on the 15th of each month, but not less than the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Final Reimbursement Request and Service Unit Report forms due January 8; Demographic Data Report and Annual Outcome Data Report with supporting documentation due January 15. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Monthly Payments: 2019 Monthly $1,867.50 26 HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF AIIIIII Federal vw*� CITY HALL Way 33325 8th Avenue South Federal Way.. WA 98003-6325 (253) 835-7000 www crtyoffederatway com Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated monthly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding month. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of Funding The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. 27 HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 This Page Left Blank Intentionally SUBJECT: FEDERAL WAY YOUTH ACTION TEAM — PROGRESS PUSHERS AGREEMENT POLICY QUESTION: Should City Council authorize the Mayor to enter into an agreement with the Federal Way Youth Action Team for grant funds totaling $11,500.00. COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: May 14, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: Community Development Coordinator Attachments: Staff Report Federal Way Youth Action Team — Progress Pushers Agreement Options Considered: 1. Authorize the Mayor to enter into an agreement with the Federal Way Youth Action Team for the Progress Pushers program. 2. Do not direct the Mayor to enter into an agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: '�S�� _ j� DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the May 21, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Federal Way Youth Action Team — Progress Pushers Agreement, and authorize the Mayor to execute said agreement. " W (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 - 4/2019 RESOLUTION # W CITY OF FEDERAL WAY MEMORANDUM DATE: May 1, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: Federal Way Youth Action Team — Progress Pushers Agreement Financial Impacts: The cost to the City for Federal Way Youth Action Team was included within the approved budget under the City Council budget in the amount of $25,000.00. In accordance with the approved budget, this item is funded by General Fund. The allocation to the Federal Way Youth Action Team will be presented for approval in two contracts, including the Federal Way Youth Action Team — Progress Pushers Agreement. Upon accomplishment of performance targets established in the 2019 agreement, the Federal Way Youth Action Team — Progress Pushers Agreement may be amended to include $11,500.00 in 2020. Background Information: The City Council allocated $25,000 to the Federal Way Youth Action Team as part of the 2019 budget. The Federal Way Youth Action Team had initially requested $50,000. With the reduced funding, they decided to pursue two programs, including the Progress Pushers program at $11,500.00 for 2019. Progress Pushers provides curriculum -based social -emotional learning to Federal Way youth. The program will focus on serving youth on probation, but will also serve youth at risk of involvement with the juvenile justice system. In 2019, the performance measures include the number of Federal Way persons to be served (20), the number of workshops provided (8), and attendance at workshops (64). The program will track the outcome of improved self-confidence and decision making/leadership skills. 80% of youth will demonstrate improvement in these areas. Following the third quarter, staff will present a report to City Council. If the Progress Pushers program is on track to meet 2019 performance targets, staff will propose to City Council a contract amendment to extend the contract through 2020. 30 Rev. 7/18 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com HUMAN SERVICES AGREEMENT FOR PROGRESS PUSHERS This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Youth Action Team, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY YOUTH ACTION TEAM: Veasna Hoy 29500 Pacific Hwy. S., Suite N Federal Way, WA 98003 (206) 948-9492 (telephone) v The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 253-835-2651 (telephone) (253) 253-835-2609 (facsimile) sarah.bridgeford@cityoffederalway. com 1. TERM. The term of this Agreement shall be for a period commencing on May 1, 2019 and terminating on December 31, 2019 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Agency an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. 31 HUMAN SERVICES AGREEMENT - 1 - 3/2017 ctrY OF CITY HALL lft�lFederal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 4.2 Method of Payment. On no more than a monthly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a no less than quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each month and/or quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Agency's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 32 HUMAN SERVICES AGREEMENT - 2 - 3/2017 CITY OF CITY HALL Fede _ra l Way Feder 8th Avenue South �"' Federal Way, WA 98003-6325 (253) 835-7000 www Myoffederalway com 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Agency's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 33 HUMAN SERVICES AGREEMENT - 3 - 3/2017 c17v OF CITY HALL ..'., 33325 8th Avenue South Fe d e ra i Way Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederahvay com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six (6) years after the termination of this Agreement and may be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. 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 Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any 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 Agency nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereund- without the prior written consent of the other Party. If the non - HUMAN SERVICES AGREEMENT - 4 - 3/2017 CITY OF CITY HALL �'Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyof ederalway. com assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 35 HUMAN SERVICES AGREEMENT - 5 - 3/2017 CITY Of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 vms� (253) 835-7000 www cityoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE FEDERAL WAY YOUTH ACTION TEAM: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 36 HUMAN SERVICES AGREEMENT - 6 - 3/2017 CITY OF Federal Ways EXHIBIT A SERVICES Project Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cttyoffederalway corn The Agency shall provide curriculum -based social -emotional learning to youth in the City of Federal Way. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. The program will focus on serving youth on probation, but will serve also serve youth at risk of involvement with the juvenile justice system. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: Total No. of unduplicated Federal Way persons assisted in 2019 20 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by month: C. Definition of Services 1. Workshops: A workshop is a minimum of one hour per classroom session and/or experiential session. 2. Attendance at Workshops: The number of youth who attend per session. May be duplicated. D. Performance Measure(s) Outcome(s) to be reported: 1. Improve self-confidence and decision-making/leadership skills by 80% as measured by pre/post surveys and/or observation. !17 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Monthly Total 2019 1. Workshops 1 8 2. Attendance at Workshops 8 64 C. Definition of Services 1. Workshops: A workshop is a minimum of one hour per classroom session and/or experiential session. 2. Attendance at Workshops: The number of youth who attend per session. May be duplicated. D. Performance Measure(s) Outcome(s) to be reported: 1. Improve self-confidence and decision-making/leadership skills by 80% as measured by pre/post surveys and/or observation. !17 HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 clry of CITY HALL Federal 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. 2. 3. 4. C 10. Notice of Grant Award. Motions, resolutions, or minutes documenting Board or Council actions. A copy of this Agreement with the Scope of Services. Correspondence regarding budget revision requests. Copies of all invoices and reports submitted to the City for this project. Bills for payment with supporting documentation. Copies of approved invoices and warrants. Records documenting that costs reimbursed with funding provided under this" Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. Documentation of receipt of direct assistance including gift card incentives and bus tickets. Documentation should include signature of the participant, identify the date of the session, and identify what assistance was received. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2018 income Limits Summary (effective 412412019) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,100 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. 38 HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY Or CITY HALL Federal 33325 8th Avenue South Federal Way. WA 98003-6325 Wa (253) 835-7000 www cityoffederalway com Reports and Reporting Schedule The Agency shall collect and report client information to the City with each reimbursement request and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than January 15 in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by January 15 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way Human Services General Fund Program. W HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 Federal CITY OF Project Budget CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Eleven Thousand Five Hundred and 00/100 Dollars ($11,500.00). A. City of Federal Way Funds 2019 City of Federal Way General Fund: $11,500.00 B. Line Item Budget 2019 Professional Services $6,000.00 Office or Operating Supplies Rent & Utilities Communications Travel and Training Other (specify): Direct Client Aid $1,500.00 Client Travel $1,000.00 Food $1,500.00 Administration (Overhead) $1,500.00 Total City of Federal Way Funds: $11,500.00 Reimbursement Requests and Service Unit Report forms shall be submitted no more frequently than monthly and are due on the 15th of each month, but not less than the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Final Reimbursement Request and Service Unit Report forms due January 6; Demographic Data Report and Annual Outcome Data Report with supporting documentation due January 15. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Monthly Payments: 2019 Monthly $1,437.50 Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. 40 HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF Federal 40.,� CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederaMey com Monthly reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding month. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of Funding The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. 41 HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 This Page Left Blank Intentionally 42 COUNCIL MEETING DATE: N/A ❑ APPROVED ITEM #: N/A CITY OF FEDERAL WAY First reading ❑ TABLED/DEFERRED/NO ACTION CITY COUNCIL ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 AGENDA BILL SUBJECT: MONTHLY REPORT ON PAEC OPERATIONS POLICY QUESTION: N/A COMMITTEE: PRHSPS MEETING DATE: 5/14/2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other — Information Only STAFF REPORT BY: Autumn Gressett DEPT: Parks/PAEC Attachments: PAEC Monthly Status Update Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Ul S/ -%, Commitkea Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE, I COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 43 Performing Arts and Event Center Presenter: Autumn Gressett Monthly Report —April 2019 Presented at Parks, Recreation, Human Services & Public Safety Committee May 14, 2019 5:00 pm • Days facility rented/utilized ■ 21 out of 31 • Theater Rentals/PAEC Presents Held in March ■ Monday Evenings —Jet Cities Chorus — Rehearsals ■ Wednesday Evenings — FW Youth Symphony Rehearsals ■ April 2,3,4 FW Symphony Rehearsal ■ April 6 & 7 FW Symphony Performances — 337 total tickets, 181 comps, 156 paid ■ April 15 — Lea Salonga Sold Out 717 tickets, 14 comps, 714 paid ■ April 18 — Chanticleer, 280 total tickets, 42 comps, 238 paid ■ April 20 — City Hill Church Load In/Setup ■ April 21— City Hill Church Easter Sunday Services, 2 sessions 1300 total attendees ■ April 26 — Men Are From Mars Women Are From Venus, 161 total tickets, 18 comps, 143 paid ■ April 27 — Hotel California — 216 total tickets, 20 comps, 196 paid ■ April 29 — Arts For Youth "Wings of Courage" Sold Out 717 tickets • Total Theater Attendance ■ 3,728 39% increase in attendance from March • Event Space Rentals Held in March ■ April 20 — Etta Projects Banquet — 235 attendees ■ April 23 — Sound Transit 100 attendees ■ April 27 — Farmers Insurance Banquet 125 attendees • GM —attended monthly Chamber Luncheon • GM —appointed to LTAC Committee • Hosted —VIP Experience with ShowCase media in the Patrons Lounge prior to Men Are From Mars, Women Are From Venus performance. • GM, Contract Administrator and PAEC Staff have met with remaining Resident Artist Groups to discuss previous season and upcoming season performances. • Spectra Bi -Weekly booking calls • Box Office Manager and Director Sales & Marketing monthly dept. calls with Spectra • Construction began on Grand Staircase project • Hired PT Banquet Manager — Debbie Mann • Show Announcements ■ Super Diamond —June 21 44 Performing Arts and Event Center Monthly Report — April 2019 April Marketing Data: • Website Metrics ■ Unique Pageviews 11,420 ■ Total Pageviews 14,454 • Email Statistics ■ Messages Sent 64,288 ■ Open Rate 25.55% ■ Click Rate 8.38% • Social Media (Facebook/Instagram) ■ Facebook Follower's 2,611 ■ Facebook Reach 27,077 ■ Instagram Follower's 99 ■ Instagram Reach 807 • Radio • N • Print ■ KISW 99.9 ■ KIX1880 ■ KCTS 9 ■ Showcase Media ■ South Sound ■ Digital ■ KCTS 9 ■ South Sound ■ KISW 99.9 45 Presenter: Autumn Gressett This Page Left Blank Intentionally SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES POLICY QUESTION: Should the police department renew the contract with the Tacoma and Pierce County Humane Society? COMMITTEE: PRHS&PSC MEETING DATE: May 7, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Jones Attachments: Staff Report Humane Society Agreement DEPT: PD Options Considered: 1. Accept the recommendation to renew the Humane Society Agreement. 2. Reject the recommendation to renew the Humane Society Agreement. MAYOR'S RECOMMENDATION: Option 41 — accept the recommendation to renew the Humane Society Agreement MAYOR APPROVAL: DIRECTOR APPROVAL: //9 Initial/Date v Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Humane Society contract to the May 14, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services, effective February 1, 2019 through December 31, 2020, with a total compensation of approximately $152,200 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 # 47 CITY OF FEDERAL WAY MEMORANDUM DATE: May 7, 2019 TO: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services Financial Impacts: For 2019 the cost to the City for the Humane Society animal services agreement was included within the approved budget under the police department budget line 001-2100-113- 554-31-452. Upon completion of the agreement with the licensor, costs will be $5000 per month ($60,000 per year) for 2019 plus $25 per day, per animal, for all animals held over 3 days. In 2020, the costs will increase to $6350 per month ($76,200) plus $25.75 per day, per animal, for all animals held over 3 days, which will exceed the approved budget for 2020. I recommend an estimated $16,000 to help cover the costs of animals held over 3 days in 2019 and 2020 for a total compensation of approximately $152,200 for the 2 year agreement. Background Information: The Animal Services Unit of the Federal Way Police Department has contracted with the Tacoma and Pierce County Humane Society since the inception of our Animal Services Unit in 2011. The city uses the Humane Society for stray animals, impounded animals, disposal of unclaimed animal carcasses, and for licensing services. The Humane Society plays a vital part in reuniting lost animals with owners, in adopting found animals with their forever families, and they have a role in animal abuse investigations. They hold our animals that have been quarantined due to an attack, and have holding areas for animals that have been declared vicious or dangerous. The Humane Society has increased the costs to the City (and other agencies that contact with the Humane Society). In 2018 they announced their intent to implement another substantial increase in charges to their contract cities. Those cities formed a coalition to have better bargaining power but ultimately the coalition was not successful in reaching a unified agreement with the Humane Society. The City explored other alternatives by examining potential costs with Green River Humane Society, and by discussing the feasibility of building our own shelter. After analyzing these alternatives and despite the increase costs at the Tacoma and Pierce County Humane Society, the recommended choice is to renew the contract with the Tacoma and Pierce County Humane Society. 48 Rev. 7/18 4 CITY of CITY HALL Way 33325 8th Avenue South Federal Federal Way. WA 98003✓6325 (253) 835-7000 www_ atyoffedera4W com PROFESSIONAL SERVICES AGREEMENT FOR HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and the Humane Society for Tacoma and Pierce County, a Washington non-profit corporation formed and operating pursuant to RCW 16.52.020 ("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: HUMANE SOCIETY FOR TACOMA AND PIERCE CITY OF FEDERAL WAY: COUNTY: POLICE DEPARTMENT Stuart Earley, CEO Andy Hwang, Chief 2608 Center Street 33325 8th Avenue South Tacoma, WA 98409 Federal Way, WA 98003-6325 253-284-5821 (telephone) 253-835-6700 (telephone) StuartE@thehumanesocipty.org Lynette.Allen(a_cityoffederalwa The Parties agree as follows: 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 Services specified in this Agreement, but in any event no later than December 31, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, 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 of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis and per Exhibit B, the Contractor shall submit a voucher or 49 PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 3/2017 CITY or CITY HALL 4 Federal � 33325 8th Avenue South Federal Way, WA 98t}03-6325 (253) 835-7000 v w✓w cityouffederahsw com invoice in the form specified by the City, including a description of what Services have been performed. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do 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 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the contract will terminate at the end of the funded fiscal period. 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 acts, errors or omissions of the Contractor in 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, including the duty and cost to defend, 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 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 insu�Wnce covering liability arising from premises, operations, PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 3/2017 4% CITY of CITY HALL AF8th Avenue South � Fe d e ra 1 Way Federal Way. V+IA 98003-6325 (253) 835-7000 Kww cityoffederahvay com independent contractors, products -completed operations, stopgap 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. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this 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 with respect to 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 Contractor's insurance. 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 the 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 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 and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records 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 that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor shall make all related data, documents, and files available to the City and shall deliver all needed or contracted work -product upon the City's request. At the expiration or termination of this Agreement, all materials and data related to the scope of work will be provided to the City. 10. INDEPENDENT CONTRACTOR. 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 or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. 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 Services. The PROFESSIONAL SERVICES AGREEMENT 51 - 3 - Rev. 3/2017 clTv of 3HALL 4� Way F332eder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vAvw crtyoffederahvay corn Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. 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. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; 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, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 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, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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 Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any 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. PROFESSIONAL SERVICES AGREEMENT 52 - 4 - Rev. 3/2017 CITY of CITY HALL A� Fe d e ra 1 Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mem clryoffedera4w cam 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 remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; 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] PROFESSIONAL SERVICES AGREEMENT 53 - 5 - Rev. 3/2017 CIT CITY o f 333HALL 2 A* Federal Avenue South "SFederal Way Federal Way, WA 98003-6325 (253) 835-7000 mvvv dlyoffedera wr7y cam IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY: By: _._.._ Printed Name: . Sd k 7V Title: 6) 4-e� Exa e(o-+ U C- DATE: Lac, I c-1 STATE OF WASHINGTON) ) ss. COUNTY OF/C.Z ) On this day personally appeared before me Etcvv-1,e— ' , to me known to be the C Z 0 of U,vv y fiv - (,-,ydL 4t t executed d the foregoing instrument, and acknowledged the said instrument to be the f e and voluntary act a 6fa'l'd 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 2 - day of , 20 . ►•••••••• \ Notary's signature .p \ Notary's printed namer� Notary Public in and for the State of Washington. COOOL My commission expires F -e,0 Y'uLV,�3 f. • r 40FWO ... 54 vvnrT7cernT.TnT cT:�nvTrFc 0(:1?M7N/fP-STT - F - Rev. 3/2017 CITY of CITY HALL `�...�- F8th Avenue South Federal Way Federal Way. WA 98003-6325 (253 ) 835-7000 www- ct"ffederalway com SERVICES THE CONTRACTOR AGREES: (1) To furnish, maintain, and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the Municipality or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or dangerous reptiles and wild or exotic animals. Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awaiting disposition by the courts will be held for up to 3 days and subject to an additional charge after the first three days. After three days, board will be charged to Municipality at the rate of $25 per day per animal in 2019. (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours; provided that the Society shall establish and maintain 7 - day per week, 24-hour per day access for Municipality animal control officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care of sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for resident of the Municipality for animals adopted or impounded at the Humane Society shelter whose owner resides within the Municipality. The license service for impounded and adopted animals shall be provided during normal business hours. The Humane society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the Municipality listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain all revenue from licenses sold at the shelter and payments shall be made directly to the Humane Society. (4) , To provide orientation and training to Municipality animal control officers on the Society shelter and its admissions policies, practices and other Society operations as appropriate. (5) To maintain complete records of animals received and animals disposed of on behalf of the Municipality and other entities with whom the Municipality has contracted. The Society agrees to promptly make its records of investigations available for the Municipality's inspection at reasonable times, and to furnish reports of the Society's activities to the Municipality, and to provide, within reason, such other data as the Municipality requests and as may be inspected or requested by other entities with whom the Municipality has contracted. This means the Society at such times and in such form as the Municipality may require, shall furnish the Municipality with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the Municipality all work-related records and documents for inspection, or evaluation during normal business hours in order to assess performance, compliance and/or quality assurance under this Contract. The Society further agrees to fully cooperate with any civil or criminal investigations by the Municipality and to make its employees available for interviews conducted in the furtherance of such investigations. (6) To provide access to computers for Municipality Animal Control Officers to enter data into the database software for animals picked up by Municipality Animal Control Officers. (7) To provide basic blood draw, fecal sample, lab tests and weight at time of admission for animals involved in cruelty investigations, requested by Municipality Animal Control Officers. This service will be offered for 55 PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 3/2017 CITY of CITY HALL '�....- Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-70D0 vwAv o(wffedeTatway cram cases of 1 to 2 animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. The costs associated with any additional lab tests will be billed separately to the Municipality. Cruelty cases larger than two animals will require advance notification in order to perform this service. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000.00 bodily and personal injury and property damage insurance). The Municipality is to be named as an additional insured and such insurance as is carried by the Society is primary over any insurance carried by the Municipality. (9) To furnish equipment and supplies used in the performance of the Society's obligations arising from this contract, except equipment and supplies that the Municipality expressly promises to furnish outside of this contract. (10) The Society agrees to hold harmless, indemnify and defend the Municipality and its officers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortious actions or inactions of the Humane Society in its performance of the activities and services set forth herein in this agreement to be performed by the Society. The Agreement to indemnify, defend and hold harmless the Municipality by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole negligence of the Municipality. This provision shall survive the expiration or termination of this agreement with respect to any event occurring prior to such expiration or termination. (11) To allow Municipality Animal Control Officers to sanitize their vehicles in accordance with Society practices until the Society requires the sanitizing facility to be vacated for construction. The Humane Society will provide 90 days' notice if the area is to be vacated. (12) Non-discrimination. The Society agrees to take all steps necessary to comply with all federal, state and local laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age marital status, familial status, or the presence of any sensory, mental or physical handicap. THE MUNICIPALITY AGREES: (1) To pay those fees outlined in Exhibit B. (2) Impounded animals, awaiting disposition by the courts or held as directed by the Municipality will be held for a maximum of 3 days without additional charge. After 3 days, board will be charged to the Municipality at the rate of $25 per day. The boarding rate will reflect a 3% increase to $25.75 per day in 2020. The Society will invoice the Municipality by the 20`h of each month for the prior month's activity. Boarding charges for impounded animals beyond 3 days will cease when the Municipality provides written notification to the Society of the release. The written authorization to release will include the animal number, a description of the animal, and document further actions to be taken (if any) with the animal (such as release to owner, euthanasia, etc.). (3) Authorizes the Society to act on behalf of the Municipality for the purpose of selling pet licenses to owners of pets residing in the Municipality in accordance with PCC Chapter 6.04. (4) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter. 56 PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 4 CITY OF i d i + # CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 m rw. o"ffederaWay tarn (5) To provide the Humane Society all licenses and licensing material for the Municipality and any other entities with whom the Municipality has contracted with. (6) Until the Humane Society accepts the animal, the Municipality is responsible for all after-hours emergency care of any animal that it impounds. The Municipality will be responsible for payment of care for impounded animals taken by the Municipality after hours to veterinary clinics by its Animal Control officers. During hours that the shelter is open, the Society will provide veterinary care. The Municipality is responsible for transporting the animal from any veterinary clinic to the Humane Society once the animal is stabilized. (7) Animal Control Officers will perform the following intake functions: • Move animals from ACO vehicle into intake area. • Ensure relevant details are entered into the animal sheltering management database selected by the Society, including: o Description of an animal's health or temperament, to the best of their knowledge; o Contact information, if ongoing communication is required (vet, ACO, animal owner, etc.) o Hold and release instructions, when special directions apply. • Place cats and very small animals into carriers and place the carriers in the Humane Society designated receiving area. • Place dogs in designated kennels or receiving area. • After hours, set kennel with water. • Remove and appropriately dispose of any debris (including feces and animal hair) associated with the City's transport, crating, or kenneling of an animal. • Animal Control Officers will provide the following supplemental records to assist the Humane Society with animal care: o Veterinary records (if the animal has been discharged from an animal hospital). o Selected investigation records (if the animal is suspected of being a potentially -dangerous or dangerous animal). • Officers will take primary responsibility for communication with animal owners, media, and interested parties about the status of an impounded animal. Confidentiality, as defined in this agreement, will be maintained. (8) Municipality will provide its own Potentially Dangerous Dog (PDD) and Dangerous Dog (DD) hearings and services. Any euthanasia required by the PDD and DD programs will be paid for by the dog owner. (9) The Municipality Animal Control officers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips. During shelter business hours, the Society 57 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 3/2017 CITY of .t Fed eral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vwAv cityoffederaiway cam employees will administer vaccines. After shelter business hours, officers must administer vaccines provided by the Society to animals dropped off at the shelter as required by shelter admissions policy, with the exception of when Municipality Animal Control officers have an emergency situation or the animal's behavior is dangerous, provided the officer notes the exception in the intake form. In these circumstances, every attempt will be made to leave these animals in night hold and ensure they do not enter the general population. The Society will provide the necessary training for the vaccinations and computer intake requirements. (10) To hold the Society harmless from any damages, attorneys' fees, or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a local ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditions: (1) All persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the Municipality. (2) Either party can terminate this contract, during the contract period, upon 180 days' written notice; Provided that either party may terminate this upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2021-2022 contract by June 1, 2020, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) If the contract is not renewed by the end of the contract period, this contract will terminate on its expiration date. (4) The Municipality and the Society will schedule and attend quarterly operational meetings. (5) Modification. This instrument constitutes the entire Agreement between the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event either party shall desire to renegotiate any provision of the agreement, the party shall notify the other party in writing identifying the provision or provisions to be renegotiated, the requested changes, and shall state the reasons for the request. The party receiving the request shall respond in writing on or before the end of the 90 -day period. (6) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. Notice of Monthly Billing and Licenses issued shall be e-mailed to: ATTN: Casey Jones Case ly;ones(acr�cityoffederalway.com CC: Suzanne Mortell Suzanne MortellgCityofFederalWay.com Notice to Municipality shall be sent to: 58 PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 3/2017 CITY OF * Federal W__ ay City of Federal Way Mayor's Office 33325 8h Ave S. Federal Way, WA 98003 Notice to the Society shall be sent to.- The o: The Humane Society for Tacoma and Pierce County Attn: Stuart Earley, CEO 2608 Center Street Tacoma, WA 98409 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com (7) Litigation Costs and Fees. Before entering into litigation, the parties should attempt to resolve differences through dispute -resolution, mediation, arbitration, or other such services. In the event of litigation concerning the terms of or performance under this Agreement, the prevailing party, in addition to costs, shall be entitled to reasonable attorney's fees as determined by the court. (8) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. EXHIBIT B 59 PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 3/2017 CITY OF "�.... Federal 2. 3. CITY HALL Way 33325 8th Avenue South 1Y/�V/ Federal Way, WA 98003-6325 (253) 835-7000 www afyoffederahiW com COMPENSATION Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed $60,000.00 (plus $25.00 per day for animals kept over three days) in 2019 and $76,200.00 (plus $25.75 per day for animals kept over three days) for 2020. Method of Compensation: The City shall pay the Contractor a fixed rate of $5000 per month ($60,000 per year) plus $25.00 per day for each animal kept over three days in 2019. The City shall pay the Contractor a fixed rate of $6350 per month ($76,200.00 per year) plus $25.75 per day for each animal kept over three days in 2020. In consideration of the Shelter performing the services contemplated by this Agreement, the Municipality agrees to pay a flat rate based on the per -animal rates identified in Table A for up to 515 animals per year. TABLE A Rates per animal sheltered 2019 and 2020 _ 2019 2020 Stray — Live animals $150.00 $154.50 Dead -on -Arrivals $50.00 $51.50 Owner surrenders $50.00 $51.50 (A) From February 1, 2019 to December 31, 2019, the Municipality agrees to pay the Society monthly installments of $5,000.00 due by the 10th of the following month. (B) From January 1, 2020, the City agrees to pay the Society monthly installments of $6,350 due by the 10' of the following month. (C) Any payment over 60 days late will be charged a I% penalty. 60 PROFESSIONAL SERVICES AGREEMENT -12- Rev. 3/2017 SUBJECT: KING COUNTY HOUSING AUTHORITY POLICY QUESTION: Should the Federal Way Police Department entered into an agreement for records sharing with the King County Housing Authority? COMMITTEE: PRHS&PSC MEETING DATE: May 14, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lynette Allen / Diane Shines DEPT: Police ..............................................................................................................................................................................................................._................_...................................__.........................................._.........._.........._.._........._..._....._.._........_....._... -- .._......._.._.. _ Attachments: • Staff Report • MOU Options Considered: 1. Accept the MOU between the FWPD and KC Housing Authority 2............Reject the MOU............... ._. MAYOR'S RECOMMENDATION: #1 Accept the MOU between FWPD and the KC Housing Authority. MAYOR APPROVAL: I %Z S� DIRECTOR APPROVAL: 1-23 ' 11 i Initial/Date Initial/Date // Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the May 21, 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 King County Housing Authority, and authorize the Chief of Police 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 # 61 CITY OF FEDERAL WAY MEMORANDUM DATE: May 14, 2019 TO: Parks, Recreation, Human Service and Public Safety Council Committee. VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: King County Housing Authority — Record Sharing Financial Impacts: There is no cost to the City of Federal Way for taking part in this record sharing program. Background Information: The Federal Way Police Department is entering into this agreement with the King County Housing Authority in order to coordinate efforts to reduce and/or eliminate criminal activity within public housing developments owned and operated by the King County Housing Authority. The Federal Way Police Department will establish communications with the King County Housing Authority, and will provide case reports and quarterly reports to them on serious criminal activity at their locations, provided the information does not compromise ongoing investigations. The recommendation is for the approval of the Federal Way Police Department to enter into this records sharing agreement with King County Housing Authority 62 Rev. 7/18 CITY OF �. Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com Memorandum of Agreement The Housing Authority of King County Washington (hereinafter referred to as the Housing Authority) and the Federal Way Police Department (hereinafter referred to as the Department) enter into this record sharing agreement in a coordinated effort to reduce and eliminate criminal activity within public housing developments owned and operated by the Housing Authority. The Department and the Housing Authority agree to the responsibilities outlined below: Responsibilities of the Housing Authority: 1. Provide the Department a listing of the addresses for all Housing Authority properties located in the jurisdiction of the Department. 2. Establish a system of regular communication between the Housing Authority and the Department to communicate concerns for emerging problems such as suspected drug activity and other criminal activity that threatens to disrupt the peace and safety of the community. 3. Establish a single contact person with the Housing Authority's local area office to coordinate the transfer of information to and from the Department and notify the appropriate Department personnel whenever any established contact person is replaced. 4. Immediately notify the Department of specific incidents occurring within the Housing Authority communities or suspected of occurring within the Housing Authority communities relating to serious criminal activity, including drug related criminal activity. 5. Use information provided by the Department solely to evaluate the activities occurring within the Housing Authority Property. Should information be needed by the Housing Authority for other uses, it may be obtained through a formal request only. 6. Limit access to the information to Regional Managers and to those employees who cannot reasonably carry out their responsibilities without such access and who have been advised and agree to comply with the provisions of this agreement. 7. Secure all information received pursuant to this agreement in secured, locked containers. 8. Make no disclosures of information in a form which is identifiable to an individual without meeting the requirements of the State of Washington Public Disclosure Act (RCW 42.56), Juvenile Justice and Care Act (RCW 13.50), Criminal Records Privacy Act (RCW 10.97), and the Motor Vehicle Act (RCW 46.52). Responsibilities of the Police Department: 1. Provide quarterly reports by address of dispatched calls for service to locations within the Housing Authority communities. 2. Establish a system of regular communications between the Housing Authority and the Department to coordinate the transfer of information to and from the Housing Authority on crime related problems arising out of Housing Authority communities. The Department agrees to use such information, received from the Housing Authority solely to assist the Department in connection with suspected crime related 63 clry OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98Q03-6325 (253) 835-7000 www cityoffederahvay com problems arising out of Housing Authority communities unless a formal request for the information is made by the Department. 3. Establish a single contact person within the Department to coordinate the transfer of information to and from the Housing Authority. 4. Provide case reports for specific incidents occurring in public housing communities relating to drug activity and other criminal activity upon request by the Housing Authority. 5. Notify the Housing Authority within five days of serious criminal activity, including drug related criminal activity, or other incidents threatening the life and safety of residents of the community or Housing Authority Staff. However, if in the opinion of the Department the release of information would compromise, damage, or jeopardize an ongoing criminal investigation, and there is not immediate threat to life and safety, the Department maintains the right to delay the release of information. This agreement may be terminated by either side in the event of a change in the applicable state or federal law allowing such access or at will, which is defined as material breach of this agreement. In the event of a change in laws, access will be terminated immediately or altered to conform with the law revision. In the event of a termination at will, access will be terminated immediately upon the allegation of a violation, with a right to a hearing to reinstate the agreement. The Housing Authority and the Department agree to indemnify and hold harmless each other's agency, officers, agents, and employees from and against any and all loss, damages, injury, liability suits, and proceedings however caused, arising directly or indirectly out of any action or conduct in the exercise or enjoyment of this agreement. Such indemnification shall include all of the indemnifying party costs of defending any such suit, including attorney fees. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor ATTEST: Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: Ryan Call, City Attorney 64 CITY OF '�•.. Federal CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com KING COUNTY HOUSING AUTHORITY: By: Printed Name: Title: DATE: STATE OF WASHINGTON) ss. COUNTY OF ) On this day personally appeared before me to me known to be the of kthat executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 65 This Page Left Blank Intentionally SUBJECT: WASHINGTON AUTO THEFT PREVENTION AUTHORITY (WATPA) AUTOMATIC LICENSE PLATE READER MINI -GRANT POLICY QUESTION: Should the Federal Way Police Department accept a $20,000 mini grant awarded by WATPA to purchase one additional ALPR system? COMMITTEE: PRHS&PSC MEETING DATE: May 14, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Chris Norman DEPT: PD Attachments: Staff Report WATPA mini -grant award agreement Options Considered: 1. Accept the mini -grant. 2. Reject the recommendation to accept the mini -grant. MAYOR'S RECOMMENDATION: Option #1— accept the recommendation to accept the mini -grant. MAYOR APPROVAL: DIRECTOR APPROVAL: mmittee Counc' Initial/Date Initial/Dat Initial ate COMMITTEE RECOMMENDATION: I move to forward the proposed acceptance of the WATPA mini -grant to the May 21, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Washington Auto Theft Prevention Authority mini - grant to purchase an automatic license plate reader system, with a total grant award of $20, 000 and authorize the Police Chief 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 # 67 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 14, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Washington Auto Theft Prevention Authority Grant Funds - ALPR Financial Impacts: The Washington Auto Theft Prevention Authority (WATPA) awards mini -grants to assist agencies in fighting auto theft. WATPA has awarded the Federal Way Police Department $20,000 towards the cost of $22,700 Vigilant Solutions 4 camera Automatic License Reader system. The ALPR must be purchased and received before June 30, 2019. Background Information: The City of Federal Way has historically suffered from a high level of auto theft. The Federal Way Police Department (FWPD) has made significant investments in manpower, public outreach, and technology to reduce the impacts of auto thefts on the citizens of Federal Way. The most successful effort is the Automatic License Plate Reader (ALPR) program. Since August of 2014, FWPD has deployed 3 ALPR platforms in patrol, each shared by two officers to cover 365 day/year coverage on day, swing and night shift patrol. The vehicles average approximately 60,000 — 90,000 reads per month that frequently results in multiple "occupied stolen" arrests and numerous recoveries. The ALPR program has ensured the safe return of victim's vehicles and increased the prosecutions of auto theft suspects. The introduction of assigned "take home" cars for patrol officers will reduce the number of days each ALPR platform is driven on patrol from 7 to 4 days per week resulting in a dramatic reduction in reads per vehicle. In an effort to offset the anticipated reduction FWPD would like to increase the number of ALPR patrol vehicles and maintain the proactive effort to impact auto theft in Federal Way and the Puget Sound region. AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENTION 2019 MINI GRANT PROGRAM AWARD SHEET 1. Award Recipient Name and Address Federal Way Police Department 33325 8th Ave S Federal Way, WA 98003 3. Project Title ALPR Grant Request 3. Grant No: FEDERAL WAY MINI GRANT 19 7. Amount Approved: $20,000.00 2. Contact: Andrew Hwang Title: Chief Telephone: (253) 835-6716 4. Award Period: 04/19/2019 — 06/30/2019 6. Funding Authority: WASHINGTON AUTO THEFT PREVENTION AUTHORITY 8. Service Area: King County 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested WATPA Funding Approved i 1) Equipment 22,700.30 20,000.00 3 FINAL 22,700.30 20,000.00 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA Name/ Michael Painter Title WATPA, Executive Director RECIPIENT Name/ Title Date: Date: WASHINGTON AUTO THEFT PREVENTION AUTHORITY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE, Suite 101 — Lacey, WA 98516 — Phone: (360) 292-7900 — Fax: (360) 292-7269 Website: www.WaAutoTheftPreventionAuthority.org "preventing and reducing motor vehicle thefts in the State of Washington. " Wasto asAuM'ha Pm,'+nusnAutiwrAy April 19, 2019 Chief Andrew Hwang Federal Way Police Department 33325 8th Ave S Federal Way, WA 98003 Dear Chief Hwang: I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the partial funding of the Federal Way Police Department's mini grant ALPR Grant Request project application in an amount of $20,000.00. The funding period for this award is April 19, 2019 — June 30, 2019. All funds must be expended, and products or services received, no later than June 30, 2019. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. The award agreement must be signed and returned to Cynthia West at WATPA. WATPA funds cannot be reimbursed until the signed agreement is received. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Those agencies receiving grant funding for public outreach must include the WATPA logo on all public education or crime prevention materials. Please contact Cynthia West should you need a copy of the WATPA logo. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All mini -grant recipients are required to complete and submit a Mini -Grant Reporting Project Form to WATPA (due: July 15th, and December 151). Report forms are available on the WATPA website, www.WaA LitoTheftPrevetitionAuthority.org. If you have any questions, please contact Cynthia West at 360-292-7939 or via e-mail at cwestogwaspe.or>;. Sincerely, Michael Painter, Executive Director Washington Auto Theft Prevention Authority Washington Auto Theft Prewatlon Authority JOHN BATISTE JAMES SKOGMAN VACANT KEN HOHENBERG RICK SCOTT Chief- WA State Patrol Insurance industry Sheriff Chief—Kennewick Sheriff- Western WA JOHN MARTIN STEVE STRACHAN VACANT CARL NIELSEN VACANT General Public Executive Director - WASPC Prosecuting Attorney Chief -Centralia Automobile Industry MICHAEL PAINTER Executive Director - WATPA 70 COUNCIL MEETING DATE: May 21, 2019ITEM #: ......................................................................................................._................................................._..........................................................................................._.._..__........_................._........._........................_.._........................_............._._._._._._......._......._ _....................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUGET SOUND AUTO THEFT TASK FORCE (PSATT) - AMENDED AND RESTATED - INTERLOCAL COOPERATIVE AGREEMENT POLICY QUESTION: Should the City agree to the amended and restated PSATT interlocal cooperative agreement with the partner agencies? COMMITTEE: PRHS&PSC MEETING DATE: May 14, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Chris Norman DEPT: PD ............................ ............ .................... .._....................................................................... _............_.................._............................................... ................. _............... .-....................................................... _.............._.---._....................._......... _.... ..... ........._........... _.._..._.... Attachments: Staff Report Puget Sound Auto Theft Task Force Amended and Restated Interlocal Cooperative Agreement Options Considered: 1. Accept the recommendation to enter into the agreement. 2. Reject the recommendation to enter into the agreement. MAYOR'S RECOMMENDATION: Option #1— accept the recommendation to enter into the agreement. MAYOR APPROVAL: 7�Zale DIRECTOR APPROVAL: mmitteInitial/Date %' COMMITTEE RECOMMENDATION: I move to forward the proposed Puget Sound Auto Theft Task Force Amended and Restated Interlocal Cooperative Agreement to the May 21, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Puget Sound Auto Theft Task Force Amended and Restated Interlocal Cooperative Agreement 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 # 71 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 14, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Amended and Restated - Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff's Office, King County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Puyallup, Redmond, Tacoma, Tukwila and the Port of Seattle for the Creation and Maintenance of the Puget Sound Auto Theft Task Force Financial Impacts: The task force is operated through Washington Auto Theft Prevention Authority (WATPA) grant awards. The amended and restated agreement adds the Port of Seattle, City of Redmond and City of Puyallup to the agreement and they plan to add staff to the task force. Background Information: The Puget Sound Auto Theft Task Force (PSATT), formed in 2017, is a multi jurisdictional team to investigate and enforce laws relating to auto theft. Federal Way was been a member of the task force since 2017. The Task Force provides a more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The City of Federal Way, through the Police Department, continues to serve as the Lead Administrative Agency, which is responsible for proper accounting procedures, reports and statistics. The Federal Way Police Department will also continue to assign at least one commissioned employee to the PSATT Task Force. ivi AMENDED AND RESTATED INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF'S OFFICE, KING COUNTY PROSECUTOR'S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY LAKE, FEDERAL WAY, LAKEWOOD, PUYALLUP, REDMOND, TACOMA, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION AND MAINTENANCE OF THE PUGET SOUND AUTO THEFT TASK -FORCE. This Amended and Restated Interlocal Cooperative Agreement ("Agreement") amends and restates the Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff's Office, King County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila for the Creation of the Puget Sound Auto Theft -Task Force, effective January 25, 2018, to add the Municipalities of Puyallup, Redmond, and the Port of Seattle to the Agreement. I. PARTIES The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff's Office, King County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Puyallup, Redmond, Tacoma, Tukwila, and the Port of Seattle, each of which is a state, county, or municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of Washington. III. PURPOSE The parties to this Agreement wish to establish and maintain a multi jurisdictional team to effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to replace previously executed interlocal agreements that were established for the ACE and P.A.T.R.O.L. Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any previously executed interlocal agreements by the parties to provide backup law enforcement services. This team shall be referred to as the Puget Sound Auto Theft Task -Force. The parties do not intend to create through, this agreement, a separate legal entity subject to suit. 11 P a g e PUGET SOUND AUTO THEFT TASK -FORM INTERLOCAL AGREEMENT IV. FORMATION There is hereby created a multi jurisdictional team to be hereafter known as the Puget Sound Auto Theft Task -Force, by the parties (hereafter referred to as participating jurisdictions) to this Agreement. V. STATEMENT OF PROBLEM The Washington State Legislature has recognized that automobiles are an essential part of our everyday lives. The family car is typically the second largest investment a person owns, the theft of which causes a significant loss and inconvenience to people, imposes financial hardship, and negatively impacts their work, school, and personal activities. Appropriate, meaningful, and proportionate penalties should be imposed on those who steal motor vehicles. King County, Pierce County, and the municipalities therein have experienced an increase in urbanization and population densities resulting in an increase in crime associated with auto theft. This has stretched the resources of individual police department investigative units. Historically, law enforcement efforts focused on auto theft have been predominately conducted by agencies working independently. A multi jurisdictional effort to handle auto theft investigations has many benefits, including: the more effective use of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and improved information sharing. This results in improved services for all participating jurisdictions and increased safety for the communities they serve through improved auto theft prosecution. VI. TASK FORCE OBJECTIVES The assigned personnel from each participating jurisdiction will form the Puget Sound Auto Theft Task -Force, which will serve the combined service areas of all the participating jurisdictions. The Task Force may also provide assistance to other law enforcement agencies that are not participating jurisdictions pursuant to chapter 10.93 RCW. The Task Force's objective is to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Force Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law enforcement agencies pursuant to chapter 10.93 RCW. VII. DURATION AND TERMINATION The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with the Washington Auto Theft Prevention Authority (WATPA) grant period. This Agreement shall 2 1 t a g e PUGET SOUND AUTO THEFT TASK-FOR4 INTERLOCAL AGREEMENT automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding through the WATPA grant process. A participating jurisdiction may withdraw from this agreement by providing thirty (30) days' written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction's withdrawal prior to the WATPA grant's expiration will be ineligible for related grant funds beyond reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction's withdrawal. A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur only when the Department Head, or his or her designee, of each participating jurisdiction was given reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice that a vote to terminate the Task Force would be coming before the Board at the meeting. The participating jurisdictions may completely terminate this agreement by mutual agreement in writing. Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. VIII. GOVERNANCE The City of Federal Way, through its Police Department, shall serve as the Lead Administrative Agency for purposes of this Agreement. The other participating agencies are sub - recipients. The Lead Administrative Agency shall be responsible for establishing proper accounting procedures, an audit -trail, and the collection and provision of required reports and statistics. Sub -recipients shall submit to the Lead Administrative Agency all bills for reimbursement to ensure that those bills comply with grant policies and regulations prior to the Lead Agency submitting all reimbursements together to WATPA for payment. The Task Force shall be governed by an Executive Board ("Board") composed of one member from each participating jurisdiction that has at least one full-time employee assigned to the Task Force ("Board Member"). Each Department Head shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board Members, or their designees, appearing at the meeting where the decision is made. A quorum of the Board must be present for any vote to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may deem appropriate. 3 1 P U PUGET SOUND AUTO THEFT TASK-FOR�QT INTERLOCAL AGREEMENT The Board shall meet quarterly, unless otherwise determined by the Board. Any Board Member may call extra meetings as appropriate. The presiding officer shall provide no less than forty-eight (48) hours' notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board Members to resolve any issues related to such emergency. The Board may, at its discretion, adopt policies, regulations, and operational procedures that shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and operational procedures shall apply to all operations. Officers assigned to the Task Force remain employees of their employing agency and are subject to the policies of their employing agency. To the extent that the written policies, regulations, and operational procedures of the Task Force conflict with the written policies, regulations, and operational procedures of the individual jurisdictions, the Task Force members will adhere to the written policies, regulations, and procedures of their employing agency. IX. COMMAND AND CONTROL In the event of a mobilizing incident, the primarily responsible agency will be the agency in whose jurisdiction the incident has occurred. The primarily responsible agency shall appoint a command level officer to serve as Incident Commander to be the officer in charge of the local event. The Incident Commander retains full authority and control throughout the incident and shall make any decision as to the resolution of the incident. X. TASK FORCE STAFF Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the pleasure of the Board. The Board shall have authority to determine which participating jurisdictions will contribute staff and shall have authority to approve of staff assigned by a party. The Board may change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its ability, determine which participating jurisdictions may provide staff for the various positions during the previous year's budget cycle. A staff member of the Task Force may be removed from his or her position for any reason by majority vote of the Board or by the chief/sheriff of his or her employing jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction at all times during their service on the Task Force. Commander: A Task Force Commander, with the rank of Commander or Captain (or command level equivalent) from his/her employing jurisdiction shall be appointed by the Board. The Commander shall act as the principal liaison between the Board and Task Force staff. The Commander shall operate under the direction of the presiding officer of the Board. The 4 1 P a g e PUGET SOUND AUTO THEFT TASK-FOR)4 INTERLOCAL AGREEMENT Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, and challenges of the Task Force. The Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the Task Force. The Commander shall be responsible for presenting any policies, regulations, and operational procedures and revisions for Board review and approval. Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded by WATPA and appointed by the Board, and one (1) non-WATPA-funded supervisor positions will be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level supervisors for the Task Force and shall report directly to the Commander. Task Force Detective: The Task Force shall have seven (7) WATPA-funded detectives assigned from participating jurisdictions that are appointed by the Board and four (4) non-WATPA-funded detectives provided by WSP. Crime Analyst: The Task Force shall have one (1) WATPA-funded crime analyst provided by one of the participating jurisdictions. Prosecutor: The Task Force shall have one (1) prosecuting attorney provided by the King County Prosecutor's Office to provide direct access to legal support for improved communication and prosecution of auto theft cases investigated by the Task Force. Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered employees of the employing jurisdiction, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations, of the employer shall remain with the employing jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any applicable collective bargaining agreements or civil service rules and regulations. XI. EQUIPMENT, TRAINING, AND BUDGET Equipment, training, and eligible expenses will be paid by the Task Force as provided in the WATPA grant through the Lead Administrative Agency's finance department. A participating jurisdiction that incurs expenses not provided in the WATPA grant is responsible for those expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a monthly expenditure invoice to the Lead Administrative Agency's finance department documenting those expenses that are eligible for reimbursement through the WATPA grant. Each participating jurisdiction will provide a vehicle for each full-time Employee assigned by that participating jurisdiction to the Puget Sound Auto Theft Task -Force. The participating 5 1 P a g e PUGET SOUND AUTO THEFT TASK-FOR.J INTERLOCAL AGREEMENT jurisdiction is responsible for maintenance of vehicles provided to its employees assigned to the Task Force. XII. OVERTIME Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task Force supervisor must pre -approve overtime expenditures. Overtime is eligible for reimbursement only if: (1) a Task Force supervisor authorized the overtime; (2) the overtime activity is specifically related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto Theft Task -Force or WATPA. For this reason, available funds for reimbursement will be distributed according to the applicable provisions of the Task Force Policy Manual until those funds are depleted. The Task Force Policy Manual is a document that will describe the operational procedures for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force staff member shall be the responsibility of the employing jurisdiction. XIII. REIMBURSEMENT OF FUNDS Participating jurisdictions requesting reimbursement for approved expenditures must submit appropriate invoices and itemized receipts monthly, and no more frequently than once each month, for actual expenses. Each reimbursement request must contain a completed reimbursement request expenditure form. Reimbursements will be made for actual expenses based upon the available budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible for timely submittal of billing documentation and data reporting to the Lead Administrative Agency. Expenditures made prior to the award date or after the grant expiration date are not authorized and will not be reimbursed. WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of timesheets are required for overtime reimbursement. Reimbursement will be made only up to the amount of the limit of the award as indicated in the WATPA grant award. Any cost above and beyond the award limit will be the responsibility of the employing jurisdiction. XIV. RECORDS Each party shall maintain records related to the Puget Sound Auto Theft Task -Force in conformance with the Washington State Secretary of State's records retention schedule or the participating jurisdiction's unique records retention schedule (so long as such unique retention schedule meets or exceeds the requirements of state law). All records kept by a participating 6 1 P a g e PUGET SOUND AUTO THEFT TASK-FORf# INTERLOCAL AGREEMENT jurisdiction shall be available for full inspection and copying by any other participating jurisdiction. Records related to the Puget Sound Auto Theft Task -Force include but are not limited to bi-annual WATPA reporting, invoices, and requests for reimbursement along with supporting documentation. Any party that receives a Public Records Act request for records related to the Puget Sound Auto Theft Task -Force shall notify within two business -days every other participating jurisdiction to this Agreement of the request. All participating jurisdictions will search their records to locate and produce responsive documents. Criminal investigation reports generated by the Puget Sound Auto Theft Task -Force will be maintained in the records systems of the employing jurisdiction of the primary Task Force staff member who created the report. The primary investigator of an incident or case may include in his or her report supplemental reports that are also filed with another agency by Task Force members. XV. POLITICAL ACTIVITIES PROHIBITED No government funds, including WATPA award funds, may be used for or against ballot measures or the candidacy of any person for public office. XVI. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of this Agreement, any, assets acquired by the Puget Sound Auto Theft Task - Force with grant funds shall be distributed by the Board upon a majority vote of all Board members or their designees. XVII. PRESS RELEASES All press releases related to Puget Sound Auto Theft Task -Force activity must be authorized by the Task Force Commander, who will coordinate the press release with the police agencies in whose jurisdictions the incident has taken place. In the event that a press release is associated with a public service announcement or public outreach efforts, the Task Force Commander will coordinate the press release with the Board. XVIII. LIABILITY AND INDEMNIFICATION The Task Force staff assigned by the employing jurisdiction shall continue under the employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Task Force or the activities of the Task Force. Each participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating jurisdictions in the Task Force in any action arising from the negligence of the employees of that jurisdiction including all costs of defense including attorney's fees. A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction 7 1 P a g e PUGET SOUND AUTO THEFT TASK-FOR4 INTERLOCAL AGREEMENT does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney fees accrued for its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested and making Task Force members available for depositions, discovery, settlement conferences, strategy meetings, and trial. B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the commercial insurance market, an insurance pool, self-insurance, or a combination thereof. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this Agreement shall not relieve any participating jurisdiction from its obligations under this Agreement. XIX. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation, including the claim or legal complaints, shall be provided to each participating jurisdiction within ten (10) days. XX. PRE -CLAIM FILING REQUIREMENTS Section XIX of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapters 4.92 and 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapters 4.92 and 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised Code of Washington. XXI. WRITTEN CONSENT TO ENFORCE TRAFFIC AND CRIMINAL LAWS Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of each sheriff or police chief of each participating jurisdiction to permit the officers of any participating 8 1 P a g e PUGET SOUND AUTO THEFT TASK -FOP INTERLOCAL AGREEMENT jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the purpose of this Agreement. XXII. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all parties and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with this section. XXIII. FILING Upon execution, this Agreement shall be filed with the city clerks of the respective participating municipalities and such other governmental agencies as may be required by law, and each jurisdiction shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website. XXIV. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XXV. AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative, and upon a successful grant award by WATPA for the July 2019 through June 2021 WATPA grant cycle. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this agreement on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of the Agreement. [Signature Pages Follow] 9 1 P d 7, :' PUGET SOUND AUTO THEFT TASK-FOVjE INTERLOCAL AGREEMENT Nancy Backus Date Date Mayor, City of Auburn City Clerk, City of Auburn Neil Johnson Mayor, City of Bonney Lace Date Date Woody Edvalson Date City Clerk, City of Bonney Lake Jim Ferrell Mayor, City of Federal Way City Attorney, City of Auburn City Attorney, City of Bonney Lake Date J. Ryan Call Stephanie Courtney Date City Clerk, City of Federal Way City Attorney, City of Federal Way 10 P "' PUGET SOUND AUTO THEFT TASK -FORCE INTER69CAL AGREEMENT Date Date John Caulfield City Manager, City of Lakewood Mike Zaro Chief of Police, City of Lakewood John Palmer Mayor, City of Puyallup Mary Winter City Clerk, City of Puyallup John Marchione Mayor, City of Redmond Michelle Hart City Clerk, City of Redmond Date Heidi Wachter City Attorney, City of Lakewood Date Date Briana Schumacher Date City Clerk, City of Lakewood Date Joseph Beck City Attorney, City of Puyallup Date Date City Attorney, City of Redmond Date Date Date Elizabeth Pauli Date Date City Manager, City of Tacoma City Attorney, City of Tacoma Doris Sorum Date City Clerk, City of Tacoma 11 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE I��ERLOCAL AGREEMENT Allan Ekberg Date Rachel Turpin Date Mayor, City of Tukwila City Attorney, City of Tukwila Christy O'Flaherty Date City Clerk, City of Tukwila Paul Pastor Sheriff, Pierce County Date John R. Batiste Date Chief, Washington State Patrol Daniel T. Satterberg Date Prosecutor, King County Prosecutor's Office Steve Metruck Executive Director, Port of Seattle Clerk, Pierce County Date Traci Goodwin Sr. Port Counsel 12 1 P a PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Date Date I ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to a Senior Advisory Commission. WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW; and WHEREAS, programs and activities for seniors are important to the welfare of the citizens of Federal Way and engagement with, communicating with, outreach to, and understanding the needs of seniors is important to the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Senior Advisory Commission Created. The City hereby creates the Senior Advisory Commission. Section 2. Purpose. The Senior Advisory Commission's purpose is to advise City Council, the Mayor, and city staff on policies, community engagement, and delivery of senior citizens programs and to provide outreach to the community. The commission shall identify issues related to senior citizens in the community by working with residents, service providers, City Council, the Mayor's office, and city staff. Section 3. Membership. (1) The Senior Advisory Commission shall consist of nine members and three alternate members appointed by the City Council. Alternates are non-voting members of the commission when there is a quorum of commission members, but when there is not a quorum of commission members at a commission meeting, alternates may act as designated by the commission bylaws. Ordinance No. 19 - Page 1 of 4 Rev 2/19 (2) The Senior Advisory Commission shall serve without compensation. (3) Each member shall serve a term of three years except that the first commissioners and alternates shall be appointed for different terms as follows: Three commissioners and one alternate to serve for a period of one year, three commissioners and one alternate to serve for a period of two years, three commissioners and one alternate to serve for a period of three years. The City Council shall annually appoint new members to fill the expiring terms on the Senior Advisory Commission. If, for any reason, a vacancy occurs during the term of a Senior Advisory Commission member or alternate, the City Council shall appoint a new member to fill the unexpired term. The City Council may remove a Senior Advisory Commission member or alternate at any time if the City Council determines that member is not fulfilling his or her responsibilities to the satisfaction of City Council. (4) All members of the commission shall serve until their successors are duly appointed by City Council. (5) Persons appointed to serve on the commission shall reside within the incorporated city limits. Section 4. Officers — Bylaws - Staff. The city's Senior Advisory Commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The commission shall adopt bylaws and operate in accordance with its bylaws. The Mayor shall appoint staff as he or she deems appropriate to assist the commission in the preparation of its reports and records as are necessary for the operation of the commission. Section 5. Responsibilities. The Senior Advisory Commission shall have the Ordinance No. 19- Page 2 of 4 Rev 2/19 I1 responsibility to: (1) Meet periodically according to its bylaws, but no less than once per quarter. (2) Keep a written record of its proceedings. (3) Consult with and recommend to the City Council and city staff on matters pertaining to senior citizen participation in programs, policy matters, legislative agendas for state law makers, and any other matters that affect senior citizens. (4) Encourage and promote activities meeting the needs of senior citizens. (5) Evaluate communication strategies and determine effective strategies for communicating the senior citizens' communities. (6) Formulate a yearly work plan. (7) Present an annual report to the City Council. Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any Ordinance No. 19 - Page 3 of 4 Rev 2/19 references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY, CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19 - Page 4 of 4 Rev 2/19 T� IV. RECOMMENDATIONS The Homelessness Task Force makes the following recommendations: A. Addressing Impacts for Individuals Experiencing Homelessness 1. Recommendation 1— Expand Shelters as Gateways for Progress Encourage the expansion of Federal Way's shelter capacity to make it available on a year round basis and then make the shelter system an integral part of a continuum of care model. Communities with year round shelters experience twice the rate of success as Federal Way. Shelters should be linked directly to all other services and programs offered in the community. See Appendix B for more details on shelters. 2. Recommendation 2 — Create a Community Coordinated Response Create an ongoing Federal Way collaborative group, staffed if and when funds are available by a new paid staff member in the Community Development Department, Community Services Division, and charged with coordinating and maximizing services and positive outcomes for people experiencing homelessness using the continuum of care and progress model. This group would: a. Create the mechanism for providing the continuum of care and paths to success for people experiencing homelessness in our community; b.Research the pros and cons of having a facility similar to Pierce County and other communities that provide for immediate care and referrals for ongoing care; c. Based on the work of the Homeless Taskforce, create a strategic plan to coordinate housing, health, behavioral health, reentry and emergency services; d.Create a public campaign that educates and offers opportunities for community members to meaningfully engage in being a part of the solution; R e.Analyze how some rules and regulations may exacerbate homelessness and make recommendations for remedying those defects; f. Cooperate on grant -writing and other financial initiatives; g.Evaluate its own success rate in reducing homelessness in Federal Way on a bi-annual basis and re -adjust its efforts as appropriate. The group could include, but not be limited to, healthcare providers, substance abuse counselors, mental health professionals, King County.Public Library System, South King Fire & Rescue, Federal Way Public Schools, Highline College, Green River College, Bates Voc-Tech, Renton Voc-Tech, apprentice programs, trade unions, employer groups, police, courts, City community services personnel, City Human Services Commission, landlords, human services agencies, businesses, outreach providers, low-income housing developers, people who have themselves experienced homelessness currently or in the past, members of the Homelessness Task Force, and other key groups and individuals. 3. Recommendation 3 — Develop a Community Coordinated Outreach Program As an extension of Recommendation 2, develop a citywide targeted outreach plan to ensure that people are engaged with and connected to coordinated services and housing opportunities in a consistent and well-documented manner. Outreach teams would be especially useful when encampments are dismantled. Language used should model caring and respect. The use of peer mentors would be one way to establish the type of outreach that can increase the chance of positive outcomes (See Recommendation 8). 4. Recommendation 4 — Create or Expand Online Resource. There should be an easily accessible online resource listing local/regional services available to those in need, including those who are currently experiencing homelessness or are on the brink of becoming homeless. The resource must be updated regularly and should include, but not be limited to, shelters, emergency housing, rental/mortgage/utility assistance, and general human services. The City could either create such a resource itself, cooperate with the county and other nearby municipalities, or work in collaboration with 211. 5. Recommendation 5 — Increase the Availability of Affordable Housing and the Effectiveness of the Coordinated Entry System Look for ways to increase affordable housing in Federal Way and improve collaboration with the King County Coordinated Entry system to increase housing placements. See Appendix B for more details on affordable housing. 6. Recommendation 6 — Increase the Equitable Delivery of Services Develop a strategy in conjunction with the community coordinated response team to address inequitable delivery of services and housing solutions in Federal Way. This includes the full spectrum of services including, but not limited to, mental health treatment, addiction treatment, shelters, and other programs that can be 7 utilized by people experiencing homelessness in Federal Way to help them achieve sustainable housing and a stable lifestyle. 7. Recommendation 7 -- Partner with local agencies to install public phones Though many individuals in need and/or experiencing homelessness have cell phones, they are usually pre -paid with available minutes that run out quickly. Telephone access is a necessity for scheduling appointments for social services, medical appointments, check -ins with probation offices, and other inquiries regarding legal services, just to name a few. Without telephone access, there is a higher chance of missed opportunities to access available services. Therefore, it would help to install free phones at transit centers, libraries, and other public places for those in need and/or experiencing homelessness to access. To avoid misuse of phones, they could dial directly to 211, be outgoing only, or limit area codes. 8. Recommendation 8 -- Hire and Train Peer Navigators Many people experiencing homelessness have experienced some type of trauma. These individuals are less likely to accept help and seek out assistance from individuals to whom they do not relate or whom they do not trust. The best way to understand something is to hear it explained by someone who has had similar experiences and has been in "your shoes." Peer navigators are individuals with "lived experience." They have overcome addiction, found stable housing, and/or successfully sought treatment for mental health disorder. Peer navigators have the ability to connect to the homeless community genuinely and are more likely to build trust more quickly. They would provide referrals to resources and assist with benefit acquisition. They could work either for a partnering organization or for the City of Federal Way Community Development Department, Community Services Division. B. Addressing Impacts on the Community 1. Recommendation 1 — Allow a Safe Parking Program All Home findings for King County in 2018 show that the largest portion of the unsheltered homeless community is living in vehicles (28%), which is a 46% increase over 2017.2 Therefore, it would make sense to allow churches to offer the opportunity for individuals temporarily residing in their vehicles to use parking lots after hours for overnight safe parking with limitations and requirements based upon the size of the parking lot, its location, duration and frequency of offered use, and the availability of security, sanitary facilities, and garbage control. Consider necessary changes to Federal Way Revised Code (FWRC) to allow such a program with reasonable restrictions and requirements for a use permit. (Currently, under FWRC 19.130.290, it is illegal to sleep in a vehicle in a residential zone for more than fourteen (14) days in any 180 -day period. However, there is some emerging case law suggesting that such 2 http://allhomekc.org/wo-content/uploads/2018/06/combined-infog_raphic-PIT-2018-1.pdf 1 restrictions, when applied to churches, must be limited to regulations that are necessary to protect public health and safety.) 2. Recommendation 2 — Create a Group to Coordinate Clean -Up Programs Create a group that analyzes the numerous ways to effectuate the beautification and clean-up of our community and then implements best practice recommendations (work crew, structured community service, partnerships, subscription services for security and clean-up, etc.). Best practices should include prevention, mitigation, and remediation. See Appendix C. 3. Recommendation 3 — Continue Vigilant, Effective, Collaborative, and Mission -Focused Law -Enforcement City of Federal Way Police must maintain its vigilance in fighting crime and criminal behavior and continue its efforts to prevent future crimes from happening. This takes a tremendous amount of effort from limited law enforcement resources. Currently, the City of Federal Way Police has an entire team of officers who devote all of their time to homeless issues in an effort to supplement patrol and other police and City resources. Networking with other cities' and regional efforts and sharing successes and new ideas is helpful. What works in one place may work in another, and there is no need to reinvent the wheel if not necessary. Police should continue with its collaborative citywide efforts, which include all of the resources represented in the Homelessness Task Force. It will take a multi -faceted approach to produce meaningful and effective solutions to these complex issues. Lastly and most importantly, police must remain committed to its mission to keep the people they serve safe and secure in their daily life. 4. Recommendation 4 — Better Coordinate with Criminal Justice Programs The Municipal Court has had promising results with Community Court. More investment needs to be made to incorporate restorative practices in conjunction with the proposed community coordinated response. Defendants seen in court can then interface with existing community programs that can help reduce recidivism. 5. Recommendation 5 — Prevent the Re-establishment of Dismantled Encampments. Dismantling encampments will only be effective if the City continues to monitor and enforce the closure. There will always be time, effort, and cost to cleaning up, but areas should be monitored to prevent them from getting into an extreme condition. Also, private landowners should be encouraged to pool resources to hire a security firm. Furthermore, the use of underbrush clearing techniques has been one of the most successful tools to prevent reoccupation of land parcels once they have been cleared. This technique is very expensive to the landowner and therefore can be prohibitive to many. A cost analysis/comparison should be considered. 3 Clean-up can be broken down into two categories; street litter clean-up and encampment clean-up. Encampment clean-ups include human waste. V. CONCLUSION The observations and recommendations will be for naught unless we find a way to work collaboratively to address all aspects of homelessness, not just what appeals to a narrow interest or that only provides for a narrow approach. We have much to do and few financial resources with which to do it, but we will succeed if we bring our collective will and determination to work towards the common goals of bettering both our community and the lives of people experiencing homelessness or otherwise in need who eventually can become our good neighbors. 10